Phased Return to Work

Within the CCC sickness absence policy it currently states that in cases of long-term sickness absence Occupational Health may recommend an employee returns to work on a phased basis. However, moving forward, to facilitate a return to work without unnecessary delays, a manager can now agree and implement a short-phased return for an employee if no other adjustments are required, without referring the employee to Occupational Health.

The purpose of a phased return to work is to rehabilitate the employee to their full duties and gradually build back up to undertaking their normal working hours. The details of the phased return will be agreed between the line manager and employee with consideration given to the needs of the service.

This could be established with a conversation with the employee with regards what obstacles they feel they have in preventing them from returning to work their normal hours for a short period, using the below checklist. A short-phased plan could cover a period of 1-2 weeks or up to a maximum of 4 weeks depending on how the employee is coping on return to work; this could be reduced hours, reduced days or a mixture of both and could be flexible if required if the employee is not managing the hours agreed.

Also, if the employee’s GP has advised on a phased return to work plan and no other adjustments are required then the manager could implement the phased return to work plan.

The Line Manager should review the employee’s progress on a weekly basis and should they recognise that the employee is unlikely to be able to resume their normal working hours and duties before the four week period expires then a further referral to Occupational Health will be required in order to ascertain the individual’s fitness for work.

If the GP has advised the employee is fit for work but the manager has concerns about their fitness to work after speaking to the employee, they may need to be medically suspended until assessed by Occupational Health. The sickness absence policy states that 'We have a duty to take all reasonable steps to ensure employee health and safety. This means that it may be necessary to medically suspend an employee from work pending medical assessment if there may be particular risk to health. The decision will be based on a risk assessment. If an employee is suspended on medical grounds they will be entitled to full pay. The suspension should be reviewed upon receipt of the assessment from Occupational Health. However, if the employee is offered other suitable work and do not accept it, they may lose the right to be paid.)’

The employee will be paid in full up to a maximum of four weeks during a phased return to work period. If a phased return is agreed for a period longer than four weeks, the additional period will need to be managed by using, for example, annual leave/flexi/unpaid leave/temporary reduction in hours etc. 

Medical certificates will not be required for the phased return to work period as the employee will no longer be on sick leave and sick pay will not apply.

1. Why do you feel you need a phased return to work?

2. What obstacles are preventing you to work your normal hours? Discuss how the manager and/or the employee could overcome these obstacles through the short-phased period:

1. Minor adjustments to duties.
2. Adjustments to the way the work is organised.

3. Do you feel you need other adjustments to help you overcome these obstacles? (May need OH referral if ‘yes’ or manager and employee cannot overcome the obstacles discussed).

Scenario 1

ME is a care worker and has been absent from work with a chest infection for 4 weeks and feels fit enough to return to work but is worried they may not be able to work 5 full days immediately as they are feeling tired by late afternoon. Using the checklist this is the outcome:

1. Why do you feel you need a phased return to work?

2. What obstacles are preventing you to work your normal hours? Discuss how the manager and/or the employee could overcome these obstacles through the short-phased period:

1. Minor adjustments to duties.
2. Adjustments to the way the work is organised.

3. Do you feel you need other adjustments to help you overcome these obstacles? (May need OH referral if ‘yes’ or manager and employee cannot overcome the obstacles discussed).

• Feeling tired by late afternoon.
• Does not feel they can work the whole shift as tired by the afternoon.
• No.

Outcome – Short-phased plan agreed over a 2-week period working mornings for 3 days in week 1 and 4 x morning shifts in week 2 before returning to normal hours in week 3. Will meet to review in week 1 and the end of week 2 to assess if they are managing the hours and if they are able to return to normal hours in week 3.

Scenario 2

CP is an admin assistant and has been absent from work for 4 weeks with a sprained ankle but feels able to return to work but concerned they may not be able to work 5 8-hour days due to the discomfort in the ankle. Using the checklist this is the outcome:

1. Why do you feel you need a phased return to work?

2. What obstacles are preventing you to work your normal hours? Discuss how the manager and/or the employee could overcome these obstacles through the short-phased period:

1. Minor adjustments to duties.
2. Adjustments to the way the work is organised.

3. Do you feel you need other adjustments to help you overcome these obstacles? (May need OH referral if ‘yes’ or manager and employee cannot overcome the obstacles discussed).

• Discomfort in ankle if moving around regularly with no rests.
• Working 8-hour shift and not being able to rest ankle.
• No.

Outcome – to work 5 x half days for 1 week and 5 x 6-hour days for week 2, use a stool to rest ankle when sitting, and take regular breaks every 30 minutes if required to stand or move around. Will meet to review in week 1 and the end of week 2 to assess if managing the hours and if they are able to return to normal hours in week 3.

Scenario 3

JB is a refuse/recycling loader and has been absent from work 6 weeks with symptoms of anxiety and feels ready to return to work and to get back into a routine, but is worried they may not be able to work all week as the new medication prescribed is only now taking effect and feels they may not be able to manage any stressors that may occur during the working day – in work or at home. Using the checklist this is the outcome:

1. Why do you feel you need a phased return to work?

2. What obstacles are preventing you to work your normal hours? Discuss how the manager and/or the employee could overcome these obstacles through the short-phased period:

1. Minor adjustments to duties.
2. Adjustments to the way the work is organised.

3. Do you feel you need other adjustments to help you overcome these obstacles? (May need OH referral if ‘yes’ or manager and employee cannot overcome the obstacles discussed).

• Worried about working a full week straight away as medication is only now taking effect.
• Any stressors in their work/life situations that may affect them.
• Yes – some wellbeing support.

Outcome – to work 3 x full days in week 1 working M/W/F and 4 x full days in week 2 working M/T/T/F and to refer to the WSS; to message their manager if not managing the hours worked and a referral to OH can be discussed if other adjustments are required. Will meet to review in week 1 and the end of week 2 to assess if managing the hours and if able to return to normal hours in week 3.

Scenario 4

CH is a Business Support Assistant and has been absent from work for 2 months with lower back pain and feels ready to return to work but is worried they may not be able to work all week sitting at their desk for 8 hour days. Using the checklist this is the outcome:

1. Why do you feel you need a phased return to work?

2. What obstacles are preventing you to work your normal hours? Discuss how the manager and/or the employee could overcome these obstacles through the short-phased period:

1. Minor adjustments to duties.
2. Adjustments to the way the work is organised.

3. Do you feel you need other adjustments to help you overcome these obstacles? (May need OH referral if ‘yes’ or manager and employee cannot overcome the obstacles discussed).

• Concerned that sitting at a desk all day may aggravate their back issue and case further sickness absence.
• Working 8 hours days utilising their current chair and desk.
• Yes - referral to Occupational Health for further adjustments for workstation adjustment - the provision of new or adapted equipment.

Outcome – to work 3 x half days in week 1 working M/W/F, 2 full days and 2 half days in week 2 working M/T/T/F, 2 full days and 3 half days in week 3. A referral to Occupational Health will be made in advance of returning to establish if new office equipment is required i.e. standing desk, chair or foot stool. Will meet weekly on return to assess if managing the hours and if able to return to normal hours in week 4.

An employee may need adjustments to be made upon their return to work. Such adjustments can include the following:

• Agreed flexible working hours
• Minor adjustments to duties
• A reduction in working hours
• Adjustment to the way work is organised
• Workstation adjustment - the provision of new or adapted equipment

It is the responsibility of the Line Manager to ensure that all reasonable adjustments have been implemented and effectiveness assessed before proceeding through further stages of the sickness absence policy.

The Equalities Act 2010 places a clear legal obligation on employers to make reasonable adjustments to the working conditions/duties of disabled staff. 

If the implementation of ‘reasonable adjustments’ will not enable an employee to return to their current position the Line Manager will work with HR and the employee to consider a suitable alternative vacancy. This is a reasonable adjustment under the Equalities Act. 

Where Occupational Health recommends redeployment the employee will be placed on the redeployment register for an initial period of 4 weeks. The employee will be supported appropriately to look for vacancies which match their skills, knowledge, experience and competencies.

If suitable alternative employment is not found within the 4 week period the Line Manager and HR advisor will meet with the individual to give notice of termination on the grounds of ill health capability. The employee will remain on the redeployment register for their full notice period.

• Redeployment Policy (.pdf)