HR Update - how to handle long term sickness

The main question to be answered is whether, and when, an individual may be fit to return to work and whether this would be in the capacity they were employed prior to absence.

The first step is to request that the employee gives you access to their medical records. They will need to sign a medical consent form, which you must then send to their doctor.

When obtaining consent, the employee must be informed that they have:

•  The right to withhold consent, although if the employee refuses to co-operate in providing medical evidence, or to undergo an independent medical examination, a decision may be taken on the basis of the information available.

• The right to state that they have access to the report at any stage, including before it is supplied.

• The right to withhold consent to the report being supplied to the employer.

• The right to request amendments to the report.

If the employee requested access to the report, arrangements for access must be made by the employee directly.

The doctor needs to be contacted by the company within 21 days of the date of the consent form being completed, otherwise the rights under the Access to Medical Reports Act will be lost and a further consent form must be completed.

Once consent is given you can then write to the doctor to establish:

• The medical position causing the absence from work

• The employee's likely date of return

• What work they be will be capable of performing on return

• Whether any specialist advice is required

• Whether a phased return is required

• Whether any adjustments are required

• Whether the condition would be covered by disability under the under the Equality Act.

The doctor will only answer your questions - they will not provide you with a full medical history. Depending on your contract of employment, you may also be able to request that the employee undertakes a medical examination paid for by the company.

Jacqui Mann is managing director of HR4 Nurseries (www.HR4nurseries.co.uk)