A Comprehensive Guide to Sick Leave for Employers

Sick leave is the time an employee takes off work due to illness or injury. In the UK, employees are entitled to take sick leave, but this time may not always be paid.

Employers are legally required to pay Statutory Sick Pay (SSP) to eligible employees for up to 28 weeks. Employers may also offer enhanced company sick pay schemes, which pay above the statutory minimum.

Beyond sick pay, from an employer’s perspective, sick leave can have a significant impact on organisational performance and culture. Regular absenteeism can disrupt operations, but employers must be mindful of their legal obligations. It’s also important to focus on supporting employees with their return to work in a sensitive and appropriate way.

This article is a comprehensive guide for employers dealing with the complexities of sick leave in the UK. It will cover the legal obligations surrounding sick leave, best practices for developing and implementing effective sick leave policies, strategies for managing frequent absenteeism, and ways to support employee wellbeing during periods of illness.

 

Section A: Sick Leave Fundamentals in UK Law

 

Sick leave is a statutory employment right that allows employees to take time off work due to medical reasons. It can be taken for a wide range of health-related issues, including short-term illnesses like the flu or long-term conditions that may require extended time off.

 

1. Entitlement to Sick Leave

 

In the UK, all employees are entitled to take time off work if they are sick. However, while employees can be off work due to illness for as long as they need, if and how they are paid during this time depends on several factors.

Statutory Sick Pay (SSP) can be paid to eligible employees for up to 28 weeks. SSP is not automatically available to everyone; employees must meet certain eligibility criteria to receive SSP.

Once the 28 weeks of SSP have been exhausted, if the employee is still unable to return to work, they may apply for additional government support, such as Employment and Support Allowance (ESA), or they may be covered by long-term sick pay schemes if their employer offers them.

In addition to SSP, many employers have company sick pay schemes that can provide extended or enhanced sick leave benefits, which may last for months or even longer, depending on the terms of the employment contract.

 

2. Overview of Statutory Sick Pay (SSP)

 

Statutory Sick Pay (SSP) is the minimum amount an employer must pay eligible employees who are off work due to illness. The current rate of SSP is set by the government and is reviewed annually.

As of 6 April 2024, the SSP weekly rate is £116.75.

To qualify for SSP, employees must meet certain eligibility criteria:

 

a. Employment Status: Employees must be classified as “employees” rather than self-employed or contractors.

b. Minimum Earnings: Employees must earn an average of at least £123 per week (as of 2024) to qualify for SSP.

c. Sick Leave Duration: Employees must be sick for at least four consecutive days to be eligible for SSP, which includes weekends and non-working days.

d. Notification: Employees must inform their employer of their illness within a specific timeframe (usually within seven days) and provide medical evidence if required.

 

Employers are responsible for paying SSP for up to 28 weeks. After this period, employees may need to apply for additional support through benefits or other programmes.

 

3. Differences Between SSP and Company Sick Pay Schemes

 

While SSP provides a baseline level of financial support for employees on sick leave, many employers opt to offer enhanced sick pay schemes as part of their employee benefits package. Key differences between SSP and company sick pay schemes include:

 

a. Payment Amount: SSP has a fixed rate determined by the government, whereas company sick pay schemes often provide a higher rate or a percentage of an employee’s regular salary.

b. Duration of Pay: SSP is payable for up to 28 weeks, while company sick pay schemes may offer extended benefits, sometimes lasting for several months or even years, depending on the organisation’s policy.

c. Eligibility and Terms: Company sick pay schemes may have additional eligibility requirements, such as a minimum length of service or different conditions for accessing sick pay. This means that new employees may not qualify for company sick pay immediately.

d. Discretion and Flexibility: Employers may have more discretion in how they implement company sick pay schemes, allowing for flexibility in response to individual circumstances, such as mental health issues or chronic conditions.

 

Section B: Legal Framework for Sick Leave

 

In the UK, several pieces of legislation govern sick leave and related matters:

 

a. Employment Rights Act 1996

This Act establishes the basic rights of employees, including the right to receive pay when they are sick under certain conditions. It sets the framework for sick leave policies and protects employees from unfair treatment due to illness.

 

b. Statutory Sick Pay (SSP) Regulations

These regulations stipulate the minimum sick pay that employers must provide to eligible employees. They outline the eligibility criteria, payment rates, and the process for claiming SSP.

 

c. Equality Act 2010

This legislation protects employees from discrimination based on disability, which can include long-term health conditions. Employers must ensure that their sick leave policies do not inadvertently discriminate against employees with disabilities and that reasonable adjustments are made where necessary.

 

d. Health and Safety at Work Act 1974

This Act places a duty on employers to ensure the health, safety, and welfare of their employees. This includes addressing workplace conditions that may contribute to health issues and facilitating a safe return to work for employees recovering from illness.

 

1. Rights of Employees on Sick Leave

 

Employees on sick leave have several rights protected under UK law, including:

 

Table: Employee Rights During Sick Leave

Right	Description
Right to SSP	Employees are entitled to Statutory Sick Pay under specific conditions.
Job Security	Employees can return to their original position after sick leave.
Confidentiality	Medical information must be kept confidential by the employer.
Protection from Discrimination	Employees cannot be treated unfairly due to their illness.

 

a. Right to Statutory Sick Pay (SSP): Eligible employees have the right to receive SSP for a specified period, provided they meet the necessary criteria.

 

b. Job Security: Employees are entitled to return to their original job or a suitable alternative after a period of sick leave. This is particularly important for long-term sickness, as failing to reinstate an employee could lead to claims of unfair dismissal.

 

c. Protection from Discrimination: Under the Equality Act 2010, employees cannot be discriminated against based on certain qualifying health conditions. Employers must ensure that their treatment of employees on sick leave is fair and non-discriminatory.

 

d. Confidentiality: Employees have the right to privacy concerning their medical information. Employers must handle any health-related information sensitively and only share it with relevant personnel on a need-to-know basis.

 

e. Reasonable Adjustments: Employees with disabilities or long-term health issues may request reasonable adjustments to their work environment or duties to support their return to work.

 

3. Employer Responsibilities

 

Employers have a range of responsibilities in respect of sick leave, including:

 

Table: Legal Obligations for Employers

Legal Requirement	Description
Payment of SSP	Obligation to pay Statutory Sick Pay to eligible employees.
Health and Safety Compliance	Ensure a safe working environment to prevent health issues.
Reasonable Adjustments	Make adjustments for employees with disabilities.
Documentation	Maintain accurate records of sick leave and related communications.

 

a. Payment of Statutory Sick Pay (SSP): Employers are legally obligated to pay eligible employees SSP when they take sick leave, ensuring compliance with the statutory requirements.

 

b. Developing a Clear Sick Leave Policy: Employers should create and communicate a clear sick leave policy that outlines procedures for reporting sickness, documentation requirements, and employee rights. This helps ensure employees are aware of their entitlements and the process to follow.

 

c. Maintaining Communication: Employers should maintain regular communication with employees on sick leave, offering support and keeping them informed about any changes in the workplace. This can help ease employees’ transitions back to work and demonstrate that they are valued members of the team.

 

d. Facilitating Return to Work: Employers are responsible for planning and facilitating a smooth return to work for employees after sick leave. This may include conducting return-to-work interviews, providing adjustments to working conditions, and offering support to help employees reintegrate into their roles.

 

e. Managing Absenteeism: Employers should be proactive in managing absenteeism by identifying patterns of sickness and addressing underlying issues that may contribute to frequent absences. This may involve conducting risk assessments or providing additional support for employees facing health challenges.

 

Section C: Types of Sick Leave

 

In the UK, sick leave can broadly be categorised into different types based on the duration and nature of the illness. While there isn’t an official classification of “types” of sick leave, employers and employees typically encounter the following common categories, each requiring a different management approach:

 

Type of Sick Leave	Definition	Examples	Key Considerations for Employers
Short-Term Sick Leave	Brief absence lasting a few days to a couple of weeks.	Colds, flu, minor injuries.	Self-certification for first 7 days; fit note needed for longer absences.
Long-Term Sick Leave	Absence lasting more than four weeks due to serious or chronic illness.	Cancer, surgery recovery, mental health issues.	Manage with SSP (up to 28 weeks), explore phased return or adjustments.
Frequent/Intermittent Sick Leave	Regular, recurring short-term absences.	Asthma, migraines, ongoing treatments.	Monitor attendance, explore underlying causes, consider flexible working.
Sick Leave Related to Disabilities	Leave due to conditions classified as disabilities under the Equality Act 2010.	Diabetes, epilepsy, mental health conditions.	Make reasonable adjustments, avoid discrimination, comply with the Equality Act.
Mental Health-Related Sick Leave	Absence due to mental health conditions.	Stress, anxiety, depression.	Encourage open dialogue, provide mental health support and phased returns.
Occupational Sick Leave	Absence due to work-related illness or injury.	Musculoskeletal injuries, workplace accidents.	Ensure health and safety compliance, offer adjustments or compensation if needed.
Phased Return to Work	Gradual return to work after long-term absence.	Recovery from major illness or surgery.	Implement reduced hours or modified duties to support recovery.

 

1. Short-Term Sick Leave

Short-term sick leave refers to brief periods of absence, usually lasting a few days to a couple of weeks, taken by employees due to minor illnesses or injuries. Common examples include conditions like colds, flu, minor infections, or non-serious injuries. Short-term sick leave is the most frequently encountered type of sick leave in the workplace and is generally easy to manage.

In the UK, employees can self-certify their illness for the first 7 days of absence, which means they do not need a doctor’s note (often called a “fit note”) to confirm their illness during this period. If the absence extends beyond seven days, employers can request a fit note from a healthcare professional to verify the need for continued sick leave. Statutory Sick Pay (SSP) can be provided for qualifying employees from the fourth day of illness, though some employers may also offer company sick pay schemes that provide enhanced benefits.

Employers should ensure that short-term sick leave is handled promptly, encouraging employees to report their illness according to company procedures and ensuring proper documentation when needed.

 

2. Long-Term Sick Leave

Long-term sick leave occurs when an employee is absent from work for an extended period, typically defined as more than four weeks. This type of leave is often required when an employee is dealing with serious or chronic health conditions that require long-term treatment or recovery. Examples of long-term sick leave include absences due to cancer, major surgeries, long recovery periods, or mental health issues such as anxiety or depression.

In the UK, employees on long-term sick leave are entitled to SSP for up to 28 weeks, provided they meet eligibility criteria. After this period, they may need to apply for additional government support, such as Employment and Support Allowance (ESA), if they remain unfit for work. Some employers also offer long-term sick pay schemes that extend benefits beyond the SSP period. Managing long-term sick leave requires sensitive handling, as employees may face significant physical and emotional challenges. Employers are encouraged to maintain regular, supportive communication with employees, offering reasonable adjustments or phased returns to work where appropriate. Under the Equality Act 2010, long-term sick leave related to a disability may also necessitate further legal considerations and reasonable accommodations.

 

3. Frequent or Intermittent Sick Leave

Frequent or intermittent sick leave refers to recurring short absences due to ongoing health issues. These absences may not necessarily be consecutive but occur regularly over a period of time. Conditions like asthma, migraines, or recurring medical treatments for chronic conditions often lead to frequent sick leave. Although the individual absences may be short, the repeated disruptions can pose a challenge to workplace productivity and team dynamics.

Employers should monitor attendance carefully to identify patterns of frequent sick leave and engage with employees to understand the underlying causes. Conversations about underlying health conditions or stressors that may be contributing to absenteeism should be handled sensitively. It may be necessary to refer employees to occupational health services or offer flexible working arrangements to help manage their health conditions. An effective absence management policy will outline how frequent absenteeism is addressed and ensure that employees are supported, rather than penalised, for genuine health concerns. Keeping accurate records and regular communication are essential to managing intermittent sick leave effectively.

 

4. Sick Leave Related to Disabilities

Sick leave related to disabilities is taken when an employee’s illness or injury stems from a disability covered under the Equality Act 2010. Disabilities may be physical or mental health conditions that have a substantial, long-term effect on an individual’s ability to carry out normal day-to-day activities. Examples include chronic conditions like diabetes, epilepsy, multiple sclerosis, or mental health conditions such as depression.

When managing sick leave related to disabilities, employers will need to be especially mindful of their legal obligations under the Equality Act. This law prohibits discrimination against employees with disabilities and requires employers to make reasonable adjustments to accommodate their needs. Reasonable adjustments might include modifying the employee’s duties, offering flexible working hours, or providing specialised equipment. Employers must ensure that sick leave policies are flexible enough to account for these adjustments and that employees are not disadvantaged or penalised due to their disability-related absences. A thorough understanding of the employee’s condition and open communication about their needs is key to managing this type of leave fairly and effectively.

 

5. Mental Health-Related Sick Leave

Mental health-related sick leave has become increasingly recognised as a legitimate form of absence as awareness of mental health issues in the workplace grows. Conditions such as stress, anxiety, depression, and burnout can significantly impact an employee’s ability to perform their duties and may necessitate time off to recover. Mental health issues are often invisible, which can make them harder to identify and manage compared to physical illnesses.

In the UK, mental health-related absences should be treated with the same level of seriousness and support as physical health problems. Employees suffering from mental health issues may qualify for SSP or company sick pay, depending on their circumstances. Employers should encourage open conversations about mental health and ensure that employees feel comfortable requesting leave if needed. Many organisations now offer Employee Assistance Programmes (EAPs) or counselling services to help employees manage their mental health. A phased return to work or adjustments to workload may also be necessary to support an employee’s recovery and prevent further deterioration. Employers should remember that long-term mental health conditions can be classified as disabilities under the Equality Act 2010, triggering additional obligations for reasonable adjustments.

 

6. Occupational Sick Leave

Occupational sick leave refers to absences caused by work-related illnesses or injuries. This could include musculoskeletal problems due to physical labour, repetitive strain injuries from desk work, or mental health conditions like workplace stress. Occupational sick leave may also arise from accidents that occur at work. In such cases, employers have a heightened responsibility to ensure that the workplace is safe and that health and safety regulations are followed to prevent future incidents.

Employers are required to record and report certain work-related illnesses and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). They may also be liable for compensation if an employee’s health issues result from negligence or unsafe working conditions.

Managing occupational sick leave involves ensuring that employees receive appropriate sick pay and also addressing the cause of the illness or injury. Employers should conduct risk assessments and provide the necessary adjustments or equipment to prevent further health problems. Regular occupational health assessments may be beneficial in managing these types of absences.

 

7. Phased Return to Work

A phased return to work is a structured process that allows an employee to gradually reintegrate into the workplace after an extended period of sick leave. This approach is often recommended for employees recovering from serious illness or injury, particularly when a full-time return might be too overwhelming initially. During a phased return, employees may work reduced hours or have their duties adjusted to reflect their current capacity.

Phased returns help ease the transition back to work, allowing employees to recover fully while slowly taking on more responsibilities. Employers can work with occupational health professionals to develop a phased return plan, ensuring it meets both the employee’s health needs and the organisation’s operational requirements. This approach benefits both parties, as it helps prevent relapses and ensures that employees are supported in their recovery. Employers are encouraged to remain flexible and open to adjusting the phased return plan as the employee’s health improves.

 

Section D: Sick Leave Policy

 

A comprehensive sickness absence leave policy is essential for any organisation. It should provide guidance for management and the workforce on how sick leave should be handled in a fair, consistent and lawful manner and set out parties’ rights and responsibilities.

 

1. Key Components of a Sick Leave Policy

 

A robust sick leave policy should encompass several components to ensure clarity and effectiveness. These include:

 

Table: Sick Leave Policy Components

Component	Description
Reporting Procedures	Steps employees must follow to report sick leave.
Documentation	Required medical evidence for sick leave.
Duration	Length of time employees can take sick leave.
Pay Entitlements	Information on Statutory Sick Pay (SSP) and company sick pay.

 

a. Reporting Procedures

The policy should clearly outline how employees should report their illness, including who to contact, the preferred method of communication (phone, email, etc.), and the timeframe for notifying the employer (e.g., within a certain number of hours after the start of their scheduled shift).

Identify a specific person or department (such as HR) that employees should reach out to when reporting sick. This helps streamline communication and ensures that all notifications are handled consistently.

Include procedures for employees to designate someone who can communicate on their behalf in case they are unable to do so.

 

b. Documentation Requirements

Specify whether employees need to provide a fit note after a certain number of days off (commonly after seven days of continuous absence). Outline any provisions for self-certification for short-term absences, allowing employees to confirm their illness without needing immediate medical documentation. Include any forms or processes required for employees to complete upon returning to work after a period of sick leave, which may include confirming their fitness to return.

 

c. Duration of Sick Leave

Clearly define the length of sick leave employees are entitled to, including any statutory requirements and any enhancements provided by the company (e.g., additional sick leave beyond statutory sick pay).

Discuss policies related to phased returns to work, where employees gradually increase their hours or duties following an extended absence, helping to ease them back into their roles.

 

2. Importance of Communicating the Policy to Employees

 

Effective communication of the sick leave policy is paramount to its success. When employees are fully aware of the policy, they are more likely to adhere to the procedures, which can lead to a smoother management of sick leave cases. Here are some key reasons why communication is vital:

 

a. Clarity and Understanding

A well-communicated policy reduces ambiguity, ensuring that employees understand their rights and responsibilities regarding sick leave. This can help prevent confusion and potential disputes over sick leave entitlements.

 

b. Encouraging Compliance

When employees are informed about the reporting procedures and documentation requirements, they are more likely to comply with the policy, reducing the likelihood of misunderstandings and non-compliance.

 

c. Promoting a Supportive Culture

Open communication about sick leave policies signals to employees that their health and wellbeing are valued by the organisation. This can foster a culture of trust and support, encouraging employees to report illnesses without fear of negative repercussions.

 

d. Regular Policy Reviews

Communicating the policy also provides an opportunity to review and update it regularly, ensuring that it remains relevant and in line with any changes in employment law or organisational needs.

 

e. Training and Resources

Providing training sessions or resources to educate employees about the sick leave policy can further enhance understanding and adherence, ensuring that all staff members are equipped to manage their health-related absences effectively.

 

Section E: Managing Sick Leave Effectively

 

When sick leave is handled well, employees should feel supported, while disruption and absenteeism in the workplace are minimised.

 

1. Best Practices for Handling Sick Leave

 

Managers should be trained to handle sick leave in accordance with the organisation’s policies and wider legal framework:

 

Table: Best Practices for Managing Sick Leave

Best Practice	Description
Clear Communication	Ensure employees understand the sick leave policy.
Regular Check-Ins	Maintain communication with employees on sick leave.
Supportive Environment	Promote employee wellbeing and mental health resources.
Return to Work Plans	Implement structured reintegration processes.

 

a. Establish Clear Protocols

Develop a straightforward and transparent process for employees to notify their employer that they are taking sick leave. This includes specifying how reports should be made, whether they need to be submitted in writing or verbally, and the time frame in which they should notify their employer.

 

b. Be Prompt and Responsive

When an employee reports their absence, respond as quickly as possible. Acknowledge receipt and confirm the details so the employee knows their absence is being taken seriously and managed appropriately.

 

c. Document Everything

Keep detailed records of all sick leave periods and communications. Documentation helps protect both the employer and the employee by ensuring that there is a clear record of events, which can be important in case of disputes or grievances.

 

d. Stay Compliant with Legal Obligations

Ensure that sick leave practices comply with UK employment laws, including Statutory Sick Pay requirements and provisions for employees with disabilities under the Equality Act 2010.

 

2. Contacting Employees on Sick Leave

 

Employers have a duty of care to ensure their employees are supported during periods of illness and are not subjected to undue pressure or stress.

When contacting an employee on sick leave, the focus should be on understanding how they are feeling and offering assistance rather than simply checking when they will return to work.

Employers should agree on the preferred method and frequency of contact at the beginning of the employee’s sick leave. This could involve periodic check-ins via phone, email, or other agreed-upon methods to inquire about the employee’s wellbeing and any updates regarding their health. During these conversations, it’s important to express concern for the employee’s health and not solely focus on their return to work, as this can create unnecessary stress.

Signposting information about any available employee assistance programmes, counselling services, or health resources can also be helpful to aid their recovery and wellbeing.

It’s also important to be mindful of the nature of the employee’s illness. For example, if the employee is dealing with mental health issues, sensitivity and understanding are crucial in communication. Employers should respect the employee’s privacy, avoid asking for excessive details about their condition, and focus on offering support and reassurance.

Create an environment where employees feel comfortable discussing their health status and any concerns they may have about returning to work. Encourage them to express their needs and preferences regarding their transition back to work.

Also, keep employees informed about significant changes in the workplace, such as team changes or organisational news, to help them feel connected and less anxious about returning to work.

 

3. Supporting the Return to Work

 

When an employee returns from time off work sick, it is good practice to schedule a return to work interview. This meeting should focus on their health, any adjustments needed to facilitate their return, and their overall wellbeing. It can help identify any lingering issues and set a positive tone for reintegration.

Consider offering a phased return to work option, allowing employees to gradually increase their hours and responsibilities. This can ease the transition and help employees adjust back to their regular workload while still managing their health.

Be open to making reasonable adjustments in the workplace to support employees who may still be managing their health issues. This might include modifying duties, providing flexible working arrangements, or altering the work environment.

After an employee has returned to work, continue to monitor their wellbeing. Regularly check in to see how they are coping with their workload and if any additional support is needed. This ongoing support demonstrates the organisation’s commitment to employee health and wellbeing.

 

Section F: Dealing with Frequent Sick Leave

 

Managing frequent sick leave can be one of the more challenging aspects of employee management for employers. High levels of absenteeism can disrupt team dynamics, impact productivity, and strain resources.

Effective absence management incorporates absence monitoring and record-keeping to enable the employer to identify and act on patterns of absenteeism and take appropriate steps to address the issue while remaining compliant with legal obligations.

 

1. Identifying Patterns of Absenteeism

 

Employers should maintain accurate records of employee attendance, including sick leave dates, durations, and frequencies. Absence and attendance management systems help streamline this process and make it easier to analyse data over time.

 

a. Recognising Absenteeism Trends

Look for trends in absenteeism, such as:

 

i. Frequency: How often an employee takes sick leave within a specific time frame (e.g., monthly or quarterly).

ii. Duration: The length of time taken off during each absence. Frequent short-term absences may indicate underlying health issues.

iii. Timing: Pay attention to whether sick leave tends to occur around weekends or holidays, which might suggest issues with workload or workplace culture.

 

b. Consideration of Context

While patterns are essential to identify, it’s crucial to consider the context. For example, an employee may have a chronic health condition that requires regular absences. Engaging in conversations with the employee can provide insight into any underlying issues affecting their attendance.

 

c. Comparing with Team Norms

Assess how an employee’s absenteeism compares to the norms within their team or department. This comparison can help identify whether the absenteeism is an isolated issue or indicative of broader team dynamics.

 

2. Steps to Address Frequent Sick Leave

 

If you are concerned about an employee’s attendance record, schedule a private meeting with the employee to discuss the issue. Approach the conversation with empathy and an open mind, allowing the employee to share any challenges they may be facing.

During the meeting, aim to understand the reasons behind the frequent sick leave. This may involve discussing any health issues, workplace stressors, or personal challenges that could be impacting their ability to attend work regularly.

Collaborate with the employee to identify potential solutions. This could include flexible working arrangements, adjustments to their workload, or access to health resources or counselling services.

If absenteeism persists despite discussions and accommodations, consider implementing a formal monitoring plan. This plan should clearly outline expectations regarding attendance, the support available, and the consequences of continued absenteeism.

Promote a culture of health and wellbeing in the workplace by offering wellness programmes, mental health resources, and opportunities for employees to discuss their health needs openly.

Keep detailed records of all discussions, agreements, and action plans related to the employee’s sick leave. Documentation is essential for maintaining transparency and can be crucial if further action needs to be taken later.

 

3. Legal Considerations When Managing Persistent Absenteeism

 

Ensure that any actions taken regarding frequent sick leave comply with UK employment laws, including the Employment Rights Act 1996 and the Equality Act 2010. This is especially important if the absenteeism may be related to a disability or long-term health condition.

Be cautious to avoid discriminatory practices when addressing absenteeism. If an employee’s frequent sick leave is linked to a disability, employers must consider reasonable adjustments and ensure that any actions taken do not disproportionately affect them.

Maintaining comprehensive documentation of all attendance-related discussions and actions is vital. This ensures that employers can demonstrate a fair process if any disputes arise. It also helps protect against potential claims of unfair dismissal or discrimination.

If absenteeism continues to be a problem, consider implementing disciplinary procedures. However, it is crucial to follow a fair and transparent process, providing the employee with opportunities to respond to concerns before any final decisions are made.

In complex cases, particularly those involving potential disability discrimination or long-term health issues, seeking legal advice or consulting with HR professionals is advisable.

 

Section G: Managing Long Term Sick Leave

 

Long-term sick leave generally refers to absences that extend beyond four consecutive weeks, often due to serious health issues, chronic conditions, or recovery from surgery.

Managing long-term sick leave presents unique challenges for employers, as it requires a careful balance between supporting the employee’s recovery, fulfilling legal obligations and avoiding operational disruption.

Employers must handle these situations with sensitivity and ensure compliance with UK employment laws, while also planning for the impact on the business.

 

1. Employer Obligations

When managing long-term sick leave, employers must comply with several key legal frameworks. The Employment Rights Act 1996 outlines the right to Statutory Sick Pay (SSP), which is payable for up to 28 weeks, provided the employee meets the eligibility criteria. Employers are responsible for paying SSP throughout this period, and in many cases, they may offer enhanced sick pay as part of their company policy. After SSP entitlement ends, employees may need to seek other financial support, such as Employment and Support Allowance (ESA).

In addition to SSP, employers need to be aware of their obligations under the Equality Act 2010, particularly if the employee’s illness qualifies as a disability. The Act requires employers to make “reasonable adjustments” to the employee’s role or working environment to accommodate their condition. This might include offering flexible working arrangements, adjusting duties, or providing specialised equipment to support the employee’s return to work.

 

2. Maintaining Communication

Regular, supportive communication should be maintained with employees during long-term sick leave. However, employers must approach this with care, ensuring that contact is non-intrusive and focused on the employee’s wellbeing.

The employer and employee should agree on the preferred frequency and method of communication, which might include occasional phone calls or emails to check on the employee’s health, provide updates on workplace developments and discuss their potential return.

Regular communication also helps the employer stay informed about the employee’s condition, ensuring they are prepared for their return to work or making any necessary adjustments to their duties. It also reassures the employee that they are still valued and supported by the organisation, reducing feelings of isolation or anxiety about returning to work.

 

3. Planning for a Return to Work

The employer and employee should discuss the return to work, and come to an agreement on any specific arrangements that may be needed to facilitate the period of sick leave coming to an end. For example, employers may consider offering a phased return to work, where the employee gradually increases their working hours or duties as their health improves.

A return-to-work interview is generally recommended, allowing the employer to discuss the employee’s health, any concerns they may have, and whether any adjustments are needed. This is also an opportunity to revisit any medical advice provided by the employee’s doctor or occupational health specialist, ensuring the return is manageable and supportive.

In cases where the employee’s condition is ongoing, it may be necessary to make permanent changes to their role. Employers must be flexible and consider reasonable adjustments that will allow the employee to continue working without compromising their health. If the employee is unable to return to their previous role, redeployment to another suitable position within the company should be explored, where possible.

 

4. Managing the Business Impact

Long-term absences can significantly impact business operations, particularly in small or medium-sized companies. Employers need to plan for how the employee’s workload will be covered during their absence. Temporary cover or redistributing tasks among other team members may be necessary. It’s important to be mindful of the pressure this can place on the remaining workforce and to manage workloads fairly to avoid overburdening others.

Employers should also maintain flexibility in managing long-term sick leave, understanding that recovery times may vary, and an employee’s condition could change unexpectedly. Having contingency plans in place will ensure that the business can continue to function smoothly without compromising the employee’s right to take the time they need to recover.

 

5. Dismissal Due to Long-Term Illness

In some cases, an employee may not be able to return to work due to long-term illness. If all reasonable adjustments have been made and the employee remains unable to fulfil their role, capability dismissal on the grounds of ill health may be considered. However, this should always be treated as a last resort, and employers must follow a fair and transparent process to avoid claims of unfair dismissal or discrimination.

Before making any decision, employers should seek medical advice, consult with the employee, and explore all possible options, such as redeployment or reduced hours. It’s also essential to follow the correct disciplinary or capability procedures, as outlined in the company’s policies and ACAS guidelines.

 

Section H: Summary

 

Sick leave is a fundamental employment right in the UK, ensuring employees can take time off work due to illness while receiving financial support, typically through Statutory Sick Pay (SSP) or company sick pay schemes.

For employers, managing sick leave involves balancing legal compliance, employee wellbeing and operational continuity. One of the key challenges employers face is maintaining productivity while managing absences, especially when sick leave is frequent or long-term. Persistent absenteeism can disrupt workflows and put additional strain on other team members. Employers must also be vigilant in identifying patterns of frequent sick leave and addressing underlying issues, such as workplace stress or long-term health conditions.

Another significant risk is the legal responsibility tied to sick leave management. Employers must comply with UK employment laws, such as the Employment Rights Act 1996 and the Equality Act 2010, ensuring they provide SSP, avoid discrimination, and make reasonable adjustments for employees with disabilities. Mishandling sick leave can lead to legal disputes, claims of unfair dismissal, or accusations of discrimination.

The employer’s duty of care means they must maintain supportive contact with employees during their absence, while being mindful not to add pressure or invade privacy. Managing sick leave effectively requires a clear policy, good communication, and a focus on employee wellbeing to minimise risks and maintain a healthy workforce.

 

Section I: Need Assistance?

 

Absence management is an everyday concern for employers. This means ensuring you have compliant and effective policies and procedures in place, ensuring these are reviewed regularly and implemented consistently and correctly.

For specialist employment law advice on absence management, including specific issues such as sick leave and sick pay, contact us.

 

Section J: Sick Leave FAQs

 

What is Statutory Sick Pay (SSP)?
Statutory Sick Pay (SSP) is the minimum amount an employer must pay eligible employees when they are off work due to illness. It is set by the UK government and paid for up to 28 weeks.

 

Who is eligible for Statutory Sick Pay?
To qualify for SSP, an employee must earn at least £123 per week (as of 2024), have been off sick for four or more consecutive days, and notify their employer according to the company’s reporting procedures.

 

Can I offer more than Statutory Sick Pay?
Employers can offer a company sick pay scheme that provides enhanced pay beyond SSP. This can be a fixed amount or a percentage of an employee’s salary, and the terms should be clearly outlined in the employment contract.

 

How should employees report their sick leave?
Employees should follow the reporting procedures outlined in your company’s sick leave policy. This typically involves notifying a manager or HR within a specified time frame, often on the first day of absence.

 

Do employees need a doctor’s note?
Employees typically do not need a doctor’s note for the first seven days of sick leave, during which they can self-certify. After that, a doctor’s note (fit note) is usually required to confirm their inability to work.

 

What are my legal obligations as an employer regarding sick leave?
Employers must comply with UK laws such as the Employment Rights Act 1996 and the Equality Act 2010. This includes paying SSP to eligible employees, protecting employee rights during sickness, and avoiding discrimination.

 

How should I manage an employee’s return to work?
Consider conducting a return-to-work interview to discuss the employee’s health and any support or adjustments needed. Phased returns can also help employees gradually reintegrate into their roles after a long absence.

 

What can I do if an employee frequently takes sick leave?
Monitor attendance to identify patterns and meet with the employee to discuss any underlying issues. Offering support, such as flexible working or access to wellbeing resources, can often help. If the problem persists, you may need to follow formal absence management procedures.

 

Can I dismiss an employee for frequent or long-term sickness?
Dismissal should be a last resort, and only after following a fair process. You must consider all possible adjustments and alternative solutions first. Dismissing an employee for reasons related to disability without proper consideration could lead to a discrimination claim.

 

What is a phased return to work?
A phased return allows an employee to gradually increase their working hours or duties after a period of illness, helping them adjust back to work while continuing their recovery.

 

Section K: Glossary

 

Term	Definition
Working Time Regulations	UK legislation introduced in 1998 that sets out rules on maximum working hours, rest breaks, and rest periods.
Rest Break	A short break during the working day (minimum 20 minutes) provided to employees working over six hours.
Daily Rest	The minimum rest period of 11 consecutive hours that workers must have between the end of one working day and the start of the next.
Weekly Rest	A minimum of 24 hours of uninterrupted rest each week or 48 hours every fortnight, as required by law.
Compensatory Rest	Rest provided when a worker is unable to take their regular break due to operational needs, given at the earliest possible opportunity.
Young Worker	Workers aged between 16 and 18, who are entitled to additional protections including longer breaks and rest periods.
Health and Safety Executive (HSE)	The UK government agency responsible for enforcing workplace health and safety laws, including those related to work breaks.
Employment Tribunal	A legal body that resolves disputes between employers and employees, including claims about working conditions and entitlements.
Remote Worker	An employee who works from home or outside of the employer’s premises, but is still subject to work break regulations.
Flexible Worker	An employee with a non-standard work schedule who is entitled to rest breaks and periods in line with the Working Time Regulations.
Tachograph	A device used in road transport to record the driving time, breaks, and rest periods of drivers, ensuring compliance with break regulations.
Night Worker	Employees who regularly work at night and are entitled to specific protections, including limits on working hours and regular health assessments.
Compensation Claim	A legal action taken by an employee seeking financial redress for harm or loss caused by an employer’s failure to provide proper breaks or working conditions.
TUC (Trades Union Congress)	The federation of trade unions in the UK that provides guidance on workers’ rights, including entitlements to rest breaks and working hours.
Paid Break	A rest break that is paid by the employer, though not required by law unless specified in the employment contract.

 

Section L: Additional Resources

 

ACAS
https://www.acas.org.uk
ACAS provides comprehensive guidance on employment rights, including sick leave policies and best practices for managing employee absences.

 

GOV.UK – Statutory Sick Pay
https://www.gov.uk/statutory-sick-pay
The official UK government website detailing Statutory Sick Pay, eligibility criteria, and employee rights related to sick leave.

 

CIPD
https://www.cipd.co.uk
The Chartered Institute of Personnel and Development offers resources on employee management, including absence management and wellbeing strategies.

 

Health and Safety Executive (HSE)
https://www.hse.gov.uk
HSE provides guidelines and information on health and safety in the workplace, which can help prevent sickness and support employee wellbeing.

 

NHS – Fit Note Guidance
https://www.nhs.uk/conditions/sick-notes/
Information on the fit note system, including how to obtain and use fit notes to manage sick leave effectively.

 

Mind
https://www.mind.org.uk/workplace/
A mental health charity offering resources and support for promoting mental wellbeing in the workplace and managing mental health-related absences.

 

Equality and Human Rights Commission 

https://www.equalityhumanrights.com
Provides guidance on equality laws, including how to manage sick leave for employees with disabilities and the importance of reasonable adjustments.

 

Citizens Advice
https://www.citizensadvice.org.uk/work/rights-at-work/sick-leave/
Offers information on employee rights regarding sick leave, including what to do if disputes arise.