How to manage excessive sick leave

Let’s face it—sickness absence is part of running and managing a business. Everyone gets sick from time to time. But when sick leave starts to become frequent, it can put pressure on your whole business.

If you’re noticing a pattern of excessive sick leave and wondering what your next step should be, you’re not alone.

That’s why we’re going to break down what counts as “excessive,” how to handle it fairly and legally, and the steps you can take to support your employee and protect your business.

What is “excessive” sick leave?

There’s no strict legal definition of excessive sick leave, it’s all about patterns and impact. However, it typically refers to either frequent short-term absence or a long-term absence with no clear return date. 

For example:

• An employee is off sick repeatedly often on similar days

• They’ve had several absences in a short time frame

• Absences start adding up to a significant portion of the working year

The key here is consistency: if an employee’s absence levels are much higher than others in similar roles, it’s reasonable to start looking into it.

The legalities of handling excessive sick leave

While we did say there is no legal definition for an employee taking too much sick leave, before taking any action it’s crucial to understand the legal framework around absence sickness:

• Statutory Sick Pay (SSP): Employees are entitled to SSP if they’re off sick for four or more consecutive days, provided they meet eligibility criteria.

• Disability Discrimination: Under the Equality Act 2010, if an employee’s health condition qualifies as a disability, you must make reasonable adjustments to help them stay in or return to work.

• Unfair Dismissal: You can dismiss someone due to excessive absence. But only if you’ve followed a fair and thorough process.

Make sure your contracts, policies, and procedures reflect current employment law and seek employment law advice before taking formal action.

Best practices for managing excessive sick leave

Start with the basics: Your sick leave policy

First things first, check your sickness absence policy. Do you have one? If not, now’s the time to put one in writing. Why? It’s your legal safety net.

A clear policy should outline:

• How and when employees report sickness

• What evidence they need to provide (like a fit note)

• Sick pay arrangements (SSP and or company sick pay)

• Return-to-work procedures

• Absence triggers for formal action

Having a policy makes everything easier and fairer for everyone involved. Just remember your employees must have access to this policy, it forms part of their terms and conditions of employment.

Keep absence records

• It’s hard to spot excessive sick leave if you’re not tracking it. Keep a log of:

• Dates and durations of absences

• Reasons given

• Any fit notes or letters

• Any correspondence or meeting notes

This helps you spot patterns and build a fair case if you need to escalate the situation. Plus, it’s vital if you’re ever challenged legally.

Have a conversation, not a confrontation

If you’re concerned about an employee’s absence, arrange an informal chat. Keep it supportive and open. You might say something like:

“I’ve noticed you’ve had quite a few days off recently, and I wanted to check in to see how you’re doing and if there’s anything we can do to support you.”

This gives the employee a chance to share any underlying issues and helps you demonstrate that you’re acting reasonably, in line with ACAS guidance on handling absence.

Maybe they’re dealing with a health condition, caring responsibilities, or even problems at work. But if you don’t ask, you’ll never know.

Use return-to-work meetings wisely

These are gold dust. A quick check-in after every period of absence shows that you’re paying attention and that you care. It’s also a chance to:

• Make sure the employee is well enough to be back

• Flag any support they might need

• Discuss patterns if there are concerns

If nothing else, just knowing there’ll be a conversation can help discourage casual absenteeism. See our article on return-to-work meetings for more information on this.

Consider occupational health support

If the absence is ongoing, or health issues are starting to affect performance, you might need an expert opinion. A referral to occupational health can give you:

• Clarity on the employee’s condition

• A likely return-to-work timeline

• Recommendations for adjustments (if needed)

Remember, under the Equality Act 2010, you have a legal duty to consider reasonable adjustments if the employee’s condition is classed as a disability.

When does too much sick leave become a disciplinary issue?

How many sick days before a disciplinary, isn’t as straight forward as a number.  Any absence could lead to formal actions. Whether they are explained, unexplained, unauthorised, start affecting performance or there’s no underlying health condition, you may need to start a formal process.

This is where tools like the Bradford Factor can help. Here’s the important bit: the Bradford Factor should never be used in isolation. It’s a guide—not a verdict.

Always combine it with common sense, context, and a conversation with the employee. And make sure any thresholds or scoring systems are clearly outlined in your absence policy.

• When taking disciplinary action for excessive absence always:

• Follow your absence policy and disciplinary procedures

• Keep records of all discussions and warnings

• Offer support before moving to formal action

Be prepared to justify your actions in line with unfair dismissal laws and ACAS codes of practice

Prevention of sickness is better than cure

Finally, ask yourself, what’s driving absence in your workplace? Is it workload, morale, stress, or something else?

Investing in wellbeing programmes, offering flexible working options where possible, and creating a culture of trust can go a long way in reducing unnecessary sick leave.

The easiest way to keep on top of excessive sick leave

Excessive sick leave can be tricky to manage, time-consuming and easy to get wrong.  But with a clear policy, open communication, the right tools and a bit of empathy, you can strike the right balance between support and accountability.

That’s where absence management software can make all the difference. The right tool can:

• Track employee absences automatically

• Calculate Bradford Factor scores for you

• Send reminders for return-to-work meetings

• Store fit notes and correspondence securely

By using HR software to monitor patterns and apply consistent processes, you, free up time and reduce risk. All while showing your team you take both wellbeing and business continuity seriously.