Phased Return to Work: Guide for Employers

A phased return to work allows employees to gradually resume their duties after a period of absence, often following illness, injury or long-term health issues. It usually involves reducing hours, workload or responsibilities for a temporary period, giving the employee time to adjust while supporting their recovery.

For UK employers, implementing a phased return requires careful planning and open communication. Employers should consult with the employee, and where appropriate, their GP or occupational health professionals, to agree on a structured plan for eventually returning to full capacity.

Risks arise when plans are poorly managed, with unrealistic expectations or inadequate support causing setbacks in recovery.

In this guide, we set out practical advice for employers implementing a phased return to work.

 

Benefits of a phased return to work

 

For employers, allowing a phased return can also bring benefits, including:

 

• There is a better chance of retaining a valuable employee who has been on long term sick leave if you accommodate their needs at the outset. If you do not facilitate a successful transition back to the workplace there is a greater chance that the employee will never return, or will have to be dismissed on ill-health grounds, neither of which are attractive options.
• It creates a positive supportive atmosphere in the workplace.
• There is the potential to save money on covering for the absent employee if they are back at least part of the time.
• There is the potential to save money on recruitment and training costs if the absent employee leaves.

 

 

Who can request a phased return to work?

 

An employee can request a phased return themselves, or as a result of a recommendation by their GP, or the employer’s occupational health practitioner.

Medical practitioners can recommend a phased return to work for an individual on their Fit Note. The Fit Note is designed to help patients consider what they can do, rather than what they are still unable to do. This is because a return to work in some capacity can in many cases help a person’s general recovery, to help them regain a sense of purpose and financial stability.

An employer who is concerned about the fitness of an employee who is returning to work after a long period of absence may make a referral to an occupational health practitioner. The OHP will talk to the employee and make an assessment of whether the employee is ready to return to work, and if so the correct type of phased return for them. A copy of the OHP’s report must be sent to the employee.

It is best practice for organisations to set out their return to work procedure as part of their sickness absence policy or employee handbook. This will provide clarity to both the employer and employee, and help ensure consistency across the organisation when implementing the policy.

The document should explain the process an employee needs to follow to request a phased return to work, and outline what the employee can expect from the employer. Ordinarily, this would involve the employee making a formal written request and then attending a meeting with their line manager and HR to discuss the proposal and agree the terms of the return to work, with the outcome confirmed in writing to the employee.

 

Examples of phased return to work

 

There is no set timeframe for a phased return, although they can usually last between 4 – 6 weeks. It is for the employer and employee to agree to the timescale when discussing the arrangement.

The nature of the ‘phasing’ will depend on the employee’s circumstances and the nature of the employee’s role. For example, some employees may simply need to start later and finish earlier to avoid the busy rush hour. Others may need to work mornings only as they are still suffering from fatigue.

For other employees, it may work better to attend for full days, but only two or three per week.

Phased returns can also relate to duties. For example, there may be some employees whose medication means that they must undertake lighter physical duties for a period of time.

Tiredness or stress may also impact on an employee’s ability to undertake a high-pressure customer-facing role, so they could work in a quieter, back-office role while they become re-accustomed to the working environment.

You will need to listen to your employee and their suggestions, and see what can be best incorporated into their work schedule and the needs of your organisation.

 

Does the employer have to agree to a phased return to work?

 

The answer to this depends on the reason the employee is making the request. If an employee has a disability, then employers must make reasonable adjustments to help the employee return to work and to help them to do their job. Examples of such adjustments are providing special equipment or facilities; adjusting their working hours; and/or amending their duties.

If a disabled employee made a request for a phased return and this was refused, depending on the circumstances, you may be in breach of the Equality Act 2010.

In other cases, the employer does not have to agree. However, if you later dismiss the employee on capability or ill-health grounds, and the employee makes a claim of unfair dismissal, your failure to agree to a phased return, i.e. to give the employee a chance, may be taken into account.

 

Phased return to work after absence due to stress

 

If the employee has been off work with stress, you will need to factor this into how you approach the return to work.

For example, employees returning to work after a period of stress-related absence may be considered to have a disability under the Equality Act 2010. A disability is defined as a physical or a mental condition which has a substantial and long-term impact on your ability to carry out normal day to day activities. Therefore, you may need to make reasonable adjustments for an employee who has been off with stress.

When dealing with an employee who has been off with stress, you should remember that the procedure for dealing with a phased return to work can be an administrative burden for the employee and therefore a cause of stress in itself.

Contact with the employee while they are off should be handled as sensitively as possible.

In arranging the meeting to discuss the employee’s return to work, you should be as flexible as possible about the timing, and even the location, as a neutral venue can sometimes be less intimidating for an employee who has been off work for a long time.

The employee should also be invited to be accompanied to the meeting by a colleague or trade union official.

 

Phased return to work after long-term sickness absence

 

An employee who returns to work after long-term sickness absence may also qualify as having a disability for the purposes of the Equality Act 2010.

Employees with certain conditions will automatically be protected against discrimination under the Equality Act 2010 from the day they are diagnosed. These conditions are cancer, a visual impairment, multiple sclerosis, an HIV infection and a severe, long-term facial disfigurement. The more serious the condition the more likely it may be that a suggested adjustment would be seen as reasonable by an employment tribunal, provided the adjustment is reasonable in the circumstances.

If an employee has been off work for a long time you should be aware that it may take them longer to re-adjust to the workplace.

You should revisit the phased return mid-way through to check with the employee if it is suitable for them. Depending on the employee’s feedback, you can offer to make amendments, and if their recovery seems to be slower than expected you can offer to extend the phased return period.

 

Phased return to work after maternity leave

 

A phased return to work after maternity leave can help employees, some of whom may have been off work for over a year, to readjust to working life. It can also help with the practicalities of settling a baby into a new childcare routine, and both mother and baby in adjusting to new patterns of breast-feeding.

Care should be taken over the pay aspect of this arrangement, as the employee will not have been on sick leave, but maternity leave. Therefore, you and the employee will have to agree whether or not they will be paid for the time they are not at work. This should be stated in the Employee Handbook to ensure fair treatment of all staff in this situation.

Remember also that mothers can make use of Keep In Touch days to ease the transition back into the workplace.

 

Is a risk assessment needed?

 

By law, an employer has a duty to assess the risks to the health and safety of their employees, a ‘risk assessment’. This should be written down and reviewed and updated periodically to take account of any change in working practices within the organisation. It is highly likely that there will be different risk assessments for different categories of employees.

If an employee returns to work with a physical or mental disability you should speak to them to help understand the risks posed to them in the workplace, and make an informed decision whether to carry out a risk assessment.

However, if an employee has completely recovered and simply needs assistance in managing the transition back to full-time work then a risk assessment is less likely to be necessary.

 

Does a phased return to work affect pay?

 

The following options may be considered, depending on the circumstances:

 

• Return the employee to full pay once they commence their phased return;
• Pay the employee for the hours they work, and ‘top-up’ the rest of the time with Statutory Sick Pay (SSP);
• Pay the employee for the hours they work and ‘top-up’ the rest of the time with Occupational Sick Pay (OSP); and
• Agree with the employee that they may use accrued holiday to top up their pay when they are not working.

 

Whatever is agreed between the employer and the employee, the employer must confirm the arrangement in writing to the employee.

The first option above is obviously the most generous, but not all employers will be able to afford this. If you can, however, then it is obviously a good incentive to encourage the employee back to work.

Assuming that the employee qualifies for SSP, you and the employee will have to structure the phased return carefully in order that the employee is actually entitled to be paid SSP. The reason for this is that SPP is only paid after an employee has been absent for four consecutive days (including weekends and bank holidays).

Therefore, if an employee returns to work on a two-day phased return on a Monday and Thursday, they would not be entitled to SSP. However, if they returned on a Monday and Tuesday the employee would receive their SSP entitlement for the rest of the week. If an employee returns to work for three days then these must be consecutive in order for the employee to receive SSP, and if the employee returns for four days then they will not receive SSP at all.

If your organisation has an OSP scheme and the employee has qualified to receive it, you could continue to pay OSP to the employee for the hours or days they are absent for work during their phased return.

If the employee is gradually going to build up their hours over the course of the phased return then you should set out in writing what they will be paid and when. This is particularly important if the OSP rates start to reduce after the employee has been off work for a certain period of time. For example, under the OSP scheme, some employees may have the right to receive full pay for three months then half pay for three months. The change from full pay to half pay and how this interacts with pay for the phased return must be clearly explained.

Employees who have been on sick leave nevertheless continue to accrue their statutory holiday entitlement of four weeks while on sick leave. Therefore, they may request to use some of their annual leave to cover their pay for the hours or days that they are not in during their phased return to work.

 

Need assistance?

 

DavidsonMorris’ employment lawyers can help with all aspects of workforce management, including advice and support on return to work arrangements for employees. Working closely with our HR specialists, we offer a holistic advisory and support service for employers encompassing both the legal and people management elements of supporting employees with their return to work. For advice on a specific issue, speak to our experts today

 

Phased return to work FAQs

 

What is a phased return to work?

A phased return to work is a gradual process where an employee resumes work following illness, injury, or long-term absence, often with reduced hours or duties.

 

Who can request a phased return to work?

Any employee returning from a period of sickness absence can request a phased return, often supported by a fit note from their GP or advice from occupational health.

 

Do employers have to agree to a phased return to work?

Employers are not legally required to agree, but they should consider it, particularly if reasonable adjustments are needed under the

 

How long should a phased return last?

The length of a phased return depends on the employee’s health and recovery. It typically lasts between a few weeks and a few months, depending on individual circumstances.

 

Will employees be paid during a phased return?

Pay during a phased return depends on the employee’s contract and any sick pay arrangements. Employers may agree to full pay, statutory sick pay (SSP), or adjusted pay based on hours worked.

 

What are reasonable adjustments in a phased return?

Reasonable adjustments could include reduced hours, lighter duties, flexible working, or providing additional support to help the employee return to work successfully.

 

Do employees need a fit note for a phased return?

A GP may recommend a phased return on a fit note, outlining any changes needed, such as reduced hours or modified duties. Employers should consider this advice.

 

Can a phased return to work plan be extended?

If an employee needs more time to recover, the plan can be extended following discussions and agreement between the employer and employee.

 

What if an employee cannot return to full duties?

If full duties cannot be resumed, employers should explore alternative options, such as permanent adjustments, redeployment, or medical retirement, depending on the circumstances.

 

How can employers support a successful phased return?

Employers should maintain open communication, regularly review progress, and remain flexible to adapt plans based on the employee’s recovery and needs.