A Jamie HR manager's guide
The manager's guide to long-term sickness absence
A practical guide for managers and small businesses on supporting employees through long-term sickness absence: statutory sick pay, your legal duties, reasonable adjustments, and managing a safe return to work.
SSP from day one
Reasonable adjustments
Return to work
How you handle a long-term absence affects your employee and your business in equal measure.
A long absence is one of the harder things a manager has to handle. There is a person to support, sick pay to get right, legal duties to meet, and a return to plan, often with little HR to lean on. This guide sets out what the law asks of you, what changed in 2026, and the practical steps to take at each stage.
What's inside
What is long-term sickness?3
Start the conversation early4
Statutory Sick Pay and the 2026 changes5
Fit notes and occupational health6
Reasonable adjustments and the Equality Act7
This is capability, not misconduct8
Holidays during a long absence9
Planning the return to work10
When dismissal is a last resort11
Getting long-term sickness right12
How Jamie HR helps13
What is long-term sickness?
There is no single legal definition, but a few things are worth being clear on from the outset.
- Long-term sickness usually means a continuous absence of four weeks or more.
- Someone on long-term sick leave may also be disabled in law under the Equality Act 2010.
- A disability is an impairment that has lasted, or is likely to last, at least 12 months and substantially affects daily activities.
- Most rights here apply to workers and employees alike; protection from unfair dismissal applies to employees.
Manager tip
Conditions such as anxiety and depression can count as a disability even with no visible symptoms. If in doubt, assume the duties may apply and take advice.
Start the conversation early
The first step is always to talk to your employee, and to keep it about the person, not the workload.
- Make contact early, whether a welfare check while they are off or a return-to-work meeting.
- Ask how they are, what would help, and how long they expect to be away.
- Agree how often you will be in touch and how, and let them shape it.
- Keep contact supportive and steady, never chasing.
Manager tip
When someone goes off sick, make contact first with a short, considerate message rather than waiting for them to reach you. Ask how they are and listen to the answer.
Statutory Sick Pay and the 2026 changes
Statutory Sick Pay is the legal minimum you must pay eligible staff who are off sick.
- Currently £123.25 a week, payable for up to 28 weeks.
- For lower earners, the lower of 80% of their average weekly earnings or that flat rate.
- From 6 April 2026, paid from the first day of sickness, as the three waiting days have gone.
- The Lower Earnings Limit has been scrapped, so lower-paid and part-time staff now qualify.
- Near the end of the 28 weeks, point them towards Employment and Support Allowance.
Manager tip
Check your payroll is set up for the April 2026 rules, so nobody is underpaid or made to wait for pay they are now due from day one.
Fit notes and occupational health
Good evidence turns guesswork into a plan you can act on.
- The first seven days of sickness can be self-certified.
- After seven days, ask for a fit note from a GP or other authorised healthcare professional.
- A 'may be fit for work' note usually suggests support such as a phased return or adjusted duties.
- For longer absences, an occupational health referral gives an independent view on timescales and adjustments.
Manager tip
An occupational health report is exactly the kind of evidence a fair process relies on if harder decisions come later, so it is worth getting early.
Reasonable adjustments and the Equality Act
If a condition meets the definition of a disability, you have a legal duty to make reasonable adjustments.
- The duty applies to businesses of every size.
- Adjustments often include flexible or reduced hours, or a phased return.
- They can also mean changed duties, a different role, extra breaks, or a lower workload for a while.
- Base them on the person and any medical advice, and put them in place before they return.
Watch out
Failing to make reasonable adjustments, or treating someone unfavourably because of a disability, can lead to a discrimination claim. There is no qualifying period and no cap on compensation, so take advice before you act.
This is capability, not misconduct
Sickness absence is a capability matter, not a conduct one, and the legal tests are very different.
- Misconduct is about behaviour, something the person has chosen to do.
- Capability is about their ability to do the job, whether through illness, injury or another health reason.
- Unless you genuinely suspect someone is misrepresenting their absence, treat it as capability.
- Follow your sickness policy, seek medical input, explore adjustments, and keep it supportive.
Manager tip
If you are ever unsure whether something is capability or conduct, take advice before you act. Starting down the wrong path, even with good intentions, makes it much harder to resolve fairly.
Holidays during a long absence
Holiday keeps working quietly in the background during a long absence.
- Holiday keeps building up while someone is off sick.
- They can choose to take paid holiday during sick leave, but you cannot force them to.
- If they take holiday, sick leave pauses and they are paid as normal.
- Up to four weeks of unused statutory holiday can be carried over, and must be used within 18 months of the end of that leave year.
Manager tip
Someone might not be well enough to work but could still benefit from time away. If an employee asks to take holiday while off sick, consider it carefully and sympathetically.
Planning the return to work
A good return is prepared, not left to chance.
- Hold a supportive return-to-work conversation as the person nears coming back.
- Many people return best in stages, building up hours or duties over a few weeks.
- Use the fit note and any occupational health advice to shape a plan, with adjustments in place beforehand.
- Keep checking in, because a return is a starting point, not a finish line.
Manager tip
Hold a short return-to-work meeting after every significant absence, agree any adjustments in writing, and diarise a review a few weeks later.
When dismissal is a last resort
Dismissing on ill-health grounds can be lawful, but only as a genuine last resort and only after a fair process.
- Gather up-to-date medical evidence, including occupational health advice.
- Consult properly with the person about their health and the outlook.
- Actively consider all reasonable adjustments and any suitable alternative roles.
- Notify them ahead of any meeting, allow them a companion, and give a right of appeal.
Watch out
A dismissal that skips these steps risks an unfair dismissal claim, and where the person is disabled, a disability discrimination claim too. Take proper HR or legal advice before you act.
Getting long-term sickness right
Handled well, it protects your employee and your business at the same time. The essentials:
- Talk early and keep contact supportive, not chasing.
- Pay SSP correctly under the April 2026 rules, from day one.
- Get fit notes after seven days, and use occupational health early.
- Make reasonable adjustments where the Equality Act applies.
- Treat it as capability, keep health data secure, and record everything.
- Plan and review every return, and treat dismissal as a true last resort.
How Jamie HR helps
Managing a long absence well comes down to support, fairness and a clear record. Jamie HR keeps all three in one place.
- Absence records that track a long absence from first day to return, in one clear timeline.
- Documents and fit notes stored securely, so health information stays separate and controlled.
- Sickness policies and acknowledgements, held where managers and staff can find them.
- Return-to-work notes and reminders, so adjustments and reviews do not slip.
jamiehr.com
This guide is general information, accurate to the best of our knowledge as of 2026, and is not legal advice. Employment law changes and every situation is different, so for a specific case take professional HR or legal advice. Sources: Acas and the Equality Act 2010.