Contacting employees on sick leave

When one of your employees goes on sick leave, it’s natural to worry about their health, the team’s workload, and what you’re actually allowed to say without getting into hot water.

Because as much as you want to check in, you don’t want it to come across as harassment while on sick leave.

So, let’s help you understand, when is contacting staff on sick leave okay, and is there actually such a thing as sick leave harassment ? If you need immediate help contacting an employee on sick leave, seek expert advice from HR professionals.

Can you contact an employee while they’re off sick?

Contacting an employee on sick leave isn’t illegal. You’re allowed to check in and, in certain circumstances, it’s essential.

Keeping lines of communication open helps you manage workloads, stay informed, and offer support where it’s needed. Plus, you might need updates for NES sick pay, return-to-work planning, or medical evidence.

But get it wrong, and it could be seen as harassment while on sick leave.

Is there actually a sick leave harassment law?

While there is no specific law called  “sick leave harassment”, such behaviour can fall under broader legislation related to harassment, discrimination and unfair treatment.

For example, if you have an employee with a long-term health condition that qualifies as a disability under the Disability Discrimination Act 1992, and you contact them with more security or pressure than someone who has been off one week with the flu, it could be seen as disability harassment.

On the other hand, you have an employee on long-term sick leave with a broken leg and you contact them every day, this wouldn’t be harassment.

In the scenario that you have one female employee and one male employee both on long-term sick leave with a broken leg at the same time. If you contact the female more often and with more pressure to return to work than the male, this could be considered sex-based harassment.

But what if there is no protected characteristic?  Let’s say you have an employee off work with the flu, and you:

• Constant messaging/calls demanding updates

• Suggest they’re not 'really' sick

• Ask them to join work meetings or reply to work emails

• Guilt-trip them about team workload

• Make hints about disciplinary action before recovery

This could seriously damage trust. And if that employee feels forced to resign, they could make a constructive unfair dismissal claim against you. So, there doesn’t need to be a protected characteristic.

What matters is that your actions as an employer, does not breach your duty of care and mutual respect, especially when the employee if in a vulnerable position like being off sick.

When is it appropriate to contact an employee on sick leave?

It depends on the circumstance of the sickness. A one-day cold doesn’t need a phone call (if they have followed your procedures). But someone who is off sick for a month, might need more care and communication.  A top tip is to tailor your approach.

Appropriate contact might include:

• Checking in to see how they’re doing (with empathy, not urgency)

• Updating them on any workplace changes that may affect them

• Discussing their return-to-work timeline or adjustments

• Arranging a welfare meeting

Best Practices for contacting staff on sick leave

Here’s how to strike the right balance between staying in touch and giving space:

Have a robust absence management policy

Before you even pick up the phone, make sure your business has an absence management policy. This should outline when and how you’ll contact employee during sick leave, who is responsible for communication and what support is available. 

It gives your managers a framework to follow and gives your employees peace of mind that they won’t be hounded while they’re recovering.

Agree on a contact plan

At the start of the absence, you should agree how and when you’ll stay in touch. When discussing this with your employee, you should agree:

• How often the contact will be

• How to contact each other

• Who the employee will be in contact with

Be human

Be kind, clear, and compassionate. A simple “Just checking in, no pressure to reply if you’re not up to it” goes a long way.

Keep it relevant

Only share what they genuinely need to know. Like sick pay info, updates on policies, or discussions about a return to work. Don’t bombard them with day-to-day updates they don’t need.

Document communication

It’s always smart to keep a record of contact. What was said, when, and why. This isn’t just about covering your back (although it helps), but also about keeping things consistent and professional.

Get 24/7 advice for contacting employees on sick leave

Contacting employees on sick leave isn’t just allowed—it’s often essential. But it has to be done with empathy and care.

If your messages feel like pressure rather than a friendly check-in, you might be crossing into sick leave harassment territory, and that can cause more problems than it solves.

Not sure if you’re striking the right tone? Wondering what you can and can’t say?

We’ve got you.

With BrightAdvice our 24/7 employment relations advice line, you can get instant expert guidance—day or night. Whether you’re managing a tricky absence or just want to check your wording before hitting “send”, our HR experts are here to help.

Because when it comes to handling sick leave right, a second opinion can make all the difference.