EMPLOYER’S GUIDE TO SICKNESS RIGHTS
Employee sickness is an everyday part of being an employer, but it can present logistical and legal challenges in some cases. In this guide, the experts at Clover HR are going to cover an employers’ responsibility with long term sick leave and short term sickness, as well as how to handle it and what documentation you need.
Learn more below, or to speak directly to one of our HR consultants, call us now on 0330 175 6601.
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WHAT ARE THE CURRENT SICKNESS GUIDELINES FOR EMPLOYEES?
Short Term Sickness
Short term sickness is common in any workplace, and can be caused by anything from colds and flu to stomach bugs. By law, employees can self-certify for up to seven days. This means they can tell their employer they are unwell and can’t work without needing to provide proof.
As an employer, you may need to provide sick pay during these days if specified in your employment contracts. Employees can self-certify as sick for both physical and mental reasons, and you are required to treat both causes with equal seriousness.
Long Term Sickness
When it comes to long term sickness, employment rights differ. If an employee is off work for more than seven days, they will need to request a fit note from a healthcare professional to certify they are unable to work. As an employer, you’re entitled to request a copy of the fit note as proof of illness. Fit notes can be issued for both physical and mental health concerns, and again, you are required to treat both just as seriously.
If an employee is off work specifically due to poor mental health, you must assess whether the mental health problem is related to their work. If it is related, you should make an effort to address the cause.
HOW TO MANAGE SICKNESS ABSENCE IN THE WORKPLACE
Managing sickness absence, both short and long term, means considering a few different aspects and processes.
Notification
For short-term sickness absence, employees should notify their employer via the agreed channels and at the agreed time. These should be laid out in your employee handbook or contracts. For long term absences of over seven days, employers have the right to request a fit note, which will need to be issued by a healthcare professional.
Internal Management
It’s a good idea to document any employee sickness absence regardless of length. You should record:
- When and how the employee notified you of their absence
- Their reason for being absent
- How long they will be off work and their return date
For long term absences, you should also document:
- A copy of their fit note
- The intended date of their return to work interview
Pay
With both short and long term sickness, employment rights require you honour the sick pay entitlements given in your employment contracts, and provide Statutory Sick Pay (SSP) to any eligible employees.
Employees are eligible for SSP if:
- They are classified as an employee and have performed work for you
- Earn at least £125 per week
- Have been unwell for more than three consecutive days, including non-working days
- They can provide a valid fit note
Medical Examination and Documentation
For short term sickness absence of seven days or less, employees aren’t required to provide any documentation to prove their illness. For any absence over seven consecutive days, they must provide a fit note.
A fit note needs to be issued by a registered healthcare professional, who must assess the employee before providing the note. The note will either say the employee is ‘not fit for work’ or ‘may be fit for work’. If they are classed as ‘may be fit for work’, you can discuss possible adjustments with the employee that might allow them to return to work. However, if adjustments can’t be agreed on by both parties, you must consider them ‘not fit for work’.
Return to Work
Returning to work after a short term absence is straightforward and is unlikely to require any HR process other than to document that the employee has returned.
However, it is an employer’s responsibility, with long term sick leave, to arrange and conduct a return to work interview. This is your chance to make sure the employee is definitely ready to come back to work and discuss any additional support they might need.
Reasonable Adjustments
Following a period of sickness absence, an employee might request that you make what are known as ‘reasonable adjustments’ to help prevent them needing to take more sick leave. Reasonable adjustments are changes that an employer can make to the workplace or an employee’s role.
These changes could include things such as making a workplace more accessible for someone with a physical disability or providing flexible working patterns for someone with a mental health condition. Unless you can demonstrate that these adjustments would be impractical, dangerous to others or financially damaging to your business, you’ll be required to make them.
HOW TO MANAGE LONG TERM SICKNESS
With long term sickness, employment rights are quite specific, and there are a number of things to be considered.
Keeping in Touch With Employees on Long Term Sick
It’s often beneficial to maintain contact with an employee during an extended period of absence. You should agree with them on how and when this will happen and who will be in touch with them. It’s usually helpful, and sometimes legally required, to update employees about organisational changes that will affect their role. Regular welfare communication can also make the employee feel less isolated during long term sickness absence.
However, make sure to avoid pressuring or pestering an employee who is ill. This could make them uncomfortable, exacerbate their illness and even land you in legal trouble.
Occupational Health
Occupational health support is designed to help employees who have been signed off work for long periods due to illness return to work safely while minimising the chance of a recurrence.
An occupational health specialist will speak to the employee and review medical records to help you determine how best to support the employee in their return to work. This can include tailored return to work planning and reasonable adjustments.
It’s your choice whether you consult an occupational health specialist or not, but it’s advisable and can help you ensure legal compliance as well as your employees’ well-being.
Holiday and Long-Term Sick
For long term sickness, employment rights allow employees to take holiday while they are absent due to illness. The employee can discuss this with you, and you should evaluate together whether their time off should be classed as holiday or sickness. It’s worth remembering that in some cases, a holiday can help an employee recover and potentially return to work sooner.
If holiday is granted, sick leave should be paused and the employee must receive their agreed holiday pay. Employees can also cancel holiday due to sickness, and request to be signed off sick instead. Any holiday previously booked during the period of sickness should be reallocated to them.
Finally, employees can also still build up holiday entitlement while absent due to illness.
Ill Health Retirement
In some cases, employees may be eligible to request ill-health retirement. This allows them to access their pension before normal retirement age. In order to qualify for ill-health retirement, employees must be medically certified to be unable to perform their job or to return to work before normal retirement age.
Capability and Long Term Sickness
If an employee has been signed off for a long period, and their medical prognosis suggests they are unlikely to be able to return to their role, you can conduct a capability assessment. If the employee is deemed unable to perform their role, you may be able to legally dismiss them.
It’s important you act carefully and consider all other alternatives before dismissal. Consult with the employee and their doctors to ensure you have accurate, up to date information before acting and rule out reasonable adjustments first.
LONG TERM SICKNESS MANAGEMENT WITH CLOVER HR
At Clover HR, we specialise in HR support for businesses of all sizes and sectors, from accountants to manufacturers. Our expert team can help with anything related to long term sickness and employment rights, supporting you in carefully and legally navigating potentially challenging situations. We’re an award winning HR consultancy working across the UK with decades of experience and a growing team of specialists.
To discuss your HR needs, just reach out to us by calling 0330 175 6601, emailing info@cloverhr.co.uk or filling out our contact form.
FREQUENTLY ASKED QUESTIONS
What Should Employers Do When an Employee is Not Genuinely Ill?
Proving an employee is taking sickness leave without being genuinely ill can be hard to prove, and may require input from a medical professional. However, by recording and monitoring all sickness absences, employers have a chance to identify any patterns, which can be addressed with the employee if necessary.
Conduct a return to work interview to give the employee an opportunity to provide an explanation and prevent further occurrences or raise any underlying issues.
What Should You Do If an Employee’s Sick Note Has Not Expired But They Want to Return to Work?
An employee can choose to return to work before their sick note expires, but they must be confident they’re well enough to do so. You should conduct a return to work interview to make sure they’re not putting their health at risk by returning too soon.
Can You Force an Employee to Take Sick Leave?
If you feel an employee is too unwell to work, you can send them home. If they maintain they are well enough, you can still insist they leave but this won’t be counted as sick leave, and you must pay them their normal wage until you decide they’re fit to return or they opt to self-certify.
Can an Employer Contact Employees While They Are on Sick Leave?
Yes, provided the contact is not designed to pressure or intimidate the employee into returning to work before they are well enough. Regular contact with an employee who is signed off sick can help reduce isolation and keep them updated on any changes at the company.
Do I Have to Tell My Employer Why I am Off Sick?
For the first seven days, you won’t need to provide your employer with a specific reason for your sickness absence. For long term sickness, employment rights require you to obtain a fit note, which will include a medical reason for your sick leave.
Is Calling in Sick During a Probationary Period OK?
It’s perfectly legal to call in sick during your probationary period, and your employer must respect this as they would with any other employee. However, if you demonstrate a pattern of repeated absence, you are far easier to dismiss during a probationary period.
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