How is sick leave handled in the United Kingdom (UK)?

Sick leave allows employees to take time off work when they are unwell, with certain protections and entitlements under UK law. This article outlines the key aspects of sick leave, including the requirements for medical certification, salary payments, and employer obligations.


Medical Certificate ("Fit Note")

  • Medical Certification:
    Employees are required to provide a medical certificate, commonly known as a "fit note," if they are absent due to illness for more than 7 consecutive days. This certificate is issued by a doctor and indicates whether the employee is fit to work or should remain off work.

  • Return to Work:
    Employees may return to work before the end date specified on their fit note, but only with the employer's agreement. This flexibility allows employees to resume work earlier if they feel well enough and their employer agrees to it.


Dismissal During Sick Leave

  • First 4 Weeks of Sickness:
    During the first 4 weeks of sickness, an employer cannot dismiss an employee solely based on their illness. This period provides job security for employees while they recover.

  • Long-Term Sick Leave:
    After 4 weeks of continuous sickness absence, the situation is considered "long-term sick leave." In such cases, the employer may consider dismissal if the employee is unable to return to work. However, any decision to dismiss must be fair and reasonable, considering the employee's situation and any potential adjustments that could facilitate their return to work.


Salary Payment During Sick Leave

There are two primary options for salary payment during sick leave:

  1. Statutory Sick Pay (SSP):
    Employers are required to pay SSP to eligible employees who are off sick for at least 4 'qualifying days' in a row (these are days when the employee is usually required to work). To qualify for SSP, employees must:

    • Earn an average of at least £123 per week (before tax).
    • Notify their employer of their sickness within the employer's set deadline or within 7 days.

  2. The amount of SSP is set by the government and is paid by the employer.

  3. Enhanced Sick Pay:
    Employers may offer enhanced sick pay beyond the statutory requirement. A standard arrangement might include:

    • 0 to 20th days of sickness: 100% of salary.
    • 21st to 40th days of sickness: 50% of salary.
    • 41st day onward (up to 140 days): Statutory Sick Pay (SSP) applies.

  4. Employers and employees can agree on different terms, and some employers may choose to pay full salary throughout the sick leave period.

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