Sick Note Rules and Regulations: What You Need to Know

UK Immigration Blog

Employee absenteeism due to sickness is a major concern for many employers in the UK. Ensuring that employees have time off for sickness can be challenging and stressful, especially during staff shortages, and it’s important to navigate the sick note rules properly. Failing to do so can result in legal implications for an employer. 

In this blog post, I’ll guide you to the sick note rules in the UK and provide advice for employers on how to navigate these rules properly to ensure the health and safety of their employees.

What is a Sick Note, and how long does it last?

A sick note, also known as a fit note, is a document that an employee must provide to their employer when they have been off work for more than seven days of sickness. 

The employee’s doctor writes this document, outlining the medical condition, the possible effects of the condition on the employee’s work, and the length of time the employee may be required to take off work. Depending on the employee’s condition, they may be able to return to work before the end date on the sick note.

Sick Note Rules (Advice for Employers)

An employer has certain responsibilities when an employee presents a sick note.

1. Employer’s Responsibilities

When an employee brings in a sick note, an employer has some responsibilities. 

  1. The employer must accept the sick note as evidence of the employee’s sickness and allow the employee to recover. 
  2. After that, the employer must not discriminate against employees because they have been off work due to sickness. 
  3. The employer should maintain confidentiality about the employee’s sickness.

2. Employee becomes Sick while at Work 

Suppose an employee becomes unwell while at work; the employer should encourage the employee to seek medical attention. The employer should also provide first aid arrangements and ensure the employee is not at risk. 

If the employee requires time off work due to illness, the employer should request a sick note from the employee’s doctor if the absence is longer than seven days.

3. Health and Manage Absenteeism

Employers can take several steps to support their employees’ health and manage absenteeism effectively. Administrators can promote good health in the workplace by providing healthy food options, encouraging regular exercise, and providing mental health support if needed. 

Employers can also offer flexibility in working hours, where possible, to accommodate employees’ health needs. Additionally, employers can monitor employee sickness and identify any patterns of absenteeism. Employers must also adapt to the changing working landscape by accommodating remote work.

Failing to follow sick note rules in the UK can have legal implications for employers. For example, if an employer dismisses an employee due to sickness without proper consideration, it can be considered unfair dismissal under employment law.

Under the Equality Act 2010, discriminating against an employee due to sickness can be considered discrimination by an employer.

5. Go with a Confidential Approach

Employers must be mindful of their employee’s need for confidentiality and take a supportive approach to managing sick leave. The employee’s right to sick leave is a legal right, and employers must be understanding when dealing with staff members that require time off due to illness.

UK Employers’ Guide on Sick Notes

Employee absence due to illness is something that employers should be prepared to handle. As an employer, it’s important to understand an employee’s right to sick leave and what you can do to support them while recovering. 

Employees absent for a long time will require a sick note from their doctor. Let’s discuss how employers can obtain sick notes from their employees, what to do when the sick note runs out and how to manage the process of sending sick notes to the employer.

How to Get a Sick Note from Doctors?

Getting a sick note from a doctor usually requires an appointment. It’s important to ask the employee to provide the doctor’s note as soon as possible so that you can plan ahead. 

A doctor’s note usually covers the whole period of absence, but sometimes, the note could be dated for a shorter period. If the sickness is ongoing, the employee should provide another doctor’s note after the initial note has expired.

Employers should respect doctor-patient confidentiality; the employee is not obligated to provide specific details about their health condition.

What to Do When the Sick Note Runs Out?

When the sick note runs out, checking in with the employee to see how they are doing is prudent. Employees must schedule another appointment with their GP if they require additional time off work. 

The treatment plan should be discussed with their doctor if an employee requires additional time off work. Returning to work too soon could impact the employee’s recovery and result in further time off work.

How to Send Sick Note to Your Employer?

Employees can send sick notes by mail, email, or through an online portal provided by the employer. Employers should ensure that they receive the sick note as soon as possible to accurately record the employee’s absence. 

If a sick note isn’t provided, it will be considered an unauthorised absence. It’s important to respect the employee’s need for confidentiality and not to discuss their medical health with other staff members.

How to Get a Sick Note from GP?

In the UK, you need to book an appointment with a GP, providing information about your symptoms and reasons for being unable to attend work. Once a medical diagnosis is made, the doctor will provide the sick note, explaining how long the absences will be, whether it is continuous or intermittent and the expected return date. 

Employers need to closely monitor when the employee is expected to return to work to ensure they are adequately prepared for their return to work.

Employee Statement of Sickness

If an employee is off sick for less than seven days, they may provide a written or verbal statement to the employer that confirms their illness. The employee’s statement of sickness should include the dates they were off work, the reason for the absence, and any other relevant information. As an employer, it’s important to document this statement to keep a record of the employee’s sickness absence.

Important Advice: What You Need to Know About Sick Notes and Pay?

Maintaining a productive workplace as an employer depends on keeping your team healthy.

As an employer, keeping your team healthy is crucial to maintaining a productive workplace. But what happens when an employee falls ill? Are you aware of the ins and outs of sick pay? As an employer, you are responsible for ensuring that your employees are taken care of.

Have you ever heard of a fit note? If you’re a UK-based employer or manager, read on for advice on navigating the world of sick leave and pay.

Who can issue a fit note?

First things first, who can issue a fit note? A fit note, also known as a doctor’s note, is a document that a healthcare professional provides to give information about an employee’s health status and any necessary accommodations or adjustments.

A registered medical practitioner can only issue fit notes, so employees must seek medical attention if they’re experiencing health issues preventing them from working. As an employer, you must inform your employees of the importance of regularly attending medical appointments and obtaining fit notes where necessary.

Now, let’s talk about how to get a sick note. Doctors or other healthcare professionals typically issue sick notes when an employee cannot work due to illness. The process for obtaining a sick note can vary depending on the employee’s circumstances and the specific requirements of their job. 

In most cases, an employee must have been off sick for at least 7 days before they can obtain a sick note. However, depending on the employer’s sick pay policy, this timeframe can be shorter or longer.

The answer is no. While many employers offer sick pay as part of their employment contracts, it’s not mandatory under UK law. The government sets out minimum statutory sick pay rules, which require employers to pay their employees £96.35 per week for up to 28 weeks. 

However, this only applies to employees who meet certain eligibility criteria (such as earning at least £120 per week). As an employer, you can offer more generous sick pay benefits, but you’re not legally required to do so.

Benefits of Providing Sick Pay

  • Providing sick pay can help retain staff and foster a positive workplace culture. When employers support and value their employees
  • The employees are more likely to feel committed to their work and less likely to seek employment opportunities elsewhere.. 
  • Offering sick pay can also help to reduce the financial burden on your employees if they fall ill, which can help to alleviate stress and anxiety.

In addition to sick pay, there are other things you can do as an employer to support your staff when they’re sick. Consider offering flexible working hours, remote working options, or job-sharing arrangements to allow employees to maintain a work-life balance while they recover. 

You could also provide access to an employee assistance program (EAP) or other support services, such as financial counselling or mental health resources.

Conclusion 

Not only is ensuring your employees’ health and safety required by law, but it is also good for business. By following the sick note rules in the UK and supporting your employees’ health needs, you can manage absenteeism effectively while ensuring a productive and happy workforce. If you’re an employer looking for support, seek advice from employment law experts, or speak to an HR company.

As an employer in the UK, navigating sick certificates can be challenging. Just a few of the essential things that employers need to know include knowing when to require a doctor’s note, who pays for it, and how far backdating it can go.

Documenting the employee’s statement of sickness is crucial to keeping track of the employee’s sickness absence. By understanding these regulations, you can create a supportive environment for your employees while ensuring you adhere to the requirements.

You must be aware of your sick pay and leave responsibilities. While offering sick pay isn’t a legal requirement, it can be valuable for retaining and supporting your employees. Encouraging your staff to attend medical appointments and obtain fit notes can help ensure they receive the necessary care.

You’ll positively impact your employees’ health and well-being by providing a supportive workplace culture.

Frequently Asked Questions (FAQs)

How to Support Employees During Absence?

Being unwell can impact an employee’s mental well-being. Employers should support their employees by maintaining communication and remaining sympathetic to their employees’ situations. Employers should raise awareness about employee well-being within the workplace and ensure that the workplace environment is supportive and adequate resources are provided for those that need them.

When Do You Need a Doctor’s Note for Work?

Employees must provide a doctor’s note (also known as a fit note) if they have been off sick for seven consecutive days, including non-working days. Employees off for less than seven days can self-certify their sickness absence. This means the employee can provide a written or verbal statement to the employer confirming their illness.

Do You Have to Pay for a Sick Note?

In the UK, an employee must cover the cost of the first seven days of their sick leave (known as a waiting period). After the waiting period, the employer is responsible for paying Statutory Sick Pay (SSP) for up to 28 weeks. However, some companies may offer contractual sick pay, covering a longer period or providing higher pay.

How Far Back Can a Sick Note Be Backdated?

In some cases, employees may need to backdate their sick notes if they could not see a doctor at the beginning of their illness. A doctor’s note can be backdated to the start of a sickness absence if the employee could not see a doctor when off sick. However, the maximum amount of backdating that is allowed is 14 days. This means that if the employee was off sick for 10 days, the doctor’s note could be backdated by a maximum of 4 days.

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Teresa Aldridge
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VisaHelpUK - UK Immigration and Visa Application Advice Service
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