Holiday Sickness and Leave

Managing employee time off is a daily concern for employers. Whether the absence relates to authorised annual leave, long-term sickness absence or is due to unplanned or unforeseen circumstances, employers must handle employee absences lawfully, fairly and consistently to avoid legal complaints and damage to workforce morale.

 

Section A: Holiday Entitlement

 

Holiday entitlement is a basic employment right that ensures employees can take time off work to rest and recharge. In the UK, statutory regulations outline the minimum annual leave entitlement and how it should be calculated. To attract and retain talent, many employers offer enhanced holiday entitlement as part of their employment contracts.

Under the Working Time Regulations 1998, all employees are entitled to a minimum of 5.6 weeks of paid holiday per year. For full-time employees, this typically amounts to 28 days of paid holiday per year, including public holidays, if the employer includes them as part of the statutory entitlement.

For part-time employees, entitlement is calculated on a pro-rata basis. For example, an employee working three days a week would be entitled to 16.8 days of paid holiday (3 days x 5.6 weeks).

Employers cannot deny this statutory holiday entitlement or replace it with a payment in lieu, except when an employee leaves the job.

Employers do, however, have the right to determine when holidays can be taken, but they must provide adequate notice and respect the employee’s need for rest and recuperation.

 

Section B: Holiday Entitlement for Irregular Hours and Part-Year Workers

 

Employers must ensure that workers with irregular hours or part-year contracts receive fair holiday entitlements. UK law requires holiday entitlement to be calculated on a pro-rata basis, reflecting the hours or days worked.

For irregular hours workers, holiday entitlement often accrues as a percentage of hours worked, typically calculated at 12.07% to reflect the statutory 5.6 weeks’ annual leave.

Employers should maintain accurate records of hours worked to ensure correct holiday pay calculations.

 

Section C: Sick Leave

 

Managing sickness absence is essential for supporting employees while maintaining workplace productivity. Employers should have clear policies for managing sickness absence, including procedures for handling illness at work, managing long-term sickness absences and supporting the return to work.

Accurate records of sick leave, including dates of absence and any Statutory Sick Pay (SSP) paid, are essential for compliance and for identifying patterns or issues related to absenteeism. When an employee is ready to return to work, employers should conduct a return-to-work interview. Terminating employment due to illness should be a last resort after exploring all other options.

 

Section D: Sick Pay

 

Statutory Sick Pay (SSP) is a legal requirement in the UK, ensuring that employees receive a minimum level of pay when they cannot work due to illness. To be eligible for SSP, employees must meet certain criteria, including being classified as an employee, having done some work for their employer, and earning an average of at least £123 per week (as of April 2024).

SSP is not payable for the first three days of sickness absence, known as waiting days unless the employee has been sick within the last eight weeks and received SSP during that time.

 

Section E: Fit Notes

 

Employees can self-certify sickness for up to seven days. For longer absences, they will need a fit note from a GP or another authorised healthcare professional as evidence of their ability, or incapacity, to work and may include recommendations for a phased return or adjustments needed.

Employers must accept fit notes as evidence of an employee’s illness and follow any recommendations provided. Employers should keep accurate records of all fit notes and related correspondence. SSP or any contractual sick pay should also be processed accurately and promptly, where the employee is eligible.

Employees have the right to privacy regarding their medical condition. Employers should handle fit notes confidentially and share information only on a need-to-know basis. Employees should be supported in their return to work, following the recommendations on the fit note.

 

Section F: Doctor’s Report About an Employee’s Health

 

When managing employee health issues, employers may need additional medical information. Requesting a doctor’s report about an employee’s health can only be done with the employee’s consent, following strict legal requirements to protect privacy and rights under the Access to Medical Reports Act 1988. This means the employer needs written consent from the employee before requesting a medical report. Employees have the right to refuse the request, though this may limit the employer’s ability to make informed decisions.

Medical reports must be handled confidentially and stored securely. Information from the report should only be used for its intended purpose.

 

Section G: Time Off for Medical Appointments

 

Employees may need time off for medical appointments. While there is no general legal requirement in UK law for paid time off for medical appointments, best practices and specific laws, such as the Equality Act 2010, guide employers.

For example, by law, employers must make reasonable adjustments for disabled employees, which can include time off for medical appointments related to their disability, while pregnant employees have a statutory right to paid time off for antenatal appointments.

Employers should establish clear procedures for requesting time off for medical appointments and may request proof of appointments. Flexible working arrangements may also be offered to accommodate these needs.

 

Section H: Covid Advice for Employers

 

The Covid-19 pandemic introduced unique workplace challenges. Employers should update their policies to reflect these new realities, providing clear instructions for health safety and operational continuity.

 

Section I: Time Off for Dependants

 

Under the Employment Rights Act 1996, employees are entitled to a reasonable amount of unpaid time off to handle emergencies involving dependants. This provision ensures employees can manage personal emergencies without fear of dismissal or disciplinary action.

Employers must allow employees to take time off for dependants and treat these requests fairly. Employees should inform their employer as soon as possible about their need for time off, including the reason and expected duration.

 

Section J: Time Off Work for Bereavement

 

Bereavement leave, or compassionate leave, allows employees to take time off following the death of a close family member or dependant.

There is no general statutory right to paid time off following bereavement, except under the Parental Bereavement (Leave and Pay) Act 2018, which entitles parents to two weeks of paid leave if they lose a child under 18 or suffer a stillbirth after 24 weeks of pregnancy.

Many employers offer bereavement leave as part of their company policies, as such, the length and pay associated with bereavement leave can vary depending on the employer.

Employers should have a clear bereavement policy stating the terms of any entitlement to time off following the death of a loved one – for example, will this time be paid or unpaid – and handle such requests with sensitivity and compassion. Employees should inform their employer as soon as possible about their need for bereavement leave. Employers may request reasonable proof of bereavement.

 

Section K: Time Off Work for Parents

 

Parental leave includes maternity, paternity, adoption, and shared parental leave, each with specific eligibility criteria and entitlements, ensuring parents can balance work and family responsibilities.

Employees who are eligible for maternity leave are entitled to take up to 52 weeks off, with Statutory Maternity Pay (SMP) available for up to 39 weeks during this period. Fathers or partners who meet the eligibility criteria can take up to two weeks of paternity leave within 56 days following the birth of a child or the placement of a child for adoption, and they will receive Statutory Paternity Pay (SPP) during this time. Adoptive parents have similar entitlements to leave and pay as birth parents, ensuring they are supported throughout the adoption process. For those with at least one year of continuous service, up to 18 weeks of unpaid parental leave can be taken for each child under the age of 18.

 

Section L: Carers’ Leave

 

The Carers’ Leave Act, effective from 6 April 2024, grants employees providing long-term care for dependants the right to take one week of unpaid carers’ leave per year. This leave can be taken in full or split into half or full days throughout the year.

To request carers’ leave, employees must give at least three days’ notice for planned leave requests. Employers cannot unreasonably refuse a request for carers’ leave and must handle requests fairly.

 

Section M: Supporting Disabled People at Work

 

Under the Equality Act 2010, employers must support employees with qualifying disabilities by making reasonable adjustments to remove or reduce disadvantages.

Depending on factors such as the individual’s disability, their role and the workplace environment, reasonable adjustments could include modifying workstations or adjusting work hours.

Employers can promote a culture of inclusivity by providing disability awareness training and promoting an inclusive environment. Employers must also ensure all employment practices are free from discrimination.

 

Section N: Keeping in Touch During Absence

 

Employers remain responsible for employees’ wellbeing while they are off work ill. As such, it will be important to keep in touch with the employee during the period of sickness absence. However, while employers should establish regular contact, they should also respect the employees’ privacy. In practice, this means agreeing on a suitable frequency and method of communication with the absent employee. Employers should also keep records of all communications with the absent employee.

Employers should also offer access to support services to help employees manage their health and prepare for their return to work, but they should not pressure them to return to work prematurely.

 

Section O: Returning to Work After Absence

 

Employers must handle the return to work process carefully, including conducting return-to-work interviews, making necessary adjustments, and maintaining clear communication.

Return to work interviews help assess the employee’s readiness to return and identify any ongoing health concerns.

This will involve good communication between the employer and employee to address any concerns and facilitate a smooth reintegration.

Employers should provide access to support services to assist employees in managing their return to work, and they may need to make reasonable adjustments to support the returning employee.

 

Section P: Absence Policies

 

Employers should have clear absence policies detailing how different types of absences are managed, including sick leave, annual leave, and bereavement leave.

The policy documents should set out clear procedures for reporting absences and managing long-term absences, and this should be communicated to the workforce and be easily accessible by all employees.

Importantly, absence policies must be applied consistently across the organisation.

 

Section Q: Managing Sickness Absence

 

Effectively managing sickness absence is essential for maintaining productivity and supporting employee wellbeing.

Employers should have in place a sickness absence policy, detailing the procedures for reporting and guidelines for the return-to-work process. Eligible employees should be paid their entitlement of Statutory Sick Pay (SSP) promptly, and accurate records of all absences, along with any supporting medical documentation, should be maintained.

When an employee returns to work after a periof of sickness absence, there should be a return to work interview to assess their readiness to resume duties and to discuss any necessary adjustments is recommended. Consideration should also be given to making reasonable adjustments for employees who have long-term health conditions or disabilities.

 

Section R: Unauthorised Absence and Lateness

 

Unauthorised absence and lateness must be managed effectively to maintain workplace discipline.

Employers should establish policies that outline the expectations regarding attendance and punctuality within the workplace. Accurate records should be maintained to document any instances of unauthorised absence and lateness, and when such issues arise, they should be addressed promptly through direct communication with the employee involved.

In cases of repeated unauthorised absences and lateness, a fair and consistent disciplinary process should be followed. Consideration should also be given to any underlying issues that may be contributing to these behaviours, and appropriate support and reasonable adjustments should be offered as necessary.

 

Section S: Disruption Getting to Work

 

Travel disruptions, extreme weather, and other issues can affect an employee’s ability to get to work. Employers should have policies in place to manage such situations, for example, clarifying whether employees will be paid for time missed due to disruptions. Employee safety should, however, be a priority during disruptions.

Flexible working arrangements could be considered during disruptions to balance workforce safety and operational disruption. Employers should, however, communicate clearly about any disruptions and their impact on work arrangements.

 

Section T: Absence Trigger Points

 

Absence trigger points are thresholds set by employers to identify and manage frequent or prolonged employee absences.

Employers should establish clear absence management policies with defined trigger points and monitor attendance to identify when trigger points are reached. Employees have the right to be informed about absence policies and trigger points, and to have a fair discussion about their absences.