Long-term sickness absence

Treat four weeks as a prompt, not a legal threshold

GOV.UK says an employee may be considered long-term sick after more than four weeks. That is a useful point to move from passive date recording to a managed plan, but it is not a universal statutory definition. A shorter absence can need active support, and a longer one does not automatically mean the employee is disabled or incapable of returning.

Start with the known facts: absence dates, current evidence, sick-pay position, expected duration if known and the work the person normally does. The Acas guidance on sickness and employment puts support and return options before dismissal.

Agree contact that has a purpose

Ask the employee how and when contact will work. Each conversation should have a reason, such as checking evidence, discussing pay, considering workplace changes or reviewing a possible return. Demanding a fresh return date every week can create pressure without producing better information.

Consider whether occupational health or another specialist view would answer a specific work question. Keep medical information restricted and focus manager records on function, support and decisions.

Keep return planning separate from capability

A plan may include a phased return, changed duties, equipment or adjusted contact and review points. If the condition could amount to a disability, consider the applicable adjustment duties. Great Britain and Northern Ireland use different disability legislation, so do not copy a GB legal test into an NI case.

Capability dismissal is a last resort, not the next stage when sick pay ends. Before moving that way, obtain appropriate evidence, consult the employee, consider a reasonable period for recovery and explore changes or alternative work. Record what was tried and why any option was not workable.