Sickness Absence: Employer Essentials

Sickness absence remains a significant issue for employers across the UK. How you manage sickness absence will be critical to meeting your legal obligations towards your workforce, while ensuring staff wellbeing is supported disruption to the organisation is limited.

The following are the key elements for employers when managing sickness absence.

 

Self-Certification

 

Self-certification covers the first seven calendar days of sickness. During this time, employees are not required to provide medical evidence. Employers can ask for a self-certification form to be completed on the employee’s return. If a form is not available internally, the employee may use HMRC’s SC2 form. After seven days, a fit note must be provided to confirm ongoing incapacity.

 

Statutory Sick Pay (SSP)

 

Statutory Sick Pay, commonly referred to as SSP, is a basic entitlement for qualifying employees who are off work due to illness. The rate of SSP as of April 2025 is £118.75 per week. SSP is payable by employers for up to 28 weeks of sickness, provided the employee meets the qualifying conditions.

Employees must earn at least £125 per week on average before tax to qualify. They must also have been off sick for a minimum of four consecutive days, which can include non-working days. Employers are entitled to operate their own sickness notification procedures, but they must comply with the minimum legal standards. Employees should be informed of what is expected of them when reporting sickness, including deadlines and who to notify. If an employee is off sick for seven days or fewer, they are allowed to self-certify the reason for their absence. If the absence lasts longer than seven consecutive days, the employee must provide a fit note from a doctor or other healthcare professional.

The first three days of absence are unpaid waiting days. Statutory Sick Pay starts from the fourth day of absence unless there has been a previous linked period of absence within the past eight weeks. Linked absences must each last at least four days and be no more than eight weeks apart. Once an employee reaches the 28-week limit for SSP, they may need to apply for government benefits.

Not all employees qualify for SSP. Some categories of workers are excluded, such as those who do not earn enough to meet the earnings threshold. Employees who are already receiving Statutory Maternity Pay will not be eligible for SSP during that period. There are also exclusions based on immigration status, if an individual has no recourse to public funds.

Agency workers may be eligible for SSP provided they meet the same qualifying conditions as permanent employees. Contractual sick pay may not apply unless specifically included in the terms of the engagement. Employers should ensure that all workers, including temporary staff, are informed of their rights and entitlements in relation to sickness.

 

Contractual or Occupational Sick Pay

 

Employers are not required to provide more than the statutory minimum. However, many choose to offer occupational sick pay, which provides enhanced payments during periods of absence. The rules for occupational sick pay are set by the employer and should be outlined clearly in the employment contract or staff handbook. Commonly, employers will pay full pay for a specified period, followed by half pay, before moving onto SSP or unpaid leave. Employers may require a certain length of service before occupational sick pay is provided. A probation period might also apply. Where enhanced sick pay is available, it must be applied consistently and fairly across the workforce to reduce the risk of discrimination claims.

 

Sickness Reporting Procedures

 

Employees should always be made aware of the sickness reporting procedure and what documentation is required. It is good practice to include these details in a written policy that is made available to staff. The policy should cover how and when to report absence, who to contact, the format for self-certification, the process for submitting fit notes, and details of any company sick pay scheme.

 

Disability and Reasonable Adjustments

 

Employers must take care when managing absence related to disability. Under the Equality Act 2010, they are under a legal duty to make reasonable adjustments for disabled employees. If an employee has a condition that meets the definition of a disability, and they are off work as a result, the employer must consider what steps could be taken to support their return. Adjustments might include changes to working hours, amended duties or the provision of special equipment.

If a disabled employee is dismissed for reasons relating to their sickness, the employer must be able to demonstrate that all reasonable steps were taken first, or risk a discrimination claim.

 

Sickness During Pregnancy

 

If an employee is off sick while pregnant, their absence must be recorded separately from other types of sick leave. Pregnancy-related sickness must not be used in a way that disadvantages the employee, such as during redundancy selection or when assessing absence levels.

Where the illness occurs in the final four weeks before the expected week of childbirth, maternity leave may be triggered automatically.

 

Holiday Entitlement During Sick Leave

 

Employees who are off sick continue to accrue annual leave. They can also choose to take holiday while off sick, which must be paid at their usual holiday pay rate. If the employee is unable to take their holiday because of illness, they must be allowed to carry over up to four weeks of unused leave into the next leave year, in order that employees do not lose their statutory entitlement to rest and recovery.

 

Sickness During Annual Leave

 

If an employee becomes sick during a period of booked annual leave, they can ask for their holiday to be reallocated. The time they were unwell can instead be treated as sickness absence and the leave rescheduled. Medical evidence may be required to support such requests. Employers should address this scenario in their sickness and annual leave policies to avoid uncertainty.

 

Contact During Absence

 

Employers can maintain contact with employees during sickness absence. Regular contact is often encouraged by ACAS guidance, provided it is appropriate and does not place pressure on the employee. The purpose of contact should be to provide updates, check on the employee’s wellbeing and support their eventual return to work. Contact arrangements should be discussed with the employee and agreed where possible.

 

Fit Notes and Return to Work

 

A fit note, previously known as a sick note, is issued by a GP or other qualified healthcare professional. It states whether the employee is unfit for work or may be fit for work with certain adjustments. The note is intended to support communication between the employee and employer about what the individual is capable of doing and what support might be required.

The recommendations in a fit note are advisory, not binding. Employers should consider them carefully and decide whether the suggested adjustments can be accommodated. Where they cannot, the employee should remain off work until fit to return.

Some employees may return to work before their fit note expires. Although this is permitted, employers should take care to assess whether a return is appropriate and safe, and a risk assessment may be necessary. If there is uncertainty about whether an employee is ready to return, further medical advice should be obtained, either from the GP or via occupational health.

 

Managing Sickness Concerns and Misconduct

 

Employers should be mindful of the risks involved in challenging sickness absence. Disciplinary action should not be taken lightly and must be based on evidence.

Any allegations of misconduct relating to false sickness claims may lead to dismissal, but only where the process has been fair and proportionate. If an employer suspects an employee is misusing sickness absence, a fair investigation must be carried out. Evidence should be gathered, and the employee should be given the opportunity to present their version of events.

 

Long-Term Sickness Absence

 

Long-term sickness absence is generally defined as a period of four weeks or more. It does not have to be one continuous block of time. Where absences are frequent and linked, they may also fall under this category.

Employers should take a proactive approach to long-term absence, keeping in regular contact with the employee, referring them to occupational health if needed and exploring any support measures that could assist their return.

Medical advice should be sought before any decision is made regarding the employee’s future employment.

 

Dismissal on the Grounds of Sickness

 

An employee can be dismissed while on long-term sick leave, but only where the employer has followed a fair process. The employer must demonstrate that they considered medical evidence, allowed reasonable time for recovery and discussed the matter with the employee.

Where the absence has a significant impact on the business and no suitable adjustments or redeployment options are available, dismissal may be justified. Employers may wish to take professional advice to mitigate legal risks, and ensure to document each step as evidence in the event of a subsequent complaint or claim.

 

Need assistance?

 

Managing sickness absence requires careful planning, up-to-date policies and a consistent approach. Employers should ensure that staff understand their rights and responsibilities and are treated fairly during periods of ill health. For specialist advice, especially when dealing with long-term absence or potential dismissal, contact our employment advisers.

 

Sickness Absence FAQs

 

What is the current rate of Statutory Sick Pay?

As of 6 April 2025, Statutory Sick Pay (SSP) is paid at £118.75 per week for eligible employees. It is payable for up to 28 weeks.

 

Who qualifies for Statutory Sick Pay?

Employees must earn at least £125 per week before tax and be off work sick for four or more consecutive days. SSP starts from the fourth day.

 

Do employees need to provide a fit note for every absence?

No. For sickness lasting seven calendar days or fewer, employees can self-certify. A fit note is only required for absences of more than seven days.

 

What is self-certification?

Self-certification allows an employee to confirm their own sickness for the first seven days of absence without a doctor’s note. Employers may ask for a completed self-certification form upon return to work.

 

Can an employee return to work before their fit note ends?

Yes, but the employer should assess whether the return is safe and appropriate. Medical advice or a risk assessment may be needed to confirm the employee is fit to resume duties.

 

Is sick pay available to agency workers?

Agency workers may be entitled to SSP if they meet the eligibility conditions. Contractual sick pay is only available if specified in their terms of engagement.

 

Do employees accrue holiday while off sick?

Employees continue to accrue statutory holiday entitlement during sickness absence. They may also carry over up to four weeks of untaken leave into the next leave year if they were unable to use it due to illness.

 

Can sick leave be reclassified as annual leave if an employee is unwell during a holiday?

If an employee falls ill during a period of annual leave, they can ask to have those days treated as sick leave instead. Employers may request medical evidence to support this.

 

Can a pregnant employee be put on maternity leave early due to illness?

If a pregnancy-related illness occurs within four weeks of the due date, the employer can start maternity leave automatically. Pregnancy-related sickness must be treated separately from other absence.

 

Is it legal for employers to contact staff on sick leave?

Employers are encouraged to maintain regular and reasonable contact with employees during sick leave. The purpose should be to check on their wellbeing, offer support and discuss a return to work, although it should be appropriate in the circumstances and not onerous.

 

Can someone be dismissed while on long-term sick leave?

Yes, but only if the employer has followed a fair process. They must allow time for recovery, obtain medical advice, consider reasonable adjustments, and consult with the employee before deciding.

 

What happens when Statutory Sick Pay ends?

Once the 28-week entitlement is exhausted, employees may need to apply for other forms of government support. Employers should issue form SSP1 to enable this.

 

Glossary

 

Term	Definition
Statutory Sick Pay (SSP)	The minimum amount employers must pay eligible employees who are off work due to illness, currently £118.75 per week (as of 6 April 2025).
Occupational Sick Pay	Enhanced sick pay offered by an employer, based on the terms set out in the employee’s contract or company policy.
Fit Note	A statement from a GP or healthcare professional outlining whether an employee is fit for work and any recommendations for adjustments.
Self-Certification	A process allowing employees to confirm the reason for their sickness absence without medical evidence for the first 7 calendar days.
Waiting Days	The first three days of absence, during which SSP is not payable, unless the absence is linked to a recent previous period.
Linked Absences	Separate absences that are at least four days long and occur within eight weeks of each other, treated as one period for SSP purposes.
Reasonable Adjustments	Changes an employer is required to make to support an employee with a disability, under the Equality Act 2010.
Long-Term Sickness Absence	Sickness absence lasting four weeks or more, either continuously or through linked periods.
Occupational Health	A specialist service used by employers to assess an employee’s ability to work and recommend support or adjustments.
Employment and Support Allowance (ESA)	A government benefit available to people who are unable to work due to illness or disability after SSP ends.
Disability Discrimination	Unfair treatment of an employee due to a disability, which is unlawful under the Equality Act 2010.
Annual Leave During Sickness	Holiday entitlement continues to accrue during sickness absence and may be carried over to the following leave year.
Sickness During Holiday	Employees who fall ill while on annual leave may request that their leave be reallocated as sickness absence.
Agency Worker	A worker engaged through an agency, who may be entitled to SSP if qualifying conditions are met.
Dismissal for Sickness	Ending an employee’s contract due to their inability to work from illness, which must be handled fairly and with medical evidence.