Returning to work after sickness

Whether it’s a short instance of the flu, or a longer-term sickness, knowing how to support your employees when they’re returning to work after an absence is essential. Not just for their wellbeing, but for your business too.

That’s why, we’re going to walk you through your responsibilities as an employer, what’s considered good practise and how to help your employees transition back to work smoothly.

Why a return-to-work process matters?

Going back to work after sick leave isn’t always easy. Your employee might be feeling anxious, behind on work or unsure how things have changed while they were off work.

As an employer, having a structured return to work process helps you:

• Meet any legal obligations

• Reduce the risk of further absences

• Show employees that their health and contribution matter

• Spot any underlaying issues early

What does the law say about return to work after sickness?

There are no specific return to work employment laws. But UK employment law does give some clear direction on managing a sickness absence:

• Employees can self-certify a sickness for up to 7 days before returning to work, after that, they’ll need a fit note.

• Under the Equality Act 2010, if your employee has a disability or long-term health condition, you must consider reasonable adjustments to support their return.

Ignoring this could lead to discrimination claims. If you’re ever in doubt it’s best practice to contact employment law advice services.

Do you need a return-to-work policy?

If you have an absence management policy you may have return to work processes detailed in there. If you don’t, you can create a return-to-work policy. While you legally don’t have to have one it’s always best practise to have a written policy in place.

A written policy, helps ensure consistency, protects your business and gives your staff a clear understanding of what to expect when they are returning to work after sickness. Your policy should cover:

• When and how return to work meetings take place

• Who conducts them

• What information is discussed and recorded

• Your approach to phased returns or adjustments

• How you handle fit notes or medical advice

• Any support available ( occupational health, wellbeing support)

Having this written down doesn’t just help with legal compliance, it shows you take employee wellbeing seriously. If you need help with creating your policy, we’ve got an HR document library full of customisable employment policies.

It’s also important to make sure your managers are trained on the policy too, so it’s followed fairly across the board.

How to support an employee’s return to work after sick leave

Here’s a step-by-step look at what you should be doing as an employer:

Stay in touch

If someone’s off work for more than a few days, it’s good practice to check in, without pressure. A quick message to ask how they’re doing and if they need anything shows you care and keeps the door open.

For longer absences, regular updates can help you plan their return to work while giving the employee reassurance that they haven’t been forgotten.  See our guide to contacting staff on sick leave for best practises on how to do so.

Plan a return-to-work meeting

Before your employee comes back, schedule a return-to-work meeting. Ideally on their first day back. Just remember this isn’t about grilling them or diving into medical details, it’s a chance to:

• Welcome them back

• Catch up on their absence

• Check if they’re fit to return to work

• Talk though any recommendations from their fit note if applicable

• Discuss temporary adjustments if needed

Keep it informal, supportive and confidential.

Consider a phased return or adjustments

If someone’s returning to work after a long absence, jumping straight back in full-time might be too much. So, they might benefit from a phased return to work plan, that might include:

• Reduced hours or workload

• Temporary changes to duties

• Homeworking or flexible hours

Always refer to the fit note but also ask the employee what they feel able to do. Work together to create a plan and put it in writing. For more guidance on phased return processes see our guide on phased return to work.

Make reasonable adjustments (if required)

As mentioned above if the medical condition is considered a disability under the Equality Act, you must consider reasonable adjustments to help with employee stay in or return to work.  This could include:

• A quieter working environment

• Extra breaks

• Changes to responsibilities

The key word here is reasonable. What’s fair will depend on the size of your business and the nature of the job. But you should always document your decision-making process.  See our guide for more information to your legal duty to making reasonable adjustments.

Keep an eye on their wellbeing

Coming back to work after sick leave can be overwhelming. So, it’s worth checking in regularly to see how they’re coping. Not just in the first week they return, but beyond.

You can encourage open conversation and remind them of any support you offer, like occupational health or an employee assistance programme.

For more information on how you can support your employees’ wellbeing, see our guide to workplace wellbeing.

What about returns after other types of long absence?

While sickness is one of the most common reasons for a return to work, it’s not the only one. Your employees may also be returning after maternity leave, shared parental leave, adoption leave or even a sabbatical.

The same principles apply, and it gives you a chance to:

• Welcome them back and catch up

• Explain any changes in the business or team

• Clarify updated responsibilities or working arrangements

• Discuss any flexible working request they may have

So, your return-to-work policy can (and should) cover all types of long absence, not just sickness. That way every employee knows what to expect and every manger knows how to handle it fairly.

What if the employee isn’t ready to return?

If your employee has a fit note that states they are not fit to return to work or your employee feels they aren’t ready to return, it’s important to tread carefully.

You should:

• Ask for updated medical advice

• Involve occupational health if needed

• Explore all reasonable adjustments

• Keep communication open

Only consider dismissal (on the grounds of capability) if all other options have been explored and always seek employment law advice first.

Need help creating a return-to-work policy or managing absence?

By following the right steps, putting a strong return to work policy in place, and staying flexible, you’ll protect your business, boost morale, and keep your team strong.

And remember, if in doubt, get advice. Running a business and managing staff absence can be a minefield, but you don’t have to navigate it alone.

Our HR software and expert advice line can help you get everything in place, from custom policies to return-to-work checklists. Discover BrightHR’s absence management tools today!