Phased return to work: a guide for employers

A phased return to work brings an employee back after sickness or injury on reduced hours, lighter duties or both, building up to their normal job over a period you agree together. It can follow a fit note that says the employee "may be fit for work" with the phased return box ticked, or advice from occupational health. No law fixes its length. You pay the usual rate for the hours worked. Pay for the hours not worked depends on your sick pay policy or what you agree, and Statutory Sick Pay (SSP) covers only full days off sick. For a disabled employee, a phased return can be one of the reasonable adjustments the Equality Act 2010 requires.

This guide covers the law in Great Britain. Northern Ireland has separate sick pay and disability discrimination legislation.

When does an employee need a phased return to work?

Start with the fit note. In Great Britain, doctors, registered nurses, occupational therapists, pharmacists and physiotherapists have been able to issue fit notes since 1 July 2022, under the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations 2022. The note says the employee is "not fit for work" or "may be fit for work". A "may be fit" note can tick four options, which DWP's fit note guidance for employers describes like this:

Fit note option	What it means
A phased return to work	A gradual increase in work duties or hours
Altered hours	Changes to the times or duration of work
Amended duties	Changing duties to take account of a condition
Workplace adaptations	Changing aspects of the workplace, including working from home

The fit note's recommendations are advice. You decide, with the employee, whether you can make the changes, and if you cannot, DWP says the same note counts as evidence for sick pay. The employee can come back before the note runs out, and the form has no "fit for work" option, so nobody needs to be signed back.

ACAS also suggests a phased return after a serious injury or a bereavement. Where the note is vague or the job is safety-critical, get occupational health advice written for the actual job. HSE's guidance on managing sick leave and return to work lists occupational health providers among the sources of professional advice on fitness to work.

How to plan a phased return to work

Write the plan down. DWP recommends recording any changes so everyone is clear on what has been agreed. A workable plan covers:

• the days and hours for each week, building up to normal
• the duties included, and any the advice rules out
• who the employee reports to, and who can adjust the plan
• review dates, for example at the end of each week
• pay for the hours worked and for the hours not worked

Check your risk assessment before the first day. Regulation 3(3) of the Management of Health and Safety at Work Regulations 1999 requires a review where there is reason to suspect the assessment is no longer valid. Regulation 13(1) of the Management of Health and Safety at Work Regulations 1999 requires you to take an employee's capabilities into account when you give them tasks. DWP's example: if the fit note says to avoid lifting, you are liable if you give the employee work that involves manual handling.

A four-week plan for someone who normally works five days of 7.5 hours could look like this. It is an illustration only.

Week	Days worked	Hours a day	Work
1	Monday, Wednesday, Friday	4	Catching up and lighter tasks, nothing the advice rules out
2	Monday to Thursday	4	Some normal duties, with agreed breaks
3	Monday to Friday	6	Most normal duties
4	Monday to Friday	7.5	Normal duties, plus any adjustments that continue

The real pattern comes from the advice and the job: a forklift driver and an office administrator coming back after the same operation may need very different plans. Where the role has physical demands or hazardous exposures, a fitness to work assessment matched to the role confirms whether the employee can safely return to full duties.

How long is a phased return to work?

There is no fixed legal length. ACAS says it depends on the employee's circumstances and that you should agree the length together. A fit note will usually give advice on it. Your absence policy may set a normal maximum: treat it as a guide, and follow the advice and the person.

Review the plan as you go. ACAS expects employers to be flexible, which can mean extending the phased return or changing duties again. A plan that keeps stalling is worth a fresh occupational health referral, because the advice behind it may be out of date. If an extended plan still fails, the case moves into your absence management process: take HR advice before any formal step.

Do you get full pay on a phased return to work?

Only if your sick pay policy or a written agreement provides for it. ACAS says the employee should get their usual rate of pay for the hours they work, and the rest depends on what you agree and on your policy.

Time in the plan	Pay
Hours the employee works	Their usual rate of pay for those hours
Hours not worked on a day they work	Whatever your sick pay policy or a written agreement provides. SSP cannot cover part of a day
A full working day off sick	Company sick pay if your scheme covers it, or SSP if they are eligible
Full hours on a lighter workload	A rate you agree with the employee and confirm in writing

HMRC is explicit: if an employee returns to work for you part-time for therapeutic reasons, "the days they work cannot be treated as days of incapacity for SSP" (Statutory Payments Manual, SPM110800). In ACAS's example, an employee who normally works 7 hours a day for 3 days returns for 2 hours a day on 2 days. SSP can be paid for the third day, which they spend off, and for none of the unworked hours. Every day of SSP counts towards the 28-week maximum.

If a reduced-hours return leaves the employee financially worse off, DWP suggests you may decide to pay company sick pay for the hours not worked, or full pay. Put whatever you decide in writing before the first day back.

SSP itself changed on 6 April 2026, when sections 10 and 11 of the Employment Rights Act 2025 came into force. HMRC's guidance on the change says SSP is now payable from the first full day of sickness absence, is available to eligible employees whatever they earn, and is paid at 80% of average weekly earnings or £123.25 a week, whichever is lower. If your sick pay policy or payroll still applies waiting days, update it.

Is a phased return to work a reasonable adjustment?

It can be. Section 20 of the Equality Act 2010 sets out the duty to make reasonable adjustments, and section 39(5) of the Equality Act 2010 applies it to employers. Where a provision, criterion or practice puts a disabled employee at a substantial disadvantage compared with non-disabled colleagues, you must take such steps as it is reasonable to have to take to avoid the disadvantage. Expecting someone back on full hours and full duties from day one can create that disadvantage, and a phased return is one step that can avoid it.

Under section 6 of the Equality Act 2010, a person has a disability if they have a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Under paragraph 6 of Schedule 1 to the Equality Act 2010, cancer, HIV infection and multiple sclerosis are each a disability, and DWP's guidance confirms this applies from diagnosis. An employee coming back after cancer treatment is covered.

For a disabled employee, then, the section 20 duty in the Equality Act 2010 sits behind the fit note's advice. What is reasonable depends on the employee and the job, and an occupational health report helps you establish it. For practical examples, see our piece on disability awareness and reasonable adjustments at work.

How to run a return to work interview

A return to work interview, or meeting, is a conversation between the employee and their manager when they come back. ACAS says there is no legal requirement to hold one, and that a chat as soon as possible after the return is a good opportunity to check they are ready and agree support.

Prepare first. Make sure the meeting is private, read the fit note and any occupational health report, check earlier absence records, and know what support you can offer. Then cover:

• whether they feel ready to be back, and how the plan looks to them
• what changed at work while they were off
• anything in the fit note or occupational health advice they want to discuss
• whether anything at work contributed to the absence, such as work-related stress
• what they would like colleagues to be told, and what stays confidential
• the date of the next review

ACAS notes the employee is under no obligation to tell you anything, though talking openly helps you put the right support in place. If the employee is disabled, review their reasonable adjustments in the same meeting. Write down what you agreed and give them a copy.

Opus Safety's absence management support includes templated return to work interviews and an HR consultant on hand through review meetings and reasonable adjustments. When a case needs medical input, we arrange an occupational health referral. An Occupational Health Advisor or Physician from our clinical partners, acting on Opus's behalf, tells you whether the employee is fit for their role, fit with adjustments or unfit for now, which adjustments to make, for how long, and when to review. The diagnosis stays between the employee and the clinician. Ongoing HR support starts from £75 a month.

Frequently asked questions

Do I need a sick note for a phased return to work? No. Employer and employee can agree a phased return between them, and nobody needs a note saying they are fit to come back, because the fit note has no such option. Your absence policy may still ask for medical evidence while the employee is off sick.

How long is a phased return to work? As long as the employee's circumstances need, agreed between employer and employee. No law sets a length, and the plan can be extended.

Do you get full pay on a phased return to work? Only if the employer's sick pay policy or a written agreement provides for it. The hours worked are paid at the usual rate.

Can you get statutory sick pay during a phased return to work? Yes, for full working days spent off sick, if the employee is eligible. It never covers the unworked hours of a day on which they do some work.

Is a return to work interview a legal requirement? No. ACAS says a chat as soon as possible after the employee returns is a good opportunity to check they are ready and agree any support.

Can an employer refuse a phased return to work? Fit note recommendations are advice, so you can decline them if you cannot accommodate the changes, and the note then counts as evidence for sick pay. For a disabled employee, if a phased return is a reasonable step to avoid a substantial disadvantage, section 20 of the Equality Act 2010 requires you to take it.

What happens if a phased return to work fails? Review it first: extend it, or ask occupational health for fresh advice. If the employee still cannot return to their job, the case moves into your absence management process, and HR advice comes before any formal step.