There is no actual law requiring you as an employer to rehabilitate your employees who are off work sick. However, you should be aware of the legal requirements, which may apply.

Disabled employees are protected by the DDA. The DDA requires you to make reasonable adjustments to disabled employees' working arrangements or conditions to ensure they are not treated less favourably than other employees. Employees whose injury or poor health persists may be eligible for DDA protection.

You also have responsibilities under the HSWA to protect employees after they return to work if they have become more vulnerable to risk because of illness, injury or disability.

If you consider taking action to discipline or dismiss employees for ill health reasons, remember that you have responsibilities under the:

• Employment Rights Act 1996 to adopt fair procedures before dismissing employees on grounds of sickness absence;
• Employment Act 2002 (Dispute Regulations) 2004 to adopt statutory minimum dismissal, disciplinary and grievance procedures.

The sickness absence data you keep and process has to comply with the Data Protection Act 1998. If an absence record contains specific medical information relating to an employee, this is deemed sensitive data and you will have to satisfy the statutory conditions for processing such data.