Invitation to attend meeting to discuss sickness absence

This letter is to send to a staff member whose sickness absence is significant enough to warrant formal action. If an informal discussion is not effective, you should meet with the staff member to formally discuss his sickness absence record. This letter is an invitation to such a meeting to discuss sickness absence and decide a way forward for the staff member concerned. You can also purchase this letter as part of the Disciplinary toolkit .
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COVID-19 policy

You may choose to use this COVID-19 policy to explain to staff the steps you are taking to protect them from COVID-19. You can find further guidance about working safely during COVID-19 at Health and safety at work in relation to coronavirus . This COVID-19 policy includes policies on: Coronavirus symptoms and staying home; Working from home; Travel to and from work; Hygiene and cleanliness; and Meetings, customers and visitors to the workplace. It also includes optional policies, which can be added or removed depending on your business' activities. These include sections on: Work vehicles; Food delivery, preparation and sale; Retail; and Working in someone's home. The template policy can be customised depending on your business, but read the completed document carefully to make sure you don't need to add or change anything depending on your business requirements.
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Sickness absence
Dealing with sickness absence
Q1:What obligations do I have towards staff members who are sick?

Most members are entitled to be absent from work when they are sick, and as an , you have certain obligations to help ensure that they are able to rest and recover from their illness and return to work at an appropriate time and in an appropriate manner.

Your key obligations are:

  1. to ensure that provisions about entitlement to and leave are set out in ' and ' contracts (see Employment contracts or Contracts for casual workers for more information);

  2. to follow an appropriate procedure when you become aware that a member is absent because of sickness (see Q&A 2 and following and Staff handbook and policies for a template policy);

  3. to pay those members who are entitled to it during their sickness absence (see Q&A 29 and following);

  4. in appropriate cases, to follow a return to work procedure once the member of returns (see Q&A 18);

  5. to deal fairly with who are frequently sick (see Q&A 20) or who are on long-term sick leave (see Q&A 44); and

  6. to consider reasonable adjustments for members who have a , to enable them to continue working for you (see Q&A 47 and following).


Q2:Which staff are entitled to sick leave?

All , , and apprentices are entitled to time off work when they are too sick to perform their job.


Q3:What can I do if my agency worker is sick?

are entitled to time off work when they are too sick to perform their job.

Dealing with this will usually be the responsibility of the agency that supplied them to you (since in most cases, your contract is with the agency rather than with the direct, and the is employed by the agency); in practice, you will need to liaise with the agency about how to deal with the absence and check your contract with the agency to see whether there is a requirement for the agency to provide you with a replacement.


Q4:Are freelancers entitled to time off work when they are sick?

No; self-employed are not entitled to sick leave, so any arrangements about what happens when such are sick will need to be agreed between you and the .

See Freelancers (self-employed staff) for more information about the practicalities of using .


Q5:Does sickness absence cover physical illness only or do I have to allow my staff time off for injuries, mental illness etc?

Sickness can include a physical illness such as flu, a mental illness such as depression or a physical such as a broken arm. See Q&A 12 for further information about when you can require an to provide medical evidence of their illness.

Clearly, the extent to which a particular type of sickness will affect your member's ability to do their job will depend on the type of job they have. This will be a judgement call and will often need to be handled sensitively; see Q&A 11 for further information about how to handle discussions with members about whether some work could be done.


Q6:What obligations do I have towards staff who are unable to come to work due to coronavirus?

There is no legal requirement for individuals who have tested positive for COVID-19 (or who have any of the main COVID-19 symptoms) to self-isolate, however people with COVID-19 symptoms are still encouraged to stay at home and avoid contact with other people until they no longer have a high temperature or until they no longer feel unwell. The rules may be different in Wales and you should keep up-to-date with the latest Government guidance.

Individuals who live with, or who have stayed overnight in the same household as, someone who has tested positive for COVID-19 are encouraged to limit close contact with people outside their household and avoid contact with individuals who are at a higher risk of becoming severely unwell with COVID-19.

Although there is no legal requirement for self-isolation, as an , you still have obligations to keep your safe and you should carefully consider what measures are appropriate for your workplace as part of your health and safety . In light of Government guidance, where possible you should consider facilitating who have been advised to avoid close contact with others (eg because they have tested positive for COVID-19 or because they live in the same household as someone who has) to work from home. who are self-isolating at home are no longer eligible for (unless they are actually unwell); see Q&A 33 for further guidance.

You should communicate clearly with your about what your business's policy is when test positive for COVID-19, including what they will be paid if you will not permit them to come into the workplace but they cannot work from home (unless they are unwell, in which case your usual sickness absence policies and procedures should apply). You should take specific legal advice if you will not be paying your their full pay during any voluntary self-isolation as you could risk legal claims (eg for or unlawful deduction from wages). For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. To enable you to put in place appropriate health and safety measures for your workplace, you should keep up to date with the latest Government guidance for individuals who have coronavirus. See Health and safety when returning to work during coronavirus for further guidance about your health and safety responsibilities.

If your member is unwell because they have tested positive for COVID-19, they have been diagnosed with 'long COVID' or because they have coronavirus symptoms, then your usual sickness absence procedures will apply (see Q&A 1 for further information). These may be eligible for (see Q&A 33). See Q&A 45 for further guidance about how to deal with who are on sick leave due to long COVID.

Note that if your member was previously advised to shield due to having been identified as clinically extremely vulnerable to coronavirus, formal shielding guidance has ended. These can attend the workplace, however remember that as an you still have obligations to keep your safe and you may wish to consider the needs of who are at greater risk from COVID-19. For example, you might consider permitting such to continue working from home and/or you might consider introducing additional measures such as workplace COVID-19 testing. For further guidance about protecting who are at higher risk from COVID-19, see Health and safety when returning to work during coronavirus.

See Health and safety when returning to work during coronavirus for guidance about how to re-open your workplace safely. For a template COVID-19 policy setting out your workplace's risk controls when reopening your workplace, see COVID-19 policy.


Q7:What records should I keep about sickness absence?

Whilst you are not obliged to keep any records about sickness absence or , it is sensible to do so in order to help you monitor any regular patterns of absence among your and thus spot any underlying issues; for example, who are often off sick on Mondays (and thus may be taking illegitimate sick leave) or who are frequently off work with an injury after a period of manual labour. It is very important that all records you keep are stored securely and only for as long as necessary in accordance with your obligations. Be careful when deciding what information you gather and records you keep about your members' health. Health records are , so you have enhanced legal obligations when dealing with them. For further information about this, see Records and staff data.

See Q&A 20 for information about managing frequent sickness absence and Q&A 17 for information about what to do where you suspect an is not telling the truth about sickness.

See Q&A 29 for information about payment during sickness absence.


Q8:When must a staff member notify me if they are too sick to come into work?

If you do not have a specific policy in place, members are legally obliged to notify you of sickness absence in writing within seven days (including non-working days) of being absent from work.

However, you can require your to notify you earlier than this and it is perfectly legitimate and common practice for a business to specify that must contact a particular person by a certain time on the first day of absence via telephone, rather than text message or email. This can help you be satisfied that sickness absences are genuine and should discourage from using non-genuine sickness as an excuse to take time off work (see Q&A 17 for further information about what you can do if you suspect this). If you have such a rule, you must make your aware of it, usually by setting it out in your sickness policy within your ; see Staff handbook for more information and Staff handbook and policies for a template policy you can use.

Once you make contact with a member, you should seek to establish:

  1. the reason for the absence;

  2. how long the member expects to be off and if more than a few days, how and when they wish you to keep in contact with them about their return date; and

  3. whether there is anything they are working on that needs covering/dealing with in their absence.

For information about what to do if a member does not contact you to explain his absence, see Q&A 10.


Q9:Can I require a staff member to telephone to report a sickness absence rather than send an email or text?

Yes; this is common practice. You must clearly specify this, as well as any other conditions you have for reporting sickness absence, in your sickness absence policy which is usually set out in your . See HR policies for more information and Staff handbook and policies for a template policy you can use.

Note that you cannot require your to notify you of sickness absence in person or to use a printed form or other document you provide in order to notify you.

If a member fails to notify you of their absence in the way you have specified (for example, they email rather than call you), you should first raise this with them informally in order to ensure they are aware of your policy. If their behaviour continues without good reason, this may be treated as a disciplinary matter, particularly if you are concerned that the member is not being truthful about their sickness; see Q&A 17 for information about what to do in this situation and Taking disciplinary action for guidance about taking disciplinary action.


Q10:What should I do if my staff member is absent but has not contacted me to say this is because of sickness or for another reason?

If you have a procedure in place which gives a time limit for notification of absence, your member must contact you to notify you of their absence by the specified time. If you have not set a procedure, the default time limit for notification is seven days (including non-working days) after the first day of absence.

If a member is absent and has not contacted you, you should try to contact them, generally within the first few hours of their usual start time; you should keep a record of your attempts. Usually, you will hear from the member or otherwise be able to pin down the cause of absence within a reasonable time period. However, bear in mind that there may be situations where it is not possible for a member to notify you within the relevant timescale; an obvious one being where they are seriously ill in hospital. If your member has good reason, they can give notice up to a month after the first day of absence or as soon as practicable after that (up to a maximum limit of 91 days).

If you do not receive a notification within the correct time period, you are allowed to stop paying the from the day on which notice was due but not received. However, because of the longer time limit for notification referred to above, you must be sure that there is not a good reason for the lack of notification before you decide to withhold payment.

If a member fails to turn up for work and does not have an acceptable reason, you may also need to treat this as a disciplinary matter; see Taking disciplinary action for information about this and Staff handbook and policies for a template disciplinary procedure.

See HR policies for further information about setting policies and procedures to deal with sickness absence and Staff handbook and policies for a template policy you can use.


Q11:Am I allowed to ask my staff member to do limited work or work from home if they are sick?

Where a member is too sick to perform any of their duties, they must be allowed to take a complete break from work until they recover. Equally, for operational reasons it is often advisable that members who are sick do not attend work to avoid passing any illness to other members.

However, sickness can include physical illnesses as well as mental illnesses such as depression or physical disabilities such a broken limb. There may be circumstances in which a member's sickness does not render them entirely incapable of working, and if they are capable of doing some work, you are theoretically entitled to refuse to allow them time off and could require them to do what they are capable of. There may be cases where this is clearly feasible and can be easily agreed with a member of . For example, an IT support who has broken their leg and cannot travel into the office may still (after a reasonable initial period of recovery) be capable of offering remote IT support from home.

In other cases the decision will be more difficult and you should generally try to avoid disagreeing with a member about whether they are or are not capable of working for you. This is particularly important in the case of , who may potentially bring claims; they could potentially claim that you have their contract by refusing to allow them time off, and in extreme cases resign and claim that they were forced to do so as a result of your conduct, in which case they may be entitled to bring a claim for against you (see Process for dismissing an employee for further information on who is eligible to claim for ). In addition, certain types of illness (including depression) can count as a and failure to allow adequate time off could lead to a claim for ; see Q&A 47 and following for further information about this and List of common disabilities for a list of common disabilities.

After seven days of absence (including non-working days), you can require the member to give you a note from a healthcare professional which will advise whether they are unfit for work in general, or possibly fit for just some aspects of work. Where it states the latter, the healthcare professional will often specify how you can facilitate the member's return to work more quickly (eg by decreasing their working hours temporarily, or reducing strenuous duties) so this can make it easier to facilitate a conversation about returning to work in some capacity. See Q&A 12 for further information about obtaining medical evidence of sickness and dealing with recommendations in fit notes and AHP Reports.


Q12:Can I require my staff member to prove that they are sick?

Yes, usually; in order to qualify for during their absence, your member is legally obliged to provide you with some evidence about their sickness. However, this is only required after the member has been off work for more than seven days (including non-working days). For absences of less than this, a member can simply inform you they are ill without providing proof (known as self-certification) and you will have to accept this self-certification as evidence for the purposes of their entitlement to . You can ask for self-certification to be provided over the telephone, via email or via Form SC2 which has been produced by the government.

After seven days of absence (including non-working days), you can require the member to give you a note from a healthcare professional, in the form of either a or an Allied Health Professions Health and Work Report (); see Q&A 13 for information about what to do with these reports.

If your member has been off work due to coronavirus see Q&A 16 and following for guidance.


Q13:When can I ask for a fit note or AHP Report and what information must this contain?

After seven days of absence (including non-working days), you can require the member to give you a note from a healthcare professional; either a or an . Before this, the member can self-certify (see Q&A 12).

In a or , the healthcare professional will advise whether the member is unfit for work in general, or possibly fit for just some aspects of work. Where they state the latter, they will often specify how you can facilitate the member's return to work more quickly (eg by decreasing their working hours temporarily, or reducing strenuous duties). You should conduct a return-to-work interview when the member returns to work, to check that they are well enough to be back at work, discuss any recommendations set out in the or and come to an arrangement about how to facilitate them until they have recovered; see Q&A 18 for further information about conducting a return-to-work interview.

Note that it is also open to you to request that the member submits to a more thorough medical examination in certain circumstances; this is likely to be most relevant to who are on long-term sick leave. See Q&A 44 for further information about this.

Where you are storing any records relating to a member's health, you must bear in mind that it is and has special requirements relating to it. For further information about this, see Records and staff data.


Q14:Who can sign a fit note?

Since 1 July 2022, the categories of healthcare professionals who can sign fit notes has broadened considerably. Previously, only doctors could sign people off work. Now, nurses, occupational therapists, pharmacists and physiotherapists can also sign fit notes. The idea is to try to lighten doctors' workloads a little, whilst making it easier for people to get a without necessarily having to book an appointment with their GP.

Strictly speaking, since 6 April 2022 there has been no need for an actual ink signature on a – the relevant healthcare professional need only include their name and profession for it to be valid. This means fit notes can be provided digitally, eg by email or SMS.


Q15:What can I do if my staff member fails to provide me with a fit note or AHP report?

Your member is only obliged to provide you with a or after seven days of absence (including non-working days). Before this, the member can self-certify (see Q&A 12).

If a member fails or refuses to obtain a or after taking sickness absence for more than a week, you can consider treating this as a disciplinary matter (if the member has no good reason for this failure). For more information, see Taking disciplinary action and for a template disciplinary procedure, see Staff handbook and policies.


Q16:How should staff certify their sickness absence due to coronavirus?

As with other illnesses, members can self-certify their sickness absence due to coronavirus for the first seven days (they do not need to provide a ). If they are absent for longer than seven days, you can request proof from them in the form of a .


Q17:What can I do if I do not believe a staff member's claim that they are sick?

Dealing with who you suspect are not actually sick can be difficult, particularly because who take seven days or less off work for sickness are not required to provide any medical evidence to prove it (see Q&A 12 for further information about this).

If you suspect that a member is taking sickness absence when they are not actually sick, you should try to speak to them to discuss their condition (you can make it a requirement that call rather than text or email you to report all sickness absences to try to ensure this happens; see Q&A 9 for further information about this). Do not withhold their – you will almost certainly be their contract and they may be entitled to quit and claim .

For absences of under a week, you are likely to have to take the member's word for it that they are ill, unless you have definitive proof that they are not, such as seeing them doing something that would contradict their claims. However, note that a sick member is not necessarily required to stay at home throughout their period of sickness; travelling to see a doctor, going to a hospital, seeing a relative for care, or even taking a one-day break away to deal with stress can all be legitimate.

For absences of over a week, you can ask for evidence of the member's sickness and the healthcare professional will usually make recommendations about their capacity to work; see Q&A 13 for further information about this.

If it is clear that a member of has taken illegitimate sick leave, this can be treated as a disciplinary issue. Dishonesty may be grounds for dismissal, provided that you have a reasonable belief (or better, evidence) that they actually were lying about being sick, but before dismissing an for dishonesty, you must usually give them a chance to defend themselves and conduct sufficient investigations into the incident. See Taking disciplinary action for further information about this.


Q18:Do I need to follow any particular process when a staff member returns to work following a period of sickness absence?

If a member of is off work for a short, isolated absence of a few days, there is usually no need to carry out any sort of formal meeting or process when they return, unless the absence is one of a series of frequent absences and you are concerned about this; see Q&A 20 for further information about how to deal with frequent absences.

For longer periods of sickness absence of a week or more, it is good practice to conduct a return-to-work interview with the member upon their return ; see Q&A 19 for information.


Q19:How do I conduct a return to work interview?

For longer periods of sickness absence of a week or more, it is good practice to conduct a return-to-work interview with the member upon their return .

At this meeting you should do the following:

  1. Check the member is well enough to be back at work, welcome them back and explain any developments that have taken place in their absence.

  2. If the member of has a or an from a healthcare professional discuss this with them. If it says that the member is only fit to do some work, discuss with them any changes that need to be made to accommodate this. This may include changing their working hours so that they have a , not obliging them to carry out any duties that would involve heavy lifting or other manual labour or altering their equipment or workplace environment to accommodate an injury. See Q&A 13 for further information about obtaining fit notes or AHP Reports.

  3. If appropriate, discuss whether the reason for the sickness was work-related (such as stress caused as a result of work) and whether there is anything you can do to address the underlying causes of this. If it transpires that the reason relates to something like bullying or working environment or culture, you may need to treat this as a ; see Handling grievances for further information about this.

All such meetings, no matter how brief and informal, should be kept confidential. It is good practice to keep a note of what was discussed, but you must bear in mind that any records relating to a member's health is and has special requirements relating to it. For further information about this, see Records and staff data.


Q20:What can I do if a member of staff is taking sick leave frequently?

Frequent short-term sickness absence can be a problem, especially if you have a small workforce. Even if the sickness is genuine, there can come a point at which you can say that enough is enough and take steps to dismiss the member of , if the absences have become commercially damaging for your business.

However, there are often things you can do to improve the situation and in any event, it is important that you can show that you did what you could to resolve the issue before taking more drastic action. This is particularly important if you are dealing with an who has been for two years or more, as failure to follow a fair process before dismissing could result in a claim for .

Note that you need to have a separate and careful process for dealing with who are pregnant (see Pregnant staff) or have a (see Q&A 47 and following and List of common disabilities for a list of common disabilities).

Appropriate steps to take are as follows:

  1. Monitor the absences

    You should monitor and keep a record of the amount and timing of sick leave taken by each member to keep track of how much is being taken and when.

    What counts as sufficiently frequent sickness absence to be a problem is for you to decide; a recent study conducted by the Chartered Institute of Personnel and Development found that the average sick leave taken each year is 7 working days per member. It can help to have a sickness absence policy which specifies that such a meeting will take place after a certain number or level of absences, in order to ensure consistency and avoid a member of feeling that they have been singled out; see HR policies for further information about setting such a policy and Staff handbook and policies for a template you can use.

    Note that it is very important all records you keep are stored in accordance with your obligations. Records relating to a member's health are and have special requirements relating to them. For further information about this, see Records and staff data.

  2. Discuss the issue with the member and consider solutions

    If you notice that a member is taking frequent sick leave, then you should arrange a private meeting with them to discuss the matter; see Q&A 21 for information.

  3. Consider disciplinary action

    You are entitled to take into account the impact of a member's frequent absences on the rest of your and on your business as a whole. Even where the absences are a result of genuine ill health if, despite taking the steps set out above, the absences continue and are disruptive, you are likely to be justified in treating them as a disciplinary matter and potentially as a sufficient reason to dismiss the member.

    In this case you should notify the member in writing and arrange a formal disciplinary meeting (see Invitation to attend meeting to discuss sickness absence for a template letter you can use). For more information about conducting an effective disciplinary process, including specifically in the context of sickness absence, see Taking disciplinary action, and for a template disciplinary procedure, see Staff handbook and policies.


Q21:How should I conduct a meeting with a staff member about their frequent sickness absence?

If you notice that a member is taking frequent sick leave you should arrange a private meeting with them to discuss the matter. See Invitation to attend meeting to discuss sickness absence for a template you can use. (Note that there are separate considerations where the member is pregnant; see Pregnant staff). It is not appropriate to have a set level of absence that automatically triggers your disciplinary process; you should always review the situation of the individual first.

At the meeting you should explain your concerns, using the member's attendance record as evidence in support.

You should seek to establish whether there are any underlying issues which might explain the absences, including long-term health issues or a , difficulties at home or problems at work. If there is a potential underlying medical condition, consider requesting that your member sees their doctor or an occupational health service. See Q&A 24 for further information about the rules around this.

You should explore with the member whether there are any steps that can be taken to improve the situation, such as allowing them flexibility in their working hours to attend medical appointments. If there is a problem at work (eg stress, difficult working environment, poor management) consider making appropriate adjustments to remedy the issue, such as a change of team or line manager. See Sickness absence meeting - outcome letter for a letter you can send after the meeting to confirm any points discussed.

Note that if the member's absence is as a result of an underlying , you must consider making adjustments in order to allow them to continue working; see Q&A 47 and following for further information about what counts as a and what sort of adjustments you might need to put in place.


Q22:Does my staff member continue to accrue their annual leave entitlement whilst they are off work sick?

Yes, your member will continue to accrue their full entitlement whilst on sick leave.

Where this leave cannot be taken in the relevant because of the member of 's absence, you are required to allow them to roll it over so that it can be used in the subsequent year. For more information about this, see Dealing with annual leave.


Q23:What happens if my staff member is sick during their annual leave?

If a member falls ill shortly before a planned holiday and remains so during that period, or if they fall ill during their period, they will automatically become entitled to sick leave instead and you must permit them to rearrange the remainder of their for later that year; you cannot force them to take instead of sick leave.

If this means they cannot take their full entitlement for that year, you must permit them to carry it over into the following year. For more information about this, see Dealing with annual leave.

Despite this, a member may choose to take even when they are sick, particularly if you do not offer an enhanced policy and they are only entitled to (). There is nothing to stop them doing this.


Q24:Can I require a member of staff to submit to a medical examination?

Whilst you can require your to obtain a or an after seven days of absence (see Q&A 13), you may wish them to undergo a more thorough medical examination in certain circumstances, in order to better understand their prognosis and your options in relation to their employment; this may also be a requirement of any insurance policy you have in place to cover your obligations. This is likely to be particularly relevant where a member is on long-term sick leave (see Q&A 44 for further information about handling on long-term sick leave).

Whether or not you can legitimately require a medical examination and report depends on various factors and you should consider the following:

  1. Under law, you are only allowed to collect that is necessary and justified for the situation, so you should consider carefully why you need the information, what you are going to do with it and therefore whether you are justified in collecting it.

  2. You may make it a condition of your member's that they submit to a medical examination in certain circumstances. However, even if this is the case, you will still need to write to your member and obtain their consent to the examination, explaining what it is for and what you intend to do with the information requested, with details of any specific tests you wish to be carried out.

  3. Ultimately, you cannot force a member to attend a medical examination. However, if they refuse to do so, recommends that you explain to them that you will have to make decisions about their employment based only on the information you have available. It will be better for them if you can make an informed decision with all the relevant information, including medical reports.

See Q&A 25 for information about who should conduct the examination.


Q25:Who can conduct a medical examination and provide a report on my staff member?

This question relates to specific medical examinations that you have asked your member to undertake; for information about fit notes and AHP reports, see Q&A 13.

You will need to consider who would be best placed to provide a useful medical report. If you discover that your member has a particular condition, it may be more appropriate to ask for a report from a specialist rather than their GP. The specialist will be better placed to advise on whether there are any reasonable adjustments you can make to accommodate the member's return to work.

However, when making a decision about who to seek a report from, you must bear in mind that there is a difference in process depending on whether you obtain a report from a healthcare professional who has previously treated the member (such as their GP or your doctor, if they have treated the member before) (see Q&A 26) or a practitioner unknown to them (see Q&A 27).


Q26:What process do I need to follow when requesting a medical report from someone who has previously treated my staff member eg their GP?

If you wish to obtain a medical report from somebody who has previously treated the member, bear in mind that the member has the right to inspect the report before you see it. Having inspected it, they need to give their consent before it can be sent on to you.

Before giving this consent, if they wish, they can ask the practitioner to amend any parts of the report they consider to be incorrect or misleading, and the practitioner must either make these amendments (if they agree with them) or attach to the report a statement of the member's views if they do not agree to make the amendments and the member requests this.

You should follow this process:

  1. Request consent from your member. You must inform the individual of all of their rights set out above when seeking their consent.

    For a template letter you can use, see Letter to staff member requesting consent to medical report.

  2. Once you have the member's consent, write to the medical professional. It is important that you make the medical practitioner aware of the reasons for requesting the medical examination and report on your member (ie because you are considering their future employment prospects). You might ask for a medical statement explaining the nature of the illness, the recovery times, what steps you as the can take to facilitate recovery and return to work and what the member can or cannot do.

    If the member has informed you that they wish to have access to the report before it is given to you, you must notify the medical practitioner when you apply for the report and, at the same time, notify the member that you have written to the medical practitioner.

    For a template letter you can use to send to the medical professional, see Letter to medical professional requesting medical report.


Q27:What process do I need to follow when requesting a medical report from someone who has never treated my staff member before?

If you request a medical report from a practitioner who has not previously been involved in your member's healthcare, the process is much simpler than when you ask for a report from someone who has (see Q&A 26). You will simply need to gain your member's consent to the examination; they do not have any rights to inspect the report thereafter.

You should follow this process:

  1. Request consent from your member.

    For a template letter you can use, see Letter to staff member requesting consent to medical report.

  2. Once you have the member's consent, write to the medical professional. It is important that you make the medical practitioner aware of the reasons for requesting the medical examination and report on your member (ie because you are considering their future employment prospects). You might ask for a medical statement explaining the nature of the illness, the recovery times, what steps you as the can take to facilitate recovery and return to work and what the member can or cannot do.

    For a template letter you can use to send to the medical professional, see Letter to medical professional requesting medical report.


Q28:What can I do to foster a healthy workplace and prevent sickness absence?

In addition to setting policies and procedures to follow in the event of sickness absence taking place, it is obviously in your interests to do what you can to prevent it in the first place. To this end, you should consider the following:

  1. Actively managing the workplace to ensure it is safe, secure, and healthy. For further information about health and safety requirements, see Providing a safe and healthy workplace.

  2. Where feasible and financially viable, consider offering health related benefits to your such as private medical insurance, on-site exercise facilities or subsidised gym membership.

  3. Where possible, take a flexible approach to working arrangements, including formal requests for (which all eligible have a right to request), as well as ad-hoc requests such as requests to work from home, provided your business can accommodate this. For further information regarding , see Flexible working requests.

  4. You should monitor sickness absence by keeping absence records for members. This will allow you to see how many working days are being lost, whether there are any absence patterns, and whether there is an underlying cause for any absences. See Records and staff data for information about your obligations when keeping records.


Payment during sickness absence
Q29:What are the proposed reforms to statutory sick pay under the Employment Rights Bill?

Following the introduction of the Employment Rights Bill to Parliament on 10 October 2024, this area of law is being considered for reform (see our blog explaining the Bill here). Any reforms are unlikely to take effect before 2026. Under the Bill, would be paid from the first day of sickness (currently it is only paid from day four of sickness). The lower earnings limit would also be removed.


Q30:Do I have to pay staff if they are off work sick?

If you have an enhanced regime, such as paying their normal rate of pay for a set number of days that they are off work sick, you must pay in accordance with this policy. See HR policies for further information about setting such a policy and Staff handbook and policies for a template you can use.

If you do not have such a policy, a member of will be entitled to during a period of sickness absence if they are an , a , an or an , provided they meet certain criteria; see Q&A 31 for what these are.


Q31:Which staff are eligible for statutory sick pay?

A member of will be entitled to during a period of sickness absence if they are an , a , an or an , provided they have earned at least £125 (before tax) per week over the eight weeks before you last paid them (note that where the member has not yet worked for you for eight weeks, this is worked out slightly differently).

However, they only get after they have been ill for four or more days in a row, including days off, weekends and bank holidays; see Q&A 32 for more information.

In order to be eligible for , the member must notify you of their sickness. For absences of seven days and over, you can also ask your member to provide a from a healthcare professional or an . See Q&A 12 and following for information on the notification requirements.

See Q&A 39 for information about what to do if your member doesn't qualify for .


Q32:Do I have to pay statutory sick pay from the first day of absence?

In many circumstances, no; eligible (see Q&A 31) only get after they have been ill for four or more days in a row, including days off, weekends and bank holidays.

is payable from the fourth working day of sickness onwards, so the first three working days of sickness will be unpaid. For a full-time member, payment might therefore start on the fourth day of their illness, but for part-time it may only start the following week or even later, where the member only works one or two days per week.

However, there is an exception to this rule:

  1. If a member has a second period of illness which begins within eight weeks of the first and lasts for at least four days (including non-working days), the two periods are treated as one. The significance of this is that becomes payable immediately on the first day of the second period of illness.

There is no limit on how many periods of sickness can be linked in this way, so long as there are at least eight weeks between each period and each is over four days. However, you will no longer have to pay your member once they have reached the maximum entitlement to (ie 28 weeks' worth of ) over a maximum period of three years.


Q33:Do I have to pay statutory sick pay if someone is absent because of COVID-19?

It depends.

If your member is absent from work because they are unwell with coronavirus and they are otherwise eligible for (see Q&A 31), you must pay them in the usual way. Bear in mind that must be off work for more than four consecutive days (including non-working days, weekends and bank holidays) to be eligible for .

The legal requirement for individuals to self-isolate has ended and who are just self-isolating at home are no longer eligible for (unless they are otherwise unwell).


Q34:Do I have to pay enhanced sick pay if someone is absent because of COVID-19?

It depends on your policy.

If your member is unable to work because they are unwell with coronavirus and you have an enhanced policy, you should act in accordance with that policy.

If your member is not unwell, but is required to self-isolate or shield and cannot work from home, whether you should apply your enhanced policy will depend on what your policy says. Bear in mind that individuals are no longer legally required to self-isolate, and formal Government shielding guidance has ended.


Q35:Can I reclaim SSP payments from the UK Government for absences due to coronavirus?

Not any more.

If your member's period of sickness absence relating to coronavirus occurred between 21 December 2021 and 17 March 2022 (inclusive), you may have been able to reclaim some or all of the payments you made to them by making a claim under the Government's Coronavirus Rebate Scheme.

The Coronavirus Rebate Scheme initially closed on 30 September 2021, but it was reintroduced in January 2022. The last day for making claims under the original scheme was 31 December 2021 in relation to periods of sickness absence on or before 30 September 2021. The re-introduced Scheme applied where members were off sick due to coronavirus on or after 21 December 2021 and until 17 March 2022. Final claims must have been made by 24 March 2022.

As the scheme has now closed, guidance about how it operates has been removed.

If you made a claim under the rebate scheme, see Q&A 36 for guidance about what records you should keep.


Q36:What records do I need to keep of staff absences due to coronavirus to reclaim SSP under the Coronavirus Statutory Sick Pay Rebate Scheme?

If you have made a claim under the Coronavirus Rebate Scheme you must keep the following records for three years after the date you received your reimbursement:

  1. the dates your member was absent due to coronavirus (including the start and end dates);

  2. which of those dates your member was eligible for ;

  3. the reason your member said they were off work; and

  4. your member's .

It is a good idea to keep as much detail on record about your absences due to coronavirus as possible.

When it reimburses you, will also send you a letter containing confirmation of receipt of State aid. You must keep a copy of this letter for at least 4 years from the end of the Brexit transition period (ie to 31 December 2024).

Note that will apply penalties of up to £3,000 if any false or misleading information is deliberately provided.


Q37:How much is statutory sick pay?

The current rate of is £118.75. regardless of whether your member works full-time or part-time. If you need to work out a daily rate (eg because your member returns to work part way through the week), you should divide the weekly rate of by the number of days per week your member is contracted to work. Full guidance on how to calculate is outside the scope of this service, and the simplest way to work out how much you are obliged to pay is to use the government’s statutory sick pay calculator.

The maximum amount of a member of may be entitled to is 28 weeks' worth.


Q38:What is the maximum amount of sick pay a staff member can claim?

The maximum amount of a member of may be entitled to is 28 weeks' worth over a maximum period of three years. See Q&A 32 for information about how periods of sickness absence can be linked.

You must give your member Form SSP1 if they are approaching the maximum entitlement for and you know that they will still be sick after their entitlement ends. You must give them the form 42 days before their entitlement to is due to run out


Q39:What should I do if my staff member is not eligible for statutory sick pay?

Where a member is not entitled to but still asks you to pay it, you must fill in Form SSP1 and give it to the member within seven days of receiving their request. This will help them claim any benefits they are entitled to. In addition, you must give your member Form SSP1 if they are approaching the maximum entitlement for and you know that they will still be sick after their entitlement ends. You must give them the form 42 days before their entitlement to is due to run out.


Q40:Who is responsible for paying my agency worker if they are off work sick?

are legally entitled to be paid during a period of sickness absence, provided they meet certain criteria. It will usually be the responsibility of the agency to pay the since in most cases you will have a contract with the agency and the agency will employ the member of . Check your contract with the agency to see what your rights and obligations are if the is sick.


Q41:Do I have to pay a freelancer if they are off work sick?

No; self-employed are not entitled to . How you deal with a situation when such are sick will depend upon the contract you have with them.

See Freelancers (self-employed staff) for more information about the practicalities of using .


Q42:Should I pay statutory sick pay on my staff member's normal pay day?

Yes; should be paid in the usual way, on the member's pay day, via your normal payroll process.

is subject to normal deductions for and . You should record payments as part of your general payroll record-keeping duties.


Q43:Is it possible to recover statutory sick pay?

Not usually; there is no means of recovering from the government, so you shoulder the full amount of any payable to a sick member.

To help reduce the unexpected costs of a member being off work sick (particularly where it is necessary to hire somebody else to cover), you may wish to consider taking out insurance.


Long-term sickness absence and disability
Q44:How should I deal with staff on long-term sick leave?

Dealing with long-term sickness absence can be difficult for any business; losing a member for a long period can increase workloads on other , and hiring a temporary replacement can be expensive. Clearly, a period of long-term sickness is also likely to be a difficult time in the life of the member in question. You must do what you can to support the member, and if possible facilitate a return to work. There may come a point at which your obligations end and you can dismiss the member, but this should be viewed as a last resort.

Note that if the member has a then you are under a duty to consider making adjustments to their working conditions in order to allow them to do their job; see Q&A 47 and following for further information about dealing with members with disabilities.

When a member has been off work for a period of time and this looks set to continue, you should ensure you take the following steps.

  1. Keep in regular contact with the member to keep them updated in relation to matters such as entitlements (see Q&A 38) and any developments in the which may affect them. However, do not overload your member. They may need space to recover, especially if the illness or injury was work-related. Ask for their preferred method of communication while they are on sick leave; if this requires you to visit them at home, you should arrange a meeting time with them in advance and confirm who will attend.

  2. Do what you can to understand the medical diagnosis and outlook of the member. You are entitled to request a from a healthcare professional or an after seven days of absence (see Q&A 12); however, you may wish to obtain more detailed information, and may ask them to submit to a medical examination. See Q&A 24 and following for information about when you can request this and the member's rights to agree or refuse.

  3. Once you know the nature and extent of the member's condition, arrange a call or meeting to discuss the situation . Subject to medical advice, consider drawing up a personalised return to work programme based on the member's medical records or recommendations. See Invitation to attend meeting to discuss sickness absence and Sickness absence meeting - outcome letter for letters you can use to arrange a meeting and follow up afterwards.

    If the member cannot perform the role they did before, you may need to consider whether any suitable alternative work is available which the member could still undertake. However, you are not required to create a special job where one does not already exist.


Q45:How should I deal with a staff member who takes sick leave because of long COVID?

'Long COVID', otherwise known as 'post COVID-19 syndrome' or 'long-tail COVID' can cause individuals to experience symptoms for weeks or months after their initial infection with COVID-19.

When someone is off sick because they are experiencing symptoms of long COVID, you should apply your usual sickness absence policy, including paying them enhanced (if you offer it) or (if they are eligible). See Q&A 31 for guidance about eligibility for . You should bear in mind that symptoms of long COVID can be intermittent, which means that although your may be able to return to work initially, their symptoms may subsequently flare up again, requiring them to take further sick leave.

In addition to the considerations set out in Q&A 44 for dealing with members on long-term sick leave, recommends that ensure that cover is provided for the member's work and consider what reasonable adjustments can be made to facilitate their return to work, when they feel able to do so (eg by agreeing a phased return). Remember that although ' guidance constitutes best practice rather than a legal obligation, if your member's illness constitutes a , you will be legally required to make such reasonable adjustments to accommodate them (see Q&A 48).

Finally, when dealing with members with long COVID, be aware of the risk of ; according to , long COVID is more prevalent in women, ethnic minorities and the elderly. Depending on its effects on the individual concerned, long COVID can also amount to a . occurs when a member is treated less favourably because of a (eg their age, sex, race or ). For further guidance about , see Specific types of grievance.


Q46:At what point can I consider dismissing a staff member who is on long term sick leave?

You must do what you can to support the member, and if possible facilitate a return to work; see Q&A 44 for steps to take.

If, having taken these steps, it is clear that a return to work is not possible, you will need to consider whether you can wait for the member to return and if so, for how long. There are no rules setting out exactly how long you should wait; it will depend on the circumstances of each individual case. If it appears likely that the member's health problems are likely to improve, then it is important to allow a reasonable amount of time to see if they do improve before thinking about dismissing them. If this is not certain or is likely to be a long way off, there will come a point when you are entitled to some finality so that you can make concrete plans for the future. Note that if the member sustained the health problem at work, you should typically allow longer for their condition to improve.

You are entitled to take into account how severely the member's continued absence is affecting the business. You are not expected to put up with severe disruption for a long period of time; you may, for example, need to hire somebody to replace the member so that the business can continue to function as normal.

If dismissing your member looks to be the only option, you must first consider the following:

  1. Whether they could be medically retired under any pension scheme you have (since in some cases the pension scheme will offer enhanced payouts to who retire in this way).

    Note that whilst it may be possible for a member on long-term sick leave who is nearing retirement age to retire early, you cannot require them to do so. You must take care in suggesting this if the member themselves do not raise it due to the potential risk of or age ; for further information, see Planning retirement.

  2. If the member is entitled to permanent health insurance through your business, whether the scheme requires the to remain in employment in order to qualify. If this is the case you should take specific legal advice before you dismiss your as there could be an obligation for you to keep them on your books (and not dismiss them) so they can continue to receive these payments. If you don't do this, there is a possibility that your could bring a claim against you for all the benefits they should have received under the scheme. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

For further information about the process you need to follow when dismissing , see Process for dismissing an employee.


Q47:What counts as a disability?

A member is one who has a physical or mental impairment which has a substantial or long-term effect on their ability to carry out normal day to day activities. Some conditions are automatically considered to be disabilities (namely, cancer, HIV infection, multiple sclerosis as well as blindness and other sight impairments). Mental health issues such as depression can also count as disabilities in some circumstances, as can symptoms of the menopause and long COVID, although addictions such as alcoholism are not disabilities. For a list of conditions that are commonly regarded as disabilities, see List of common disabilities.

You can seek medical advice or the advice of an occupational health adviser to help you determine whether a member is . However, you cannot simply rubber stamp the adviser's opinion; you are the one who must make the judgement as to whether the individual is , on the basis of all the facts and advice available.


Q48:How do I deal with a staff member who takes sick leave because they have a disability?

You are required by law to make reasonable adjustments to enable members to continue working for you or return to work following a period of absence. This includes making reasonable changes to your physical working areas, policies or procedures (eg allowing them to work from home) and also providing auxiliary aids to members where necessary (for example, an adapted keyboard for someone who has arthritis). You should ask the member what adjustments they feel would assist their continued working or return to work. An occupational health or doctor's report, or may also offer suggestions on what adjustments can be made; see Q&A 12 and following for further information about obtaining evidence of sickness during a sickness absence and Q&A 24 and following for information about obtaining a medical report.

See Q&A 50 for more information about what counts as reasonable.

If you do not make reasonable adjustments where possible, then you risk discriminating against the member based on their .


Q49:How do I deal with a staff member who takes sick leave because of the menopause or perimenopause?

You should respond sensitively to members who are off work because they are suffering from symptoms related to the menopause or perimenopause, as these symptoms can amount to a . If you do not accommodate appropriately, you could risk claims of or sex in an . It is therefore best practice for you to consider what changes you can make to help to accommodate experiencing menopausal or perimenopausal symptoms. also recommends that you do not include sickness absences related to such symptoms in your members' attendance records.

Bear in mind that certain surgeries can trigger the menopause in women and a trans man may also experience perimenopausal and menopausal symptoms.


Q50:How far do I have to go to put reasonable adjustments in place for a disabled staff member?

What is reasonable depends on the size of your business and the circumstances of the individual. Examples of reasonable adjustments vary widely, ranging from a new chair for a member with back pain to reduced performance targets or the provision of a mentor to provide support with work tasks. In considering what adjustments are reasonable, you should consider whether the proposed changes would help the member overcome their disadvantage, whether the adjustment is practical and affordable, what resources you have to make the adjustment, and whether assistance is available to help you to make the adjustment (although note that the government Access to Work scheme does not cover reasonable adjustments, they may contribute towards other support).

Note that a reasonable adjustment could involve a change to your physical business premises (such as the installation of a ramp); if so, you will need to consider the practicalities of making any such changes, including the need to comply with and any obligations you or your landlord may have under your business lease. For further information, see Making alterations for disabled people.


Q51:What are some examples of reasonable adjustments for staff members?

Reasonable adjustments are not often expensive, inconvenient or time consuming to sort out. The action you need to take will of course depend on the needs of the member you are supporting, but can be as simple as allowing them to work flexible hours or providing them with better lighting for their main work area. You might consider:

  1. making changes to the person's equipment or workstation, eg changing the layout, providing adapted IT equipment or a more ergonomic desk set up;

  2. making changes to working arrangements, eg allowing more , permitting more time off for medical appointments or altering the person's role or responsibilities;

  3. providing more support, eg providing information and resources in an accessible format or giving one-to-one support when needed; or

  4. making adjustments to the person's role or responsibilities to reduce the more stressful elements of their day.