Phased Return to Work: Your Rights Explained

How to structure a phased return after sick leave. Typical timelines, pay implications, and how to negotiate the plan.

What is a Phased Return?

A phased return is a temporary arrangement where you gradually increase your working hours or duties after a period of long-term sick leave (usually 4+ weeks).

The goal is to rehabilitate you back into the workplace without causing a relapse.

Key Fact: Medically, a GP can recommend a phased return on a “Fit Note” (Statement of Fitness for Work).

Typical Phased Return Structure

A standard plan lasts 4 to 6 weeks, but can be longer.

Week 1: 50% hours (e.g., Mon/Wed/Fri mornings only).
Week 2: 60% hours.
Week 3: 75% hours.
Week 4: 100% hours (but with lighter duties).

It’s not just about hours

It can also be a phased return of duties.

Example: A teacher returning from stress leave might engage in lesson planning (admin) for 2 weeks before stepping back into the classroom (delivery).

Do I get paid my full salary?

This is the most common dispute. There is no statutory right to full pay for hours not worked during a phased return.

Hours Worked: You are paid your normal rate.
Hours Not Worked:
- Some generous employers pay full salary (discretionary).
- Some use your remaining Sick Pay allowance (SSP or Occupational) to top it up.
- Many count it as Unpaid Leave or ask you to use Annual Leave to top up salary.

Check your contract. Many “Occupational Sick Pay” schemes include a clause for full pay during a 4-week rehab period.

Can my employer refuse a phased return?

If your GP recommends it, refusing it without a very good operational reason could be risky for the employer.

If your absence is due to a disability (including long-term mental health), a phased return is almost certainly a Reasonable Adjustment. Refusal could be discrimination.

Top Tips for Success

Agree a review date: Don’t just set a plan and ignore it. Review at Week 2. If it’s too hard, slow it down.
Protect non-working days: If you are off on Tuesdays, do NOT check emails. Complete rest is the point.
Written Plan: Ensure the specific hours and duties are written down and shared with your immediate team so they don’t overload you.