How can we manage disability leave and disability-related sickness?

ECU strongly supports the adoption of disability policies as an example of inclusive practice which will assist with the recruitment and retention of disabled staff, and help higher education institutions (HEIs) meet their responsiblities under the Disability Equality Duty.

Disability leave (both planned and unplanned) can be used for those times when the employee needs to be away from work to attend medical appointments, become familiar with reasonable adjustments, or when adjusting to a new or worsened disability or medical condition.  In the latter case, it may be appropriate for the individual initially to take a period of disability-related sickness absence and follow this with a period of disability leave as he or she becomes familiar with their new situation.

Disability leave can be managed in a similar way to general leave, but it should be treated as a priority.  Your HEI should recognise that not all disability leave can be planned in advance, and that flexibility will be needed on the part of the employer.

Distinguishing between general sickness absence and disability-related sickness absence is good practice as it helps to remove disadvantage experienced by disabled people. This recognises that impairments and medical conditions may, at particular times, generate a greater level of sickness absence. It is also recommended that disability-related sickness absence should not be included in an employee's total sickness record, as it can influence decisions relating to promotion, references or selection for redundancy.

Disability-related sickness absence can be managed in a similar way to general sickness absence, and recent case law indicates that it can be limited in its extent. However, your HEI may find it good practice to be generous in calculating the number of days an employee may receive full or half pay while on disability-related sickness absence.

A supported period of transition back to work, in relation to both disability leave and disability-related sickness absence, should be considered, as it can assist both employer and employee in the process of ensuring the member of staff is able to work to the best of his or her ability. Equally, providing central support and resources for departments and functional units with members of staff away on either disability-related sickness absence or disability leave will assist those departments in the conduct of their work, and will also help to reduce any concerns felt by colleagues of the absent person.

Employment practices such as the management of disability leave and disability-related sickness absence should be considered within your HEI's programme of equality impact assessment. This will provide a way of monitoring new policies and their impact on staff performance, satisfaction, retention, etc.  It may also be appropriate to include these policies in the Action Plan of your institution’s Disability Equality Scheme.

Useful tips on how to deal with disability-related, short-term sickness absence:

• talk to the person about their impairment/condition – find out what can be done to assist them
• don’t make assumptions about what they will or will not be able to do
• carry out a proper assessment of their capabilities
• consider what reasonable adjustments can be made to their job
• consider redeployment
• carry out a return-to-work interview with the individual when they return to work
• monitor the situation – keep a record of relevant information/actions to facilitate/maximise the support provided to the disabled person.

Further useful tips:

• keep in touch with the person
• find out whether/when they are able to return to work
• if the case is particularly problematic – consider whether a case conference would help, if so contact the relevant person in your HEI.