Sick leave entitlements in the UK explained

When was the last time you checked in on your team?

With high stress factors, and Covid-19 still accounting for nearly one in four of all occurrences in sickness absence just last year, wellbeing is starting to crack amongst teams who have been working hard and forgetting to take time off. Time off work due to illness is on the rise.

The latest ONS report revealed that the sickness absence rate in the UK rose to 2.2% from a record low of 1.8% in 2020 – the highest it has been since 2010. Understanding your team’s sick leave entitlement is now more important than ever.

Let’s unpack everything you need to know about sick leave entitlement and what you can do on top of this to support your team’s wellbeing.

What is sick leave?

Sick leave is the period of time where your staff is absent from work either due to short or long term health conditions.

When do you have to ask for a sick note?

In the event your staff are ill for more than seven days in a row, including weekends and bank holidays, they must give you a sick note (also known as a fit note). They can get one from a healthcare professional such as a GP, registered nurse or pharmacist.

If they were off work for seven days or less, they do not need to give you a fit note. Instead, it is sufficient for them to confirm they’ve been off sick. This is called self-certification.

Is sick leave taken out of annual leave?

If your employee is ill during their annual leave, they can take it as paid sick leave instead.

They also have the legal right to ask to take their paid holiday for the time they’re off work sick. They may choose to do so if they do not qualify for sick pay.

Understanding the UK sick pay scheme

The UK sick pay scheme comprises of Statutory Sick Pay (SPP) which is the legal minimum employees are entitled to. There’s also an option for employers to create their own company sick leave scheme. However, this has to be more than the SSP.

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What are an employee’s entitlements around sick leave?

Statutory sick pay (SSP)

This is the legal minimum your employees are entitled to when it comes to sick pay.

They may be eligible for paid Statutory Sick Pay (SSP), which is £99.35 a week for up to 28 weeks. How many days you can get SSP for depends on why they’re off work.

For them to be eligible for SSP, they have to be:

• Classed as an employee and have done some work for your employer
• Earn an average of at least £123 per week
• Have been ill for at least four days in a row (including non-working days)

Company sick pay schemes

If you choose to offer a company scheme, take note that you cannot offer less than the SSP. How much sick pay you choose to offer varies from company to company.

Wondering how this can be effective as an employer?

Image Credit: CIPD

CIPD research shows that the majority of UK employers agree that the current SSP rate is too low and should be increased (as of 2021, when the publication was published). Raising the level of SSP could also act as a stronger incentive for more employers to put in place effective return-to-work strategies.

In addition, the CIPD also suggests that employers who go down this route should ensure that the design of their scheme, including the qualifying criteria and duration of payments, supports the effective return to work and rehabilitation of their employees.

How long does SSP last?

SSP can only be paid up to 28 weeks, either in one period of sickness or across several periods. Each period must last four days minimum, and be separated by eight weeks or less.

If in the event they are not eligible for SSP, or it ends, your employee might be able to apply for Universal Credit, or Employment Support Allowance. As the employer, you’ll have to fill out this SSP1 form for them and you must send them the SSP1 form within 7 days of them going off sick.

If their SSP is ending, you must send send them the SSP1 form either:

• Within seven days of their SSP ending, if it ends unexpectedly while they’re still sick.
• On or before the beginning of the 23rd week, if their SSP is expected to end before their sickness does.

With a lot to manage, make sure you make use of our HR & payroll software to stay on top of everything without the added stress. Employment Hero can help you keep all your records in one place and keep track of sick leave management seamlessly.

Can employers terminate employment when someone is on long-term sick leave?

Dismissing someone who is off sick on long-term sick leave is not a straightforward option. There is a chance that they can claim unfair dismissal and make a claim to the employment tribunal.

You can dismiss someone if they have a persistent or long-term illness that makes it impossible for them to do your job.

But, before taking any action, you have to make sure you:

• Look for ways to support them, such as considering whether the job itself is making them sick and needs changing;
• Give them reasonable time to recover from their illness;
• Consider whether they have a disability (which may include long-term illness). In this case, you have a legal duty to support disability in the workplace.

Dismissal because of a disability may be unlawful discrimination.

Tips for supporting employees on sick leave

Experiencing high levels of employee absenteeism?

Chances are, there might be more than meets the eye, such as strict micro-management styles and a lack of support and acknowledgement for employee wellbeing.

Burnout might also be at play, which might be unsurprising after a tough two years. Our Wellness Report found that over half of the workforce are struggling with the aftermath of the global pandemic. Coupled with the rising levels of cost of living, it’s no wonder.

But don’t fret yet, there are a few things you can do to support your employees through these tough times.

1. Create a flexible workplace environment

With high commute costs and an increase in the cost of living as the core stressor amongst the workforce, now is more important than ever to consider a flexible workplace policy. And believe it or not, flexible work arrangements are good for business.

But what does a flexible workplace actually mean in practice?

Done correctly, it is all about giving employees power back over their work schedules. It is designed to discourage presenteeism (which is more detrimental than we realise) and create room for a more engaged workforce.

Check out how you can create a flexible working policy by following this template.

2. Review your employee leave management policy

It’s no secret that a work-life balance makes a happy team. But with so much going on, chances are your team might forget once in a while to take some time off. Good leadership in well-run businesses always includes managers reminding and encouraging their teams to request leave now and then.

If you’re all for staff taking time off but are worried about who steps in while they’re off, make sure that you manage leave effectively. This means that you won’t have to worry about being understaffed, and you can ensure that your team can properly switch off during their time away so that they come back refreshed and recharged.

3. Keep track of your employee happiness and wellbeing

Whether you’re looking into reviewing your policies, or introducing new ones – don’t forget to keep track of those changes. After all, you’ve put a lot of time and effort into them.

Keep track of your staff’s wellbeing with an employee happiness survey. If you haven’t come across them before, we’ve included some key questions that will help.

You may want to make use of Employment Hero so that you can ask your staff how they’re feeling, keep track of their answers and reassure them that it will remain anonymous.

Do more to support your team’s wellbeing today

Looking out for your team’s wellbeing takes a lot of time and effort, but it creates a happy workplace. And it’s no secret that a happy team is a productive team.

So don’t wait until there’s a high absence rate to look into how you can support your team’s wellbeing.

With 2023 round the corner, now is a great time to see what you can do to engage with your team. After all, who doesn’t love a workplace where you look forward to Mondays and have a good reason to show up and smash those goals?

Don’t forget to make use of Employment Hero so that you can manage your team’s sick leave, ensure you’ve got all the records, and check in on their happiness levels all in one handy place.

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