What is sick leave?
Sick leave forms an essential part of employment rights in the United Kingdom, ensuring that employees are supported when they are unwell and unable to work. Whether you are an employer or an employee, understanding the regulations surrounding sick leave is important. This article will provide a brief overview of sick leave policies in the UK.
What is Statutory Sick Pay (SSP)?
Statutory Sick Pay (SSP) is the minimum amount of payment that employers must provide to employees who are unable to work due to illness. As of 08th May 2024, the SSP rate is £116.75 per week, and it is paid for up to 28 weeks.
What are the eligibility criteria to get SSP?
Employees must:
Be classified as an employee
Earn at least £123 per week on average
Be sick for at least 3 days consecutive days
Employers are obligated to provide SSP to eligible employees, and they can reclaim some or all of the SSP paid from the government.
What are the exceptions to eligibility?
Employees will not qualify if they:
· have received the maximum amount of SSP (28 weeks)
· are getting Statutory Maternity Pay
Employees can still qualify if they started their job recently and have not received 8 weeks’ pay yet.
What are linked periods of sickness?
If an employee has regular periods of sickness, they may count as ‘linked.’ To be linked, the periods must:
· last more than 3 days in a row
· be 8 weeks or less apart
Employees are no longer eligible for SSP if they have a continuous series of linked periods that lasts more than 3 years.
What is a Company Sick Pay Policy?
Many employers offer sick pay schemes that are more generous than SSP. These policies may provide higher pay rates and longer durations of sick leave. Company sick pay policies vary widely among employers, so it’s essential for employees to familiarize themselves with their employer’s specific policy.
What evidence of Illness needs to be provided to get SSP?
Employers have the right to request evidence of illness, such as a doctor’s ‘fit note,’ if an employee is absent from work due to sickness for more than 7 consecutive days including non-working days.
Who can provide a Fit Note (often called Sick Note)?
Fit notes may be provided by any of the following healthcare professionals:
· GP or hospital doctor
· registered nurse
· occupational therapist
· pharmacist
· physiotherapist
The note can be printed or digital.
In some cases, employers may request a similar document from a physiotherapist, podiatrist, or occupational therapist instead of a fit note. This is called an Allied Health Professional (AHP) Health and Work Report.
What is a Return-to-Work Interview?
Some employers conduct return-to-work interviews when employees return from sick leave. These interviews serve to welcome the employee back, discuss any support they may need, and ensure a smooth transition back to work.
How do companies manage Long-Term Sickness Absence?
If an employee’s sickness absence becomes long-term, employers should engage in supportive measures to facilitate the employee’s return to work. This may involve adjustments to the workplace, phased returns, or referral to occupational health services.
What are Employee Rights and Protections concerning Sickness?
Employees have certain rights and protections regarding sick leave, including protection from dismissal due to illness and the right to request flexible working arrangements, including remote work, if they have a long-term health condition.
What records should companies Keep?
Employers are required to keep records of employees’ sickness absence, including the dates of absence, reasons for absence, and any communications related to sickness absence. This information helps track patterns of sickness absence and ensures compliance with legal requirements.
Where to find help to write your company Sick Leave Policy?
Sick leave policies play a crucial role in supporting employees’ well-being and maintaining a productive workforce. By understanding the regulations and best practices surrounding sick leave in the UK, both employers and employees can navigate sickness absence effectively, ensuring fair treatment and support for all parties involved.
At Rico HR, our team of HR professionals are on hand to help support you with ad hoc advice or more detailed writing of policy. Contact us if you would like to know more.
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