2025 has seen higher levels of flu infections and hospital admissions compared with this time last year, according to data from the UK Health Security Agency (UKHSA).
With many businesses continuing to experience issues with illness it is important to know your obligations to your employees when they need to take time off work.
What are the rights of your employees to sick leave?
If your employees are off work for seven days or less, they do not need to provide you with proof of sickness.
When they return to work, you can ask them to confirm they’ve been off sick. This is called ‘self-certification’.
How much do I need to pay my employees when they are off sick?
Your employees may be eligible for Statuary Sick Pay (SSP), which is £116.75 a week for up to 28 weeks.
You can offer more if you have a company sick pay scheme, but you cannot offer less.
Your company scheme (which may also be called ‘contractual’ or ‘occupational’ sick pay) must be included in an employment contract.
What if an employee takes a longer period of sick leave?
Employees must give their employer a ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than seven days in a row (including non-working days) and have taken sick leave.
Alternatively, your employees can (with your agreement) use a similar document called an Allied Health Professional (AHP) Health and Work Report.
You can prevent false claims of sickness by ensuring that your business has measures in place that clearly define what is expected of your employees.
Long-term sick leave and holiday
Employees who are off work sick for more than four weeks may be considered long-term sick.
The right to accrue paid annual leave continues while an employee is on sick leave, even if that period exceeds 12 months.
You cannot force your employees to take annual leave when they’re eligible for sick leave.
They must also be permitted to carry over their full holiday entitlement to the following year.
However, employees do not have the right to carry over their holiday entitlement for an indefinite period whilst on extended sickness absence.
You can seek to cap the length of time in which any such holiday entitlement must be taken. Current case law suggests that this period should be limited to a maximum of 18 months.
Dismissing a long-term sick employee
Employee dismissal due to long-term sickness should always be a last resort.
If your employee thinks they have been unfairly dismissed, they could take their case to an employment tribunal.
Make sure you explore all other options fully, such as flexible or part-time work, or asking your employee to do different work (with training if necessary).
Always consult with your employee about when they could return to work and if their health will improve.
Get in touch if your organisation needs guidance on creating fair sick leave policies and procedures for your employees.
