If you fall ill, you are entitled to take time away from work to recover. There are a number of rules, regulations and contractual considerations covering employee sickness rights at work and we regularly receive queries from workers regarding their entitlements and obligations during sick leave.
In the unfortunate event that you do fall ill and need to take time of work, it is essential that you are aware of your rights.
Sickness rights at work
How should I report in sick?
It is important that you report your illness to work in advance of your start time/shift. There may be a specific policy within your contract or handbook setting a deadline and designated person who you should call.
In the absence of that we would suggest you personally (not your family member unless in exceptional circumstances) contact your line manager or HR Manager by telephone and follow it up with an email if you have been unable to speak to anybody. You should make an effort to keep work informed of your progress.
What about time off for medical appointments?
Your employer might allow time off work for visits to the GP or dentist but they are not legally obliged to do so unless your contract of employment says so. They can require that you attend these appointments outside of work hours, take holiday leave or make the time up later on.
You should check your contract of employment/work absence policy to see what rights you have to take time off for medical appointments and plan appointments in advance with your employer’s approval.
When do I need to produce a GP note?
If you are off work for seven days or more, then you will need to supply your employer with a GP’s fit note as evidence of your illness. For absences of seven days or less you can self-certify and your employer may ask you to complete a self-certification form upon your return to work.
Am I entitled to pay during sick leave?
If you are employed and earn at least £118 per week and have been off work for four consecutive days, you should be entitled to Statutory Sick Pay (SSP). The current rate of SSP is £94.25 per week and this can be paid for up to a maximum of 28 weeks for the days on which you usually work (‘qualifying days’).
It is up to your employer (and often set out in your contract) whether they pay more than SSP and if they do, on what basis. Payment of full or half pay during sick leave might depend on whether you have passed your probationary service for example. Although there is freedom on the employer’s part in this respect, they should adopt a fair approach to each case when exercising discretion. If your employer is in the habit of paying full sick pay during absences but you suspect you are unfairly excluded due to discriminatory reasons then your employer may be disregarding the law.
Should my employer contact me during sick leave?
There is no rule that says your employer cannot contact you during a period of sick leave. Many employers genuinely care about the welfare of their staff and like to stay in touch on that basis and keep up to date on the likely period of absence so that they can plan workflow and cover accordingly.
However, contact should be handled sensitively particularly where someone is suffering from mental health problems or work related stress and might find regular contact from their employer distressing. It is a good idea to seek to agree on a level of contact during sick leave that is acceptable to both parties where possible. If you feel that your employer is overstepping the mark or hindering your recovery through their actions you should seek advice.
Can my employer discipline me while I am off sick?
It is permissible for an employer to seek to progress disciplinary proceedings during a sickness absence. However, employers should act fairly and reasonably and follow their own procedures. If it is a short term absence, in most cases, it would be reasonable for the employer to postpone the proceedings until the employee has returned to work.
With longer term absences, the problem is not going to go away and sometimes the issue the employer is investigating will need resolution. You may need to involve your GP at that stage if you need support in liaising with your employer on your fitness to attend meetings or otherwise. If your employer insists on a meeting going ahead in your absence when you are not fit to attend, you could ask to make written submissions instead.
My employer is responsible for my sick leave – does that change the way that they should deal with me?
In short, no. But an employer should handle all sickness related absences and issues fairly and consistently. Where you are suffering work related stress or suffered a personal injury at work for which the employer accepts some responsibility, they might opt to pay you more favourably or permit you a longer recovery time but are not legally obliged to.
If you have a disability and are unable to attend work because your employer has unreasonably failed to make a reasonable adjustment that would assist you in performing your role then this would amount to disability discrimination.
Want to know more about sickness rights at work?
For further information in relation to employee sickness rights at work or any related subjects, please contact a member of our expert Employment Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.