For many, the return to work means going back to the same role as they were previously doing, with no transition period. Perhaps none is required, or the employee is happy and able to step back into their role straight away. However, for others, a phased return to work may be needed. This is when a person who has been absent from work returns gradually, building up their hours, days and tasks at a pace that best supports their needs.
What sort of phased returns could there be?
A phased return can take many forms, depending on the employer, the role and the needs of the employee. Examples could include:
- reduced hours which slowly increase;
- work that’s different from the job the employee did before their absence;
- a lighter workload at the outset of their return.
When should a phased return be used?
This might be appropriate if the employee has been suffering from a long-term illness, either physical or mental, has sustained a serious injury or has experienced a bereavement.
If the returning employee is now disabled, their employer must also make reasonable adjustments to support them.
These are changes made (and paid for) by the employer to remove or reduce a disadvantage that is caused by the employee’s disability.
How long a phased return should be
There’s no set duration for a phased return as it will depend on the circumstances of the employee. Before it starts, the employer and employee need to discuss how long it should go on for, what its aims are and how to determine if/when those aims have been achieved.
The duration of a phased return can often be informed by the advice given on a fit note, if such is available.
At regular intervals during the phased return, the employer and employee should hold review meetings to discuss how things are going and whether there is anything that can be adjusted to make the process easier.
Much is to be gained by flexibility on the part of the employer when it comes to support for the employee’s wellbeing, both physical and mental. For example, the phased return could be extended if it’s felt that this would be beneficial. Changes to the employee’s duties or their pattern of work could also be agreed. The aim of the process, after all, is to reintegrate a valued employee into the workplace, to the benefit of both employee and employer.
The level of pay an employee will be on when they start their phased return will depend on what kind of return has been agreed with the employer.
If it’s been arranged that the employee is resuming their normal work, but their hours have been reduced, then their rate of pay will remain as it was, commensurate with the actual hours worked. For the hours that they won’t be working, their pay will depend on their agreement with the employer or any relevant clause in the employer’s policy, if there is such a policy.
If the employee is returning full time but their workload has been reduced, then the employer and employee need to agree what the rate of pay will be. Once that has been agreed, it should be confirmed in writing, either in a letter or email so both sides have evidence in the event of a dispute later.
How can we help?
If you’re bringing an employee back to the workplace on a phased return, you’ll need to make sure you do so in a way that’s going to avoid any future problems. Our expert advisers and lawyers can walk you through the process and they can also take a look at your policies and procedures in this area to make sure that you’re compliant with employment law. Why not give them a call to see how they can help you keep your business and employees protected?