Long-term sickness

As an employer, one of the trickiest situations to navigate is long-term sickness. Understanding what classes as long-term sick leave, how it impacts your team and your responsibilities under employment law can be a bit of a minefield.

That’s why we’ll break it down for you in a way that makes sense and recommend the right tools (like absence management software)  to handle long-term sickness with confidence and compassion.

What is long-term sickness?

Long-term sickness refers to an employee being unable to work due to an illness or injury for a prolonged period of time.

Under UK employment law, there's no legally defined time period for what is classed as long-term but many businesses class absence which lasts for 4 weeks or more as long-term.

It doesn’t matter whether the sickness is physical or mental. If your employee is off sick for a month or longer, you may class them to be on long-term sick leave.

For example, if you have an employee recovering from major surgery and is signed off for two months, that’s long-term sickness. If you have another experiencing burnout and has been signed off for stress for five weeks, that also counts.

Even if an employee’s condition fluctuates. Let’s say they’re off for three weeks, come back, then need more time off. This could still fall under long-term sick leave depending on the circumstances.

That said you may have your own absence management policy, that spells this out in more detail, which can help keep things consistent.

As an employer, recognising long-term sickness and responding in the right way is key to supporting your staff and protecting your business from unnecessary disruption—or legal risk.

Types of long-term sickness

Long-term sickness can take many forms, and it’s not always immediately visible or easy to manage. As an employer, you’ll quickly realise that no two cases are quite the same.

While some long-term absences are relatively straightforward, others can be complex and unpredictable. That’s why a one-size-fits-all approach just doesn’t work.

Take a broken bone, for example. Let’s say an employee fractures their leg and is signed off for eight weeks. You’ll likely have a clear recovery timeline, know when to expect their return, and can plan around their absence with a good degree of certainty.

But what if an employee is signed off due to depression or a flare-up of a chronic condition like Crohn’s disease? That’s a very different story.

With mental health or long-term health conditions, recovery isn’t always linear. Symptoms can vary day by day, and expected return-to-work dates may need to shift as the situation evolves. And it’s not always visible from the outside, which can make communication and support even more sensitive to handle.

That’s why it’s so important to approach each case individually. With empathy, patience, and a flexible support plan. Some employees might need phased returns or reasonable adjustments; others may require extended time off, ongoing treatment, or regular reviews.

Recognising that there are different types of conditions that might lead to extended absence can help you respond with empathy and plan effectively.

Employment law and long-term sickness

As an employer, it’s crucial to be aware of your employee’s long-term sick leave rights. Employees on long-term sickness are entitled to several protections, including:

Long-term sick pay entitlement

Employees who are off sick for four or more consecutive days are entitled to Statutory Sick Pay (SSP), if they meet the eligibility criteria. So, employees do get long-term sick pay, if they qualify for SSP.

This is paid at a fixed rate (currently £118.75 per week) for up to 28 weeks. If the employee’s sickness extends beyond this period, they may be eligible for other forms of support, such as Employment and Support Allowance (ESA) or you may offer contractual sick pay.

Protection against dismissal

While you can dismiss an employee on long-term sick leave, you can’t simply fire them because they have been off sick for a long time.

The Employment Rights Act 1996, states that you must follow a fair and legal dismissal process before you do. Which is set out by ACAS code of practice.

This may include getting a medical report or occupational health assessment, then holding a formal medical capability meeting to discuss ways to help the employee get back to and stay in work. You should also look at whether the employee’s sickness has impacted their ability to perform their job in the long-term.

Reasonable adjustments

If an employee has a disability or a long-term health condition, under the Equality Act 2010, you’re required to make reasonable adjustments to help them return to work or perform their duties. This might involve flexible working hours, changes to their job role, or providing special equipment.

The impact of long-term sickness on your business

Long-term sickness can affect more than just the individual who’s off. It can have a knock-on effect across your entire business. From productivity dips to rising costs and strained morale, understanding these impacts helps you plan ahead and support your business through periods of prolonged absence.

Here’s how long-term sickness can impact your business and how having the right tools like HR software can help you manage it.

Reduced productivity

When an employee is away, their responsibilities usually fall to others. Which can slow down projects or overburden the team.

The right software can help you:

• Track workloads and reassign tasks easily

• Monitor productivity trends during periods of absence

• Identify resource gaps in advance and plan accordingly

Increased costs

While SSP is capped, indirect costs like temporary staff, overtime, and cover training can add up. But with the right software in place, you can:

• Automate SSP calculations and tracking

• Forecast future absences using historical data

• Log all absence-related costs for better financial oversight

Team morale

Overworked employees or uncertain team structures can lower morale. Especially if there’s a lack of communication. HR software features include:

• Transparent absence calendars

• Team performance monitoring to identify early signs of stress

Legal and compliance risks

Mismanaging absence, whether through lack of documentation, failure to communicate, or missed legal steps, can lead to serious consequences. HR software helps you stay compliant by:

• Safely storing medical notes, fit notes, and correspondence

• Tracking every step of the absence journey

• Generating reports to support legal compliance and fair procedures

• Giving you peace of mind with access to 24/7 employment law advice

Get help with long-term absences from BrightHR

Long-term sickness is something every employer is likely to encounter at some point, but with the right knowledge, tools, and mindset, you can navigate it with confidence.

By understanding what qualifies as long-term sickness, recognising the types of conditions that could lead to extended absence, and appreciating how it impacts your business, you’re better placed to respond fairly and effectively.

And remember, having the right HR software in place can take a huge weight off your shoulders. From tracking absence to supporting your legal obligations and helping your team stay connected, it’s a smart investment that pays off in both the short and long-term.