Sick leave in the UK – What your obligations are as an employer

Employers in the United Kingdom have certain obligations when it comes to sick leave for employees. These obligations are outlined in UK employment law, and failure to comply with them can result in legal action being taken against you.

First and foremost, under UK law, all employees are entitled to take time off work if they are ill or injured. This is known as “statutory sick pay” (SSP), and it is paid by the employer.

SSP eligibility

To be eligible for SSP, an employee must have been employed by the company and done work for them, and must earn at least £123 per week. They must also have provided their employer with a “fit note” from a doctor or other medical professional stating that they are unable to work due to illness or injury, and must have been ill for over 4 days.

Employers are required to pay SSP at the rate of £99.35 per week for up to 28 weeks. However, employers can choose to pay more than this amount if they wish, and many do so as part of their employment contracts or employee benefit packages.

Additional entitlements

In addition to SSP, employers are also required to provide certain other entitlements to employees who are on sick leave. For example, an employee who is on sick leave for more than four consecutive days may be entitled to continue receiving other benefits, such as healthcare coverage and pension contributions, from their employer.

Employers are also required to maintain the employee’s job and pay for the duration of their sick leave. This means that, once an employee is able to return to work, the employer must continue to pay them their full salary and provide them with any other benefits they would normally receive.

Post sick leave workplace adjustments

Furthermore, employers are required to make reasonable adjustments to the workplace to accommodate employees who have a disability or long-term health condition. This could include providing specialised equipment or making physical changes to the workplace.

Employee sick leave responsibilities

It’s important to note that, while employees are entitled to take time off work due to illness or injury, they are also expected to follow certain procedures. 

For example, an employee must inform their employer as soon as possible if they are unable to come to work due to illness or injury, and must provide a fit note from a doctor or other medical professional if they are unable to return to work after a certain number of days.

If an employee fails to follow these procedures, the employer may be able to take disciplinary action against the employee.

If you’re an employer or an employee and you’re concerned about the legality of a specific incident of sick leave, it’s likely necessary that you need to reach out to a team of specialists such as Weightmans Solicitors. 

They’ll be able to provide advice that’s specific to your situation, and inform you on whether legal action may be taken or not.