In this situation a sympathetic, fair and reasonable approach to the matter is needed. Such absences will typically result from an illness, injury or a medical condition
There are also cases where an employee may seek to benefit from additional time off and drag out an absence; this can happen for example if they are facing disciplinary action.
Whether the reason for the absence is genuine or exaggerated, an employer should establish an agreeable pattern of contact to review progress and stay up to date with any developments. It is also advisable when the absence is long-term to make a referral to occupational health for expert guidance on how best to handle the situation.
Careful consideration also needs to be given to making reasonable adjustments if the employee has a disability, or what may potentially be considered a disability.
Taking formal action against an employee in relation to a long-term absence when there is uncertainty about when, or even if, they will return to work can be difficult for all concerned.
It was made clear in the Court’s ruling in O’Brien v Bolton St Catherine's Academy (2017) that employers cannot be expected to wait forever for an employee to recover from illness when considering dismissal.
Dismissal for a long-term absence should be seen as a last resort having taken all reasonable steps - occupational health assessment, obtaining a GP report and having considered reasonable adjustments – after which it may be fair to dismiss the individual even if they are disabled.
During such a dismissal procedure an employer must act fairly and reasonably and treat the employee with sensitivity.
