Can i terminate an employee on sick leave

In such situations, the employer can terminate employment after giving due notice or pay in lieu of notice. Sick leave is an entitlement. Sick leave Home Related questions Sick leave Can your employment be terminated for taking sick leave? Search query Clear search. However, employees have a number of protections under the law from being dismissed where they are on sick leave, so employers need to exercise great caution and seek legal advice before taking any action.

An employee may take paid personal leave if the leave is taken because the employee is not fit for work as a consequence of a personal illness, or personal injury.

An employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury for which they can provide a medical certificate. Finally, within 12 months after a worker sustains an injury, an employer must not dismiss the worker solely or mainly because the worker is not fit for employment in a position because of the injury.

Inability to perform the inherent requirements of the position may be a valid reason for the termination of an employee. In consideration of this, an employer should prepare themselves to be as defensible as possible. Examples of changes which might help include a temporary change to duties or a phased return to work building up from shorter hours to their full contractual commitment.

Alternatively, you may ask them to talk to an Occupational Health adviser, who can give specific recommendations on potential reasonable adjustments. These can include adjustments to the role, physical adjustments to the premises or the provision of aids. Throughout this whole process, be sure to take detailed notes on the suggestions made and agreed or not agreed upon and share these with your employee.

Unfortunately, there are no black and white rules as to what length of time is acceptable before taking this route. Ideally you will have medical information to support your assessment about the likelihood of them returning. Ensure you have explored any alternatives such as making reasonable adjustments, considering other roles and utilising any options available through their pension scheme or insurance schemes. After having a discussion and exploring the medical information available, adjourn to make a decision and then communicate this to your employee both verbally and in writing.

Making a dismissal decision about an individual with a terminal illness is particularly difficult emotionally. Remember that people with a terminal illness may live for days, weeks, months or years, depending on their diagnosis and treatments.

Rather than making assumptions, ensure you understand what this really means for your colleague. Try to avoid making assumptions about what is in their best interests. Some individuals may wish to remain with your organisation in order that their dependents can benefit from any death in service scheme you may offer.

Others may actually be struggling financially and benefit from any pay in lieu of notice and untaken accrued holiday pay you make as a result of dismissal. The steps to remember are:.