Managing Communication with employees on Sick Leave

This month, we continue our conversation with Julie, our expert HR consultant, as we dig a little deeper into managing employees on long-term sick leave who may not be engaging with their employer.  

Our team often receives enquiries from employers struggling with unresponsive employees on sickness absence. The typical question we hear is, “My employee has been off sick, hasn’t provided a Fit Note, and won’t respond to any calls or emails.  What should I do?”

In this edition of ‘Ask the Expert,’ we explore this issue in depth. I sat down with one of our senior HR consultants, Julie to discuss the best practices for handling long-term sick leave when communication with the employee has broken down.  Julie shares some valuable insights into how employers can maintain effective communication during these challenging situations.

When I spoke to Julie, this is what she had to say:

The most critical aspect is keeping the lines of communication open. Even when an employee is on long-term sick leave—generally defined as more than four weeks—employers need to ensure that they are maintaining contact in a kind, professional, and polite manner. This approach encourages the employee to respond and stay engaged during their absence.

What should employers consider when trying to communicate with an employee who isn’t responding?

It’s important to consider the tone and method of communication. The tone should always be supportive and respectful, and the method of communication should be chosen based on what’s most likely to reach the employee. Options like phone calls, emails, text messages, and even traditional letters can all be useful. In some cases, it might be worth trying several of these methods to increase the likelihood of a response.

If an employee doesn’t answer calls or respond to emails, it’s crucial to explain why you’re reaching out. Something as simple as, “We’re checking in to see how you’re feeling and would appreciate it if you could contact us when you’re able,” can be effective. Providing a deadline for the response, along with a contact number, often makes it easier for the employee to get back in touch.

What steps should employers take if the employee still isn’t responding?

If there’s no response after multiple attempts, you can escalate the situation by sending an invitation to a welfare meeting. In the invitation, outline the purpose of the meeting—for example, you want to check on the employee’s well-being, understand the prognosis, and discuss their likely return-to-work date. You should also offer your support, asking if there is anything you can do to help and if there are any reasonable adjustments that could be made to help them.

It’s essential to be flexible in relation to how and where the meeting is held. Employers can offer to meet at the workplace, the employee’s home, or a neutral location like a coffee shop or hotel lobby. Virtual meetings via Zoom or Teams, or even phone calls, are also good alternatives. Sending this invitation by both post and email is advisable to ensure the employee receives it.

What about employees who aren’t providing the necessary documentation, like Fit Notes?

That’s an important point. Under the sickness absence procedure, employees are typically required to provide Fit Notes from their GP. If these aren’t submitted, their absence could be classified as unauthorised which can affect their entitlement to Statutory Sick Pay or company sick pay.  A gentle reminder about this requirement can sometimes prompt a reaction. Don’t forget that an employee can self-certify for the first  7 calendar days of sickness. This means that for the first 7 days of absence, they do not need to provide a fit note and can simply inform their employer that they are unwell.

What if all attempts to engage the employee fail? What options are left for employers?

After a variety of documented attempts to make contact, if there’s still no response, employers may have to make a difficult decision based on the information they have to hand. It’s crucial that you can demonstrate you’ve taken all reasonable steps to communicate and support the employee during their absence.

In cases of long-term sickness, where termination of employment due to medical capability is a consideration, it’s best to seek advice from an Occupational Health Therapist. With the employee’s consent, this often involves a medical assessment, sometimes held virtually, and reviewing the resulting medical report. However, if communication breaks down entirely, employers might have no choice but to make a commercial decision based on the facts available, though this should always be a last resort.

Mental health issues often play a significant role in long-term absences and can be a reason employees avoid communication.  Looking at this point specifically, I asked Julie

How can employers ensure they are sensitive to mental health concerns while managing long-term absences?

This is actually a very good question. Employers should be especially mindful of mental health concerns when managing long-term absences, as conditions such as stress, anxiety, and depression can often be underlying reasons for extended time off.  First and foremost, it’s important to approach the situation with empathy and understanding, recognising that mental health can impact an employee’s ability to communicate effectively or return to work quickly.

Understanding that each individual’s mental health issues are different. Be flexible about how and when you communicate and ask the employee about their preferences. For instance, if an employee is anxious about phone calls, offer email or written communication instead. If meetings are required, provide options like virtual meetings or a location where they feel comfortable.

Also, employers are required to consider reasonable adjustments for employees with mental health conditions, especially if those conditions qualify as a disability under the Equality Act 2010.

What legal precautions should employers take in these situations?

The key thing is to document everything. Every attempt to contact the employee should be recorded, whether it’s phone calls, emails, or letters. In cases that proceed to employment tribunals, courts will often adopt a sympathetic approach if employers can show they’ve made reasonable attempts to communicate. Following due process and keeping detailed records will always work in your favour.

Before ending my discussion with Julie I asked her if she had any words of wisdom for managers in this situation and this is what she had to say:

‘Employee absence can be challenging, but maintaining clear communication and documenting every step is key.’  

Julie also advises, ‘Always approach the situation with empathy while ensuring you follow the proper procedures. A balanced approach can help protect your business while supporting your employees during difficult times.’

HR:4UK’s 40 years of quality advice has empowered businesses to understand the complexities of HR with confidence. Throughout our journey, we’ve supported SMEs through a diverse range of challenges, from day-to-day HR issues to more complex, sensitive situations.