What are my rights if I am sick?

Jun 5

3 min read

2

4

0

If you are sick and unable to work, you have the right to take time off and may be able to receive Statutory Sick Pay (SSP).

Eligibility criteria for SSP

As an employee, you will be eligible for SSP if you:

Have been off sick for at least 4 days in a row, including on any non-working days

Earn on average at least £125 a week, before tax

Have informed your employer regarding your sickness within 7 days or any other deadline your employer has set

If you are an agency, casual or zero-hour worker, you will also be entitled to statutory sick pay if you meet the eligibility criteria.

How much is SSP?

SSP is £118.75 per week and can be paid for up to 28 weeks.

When is it payable?

You are entitled to SSP for the days you would have worked, however, except for the first 3 days. The first 3 days are known as ‘waiting days’.

If you do not have a regular pattern of work, your employer should agree with you which days count as qualifying days for SSP.

Fit notes

Your employer might ask you for a fit note before they will pay you statutory sick pay.

A fit note is sometimes called a 'sick note'. This is a statement from a registered healthcare professional giving their medical opinion on a person's fitness for work.

If you have been sick for more than 7 calendar days, you must get a fit note to show your employer.

What if my sickness is due to a disability?

It is important to let your employer know that you have a disability because this will allow you greater protections under the Equality Act 2010. Reasonable adjustments under the act can include things such as flexible working to allow for medical appointments.

If your employer does not know you are disabled, they will treat you as being ‘ill’. This means that their usual sick leave policy will apply to you and you may not be allowed time off for medical appointments. If your employer does not know that you are disabled, having time off for medical appointments will not be a legal right.

If you have recently become disabled, you may want to discuss this with your employer so that you can get reasonable adjustments.

What are my rights as an employee if I am on long-term sickness leave?

Statutory sick pay if eligible
Ability to take annual leave during or after your leave
Carry over up to 4 weeks of unused annual leave
A return-to-work meeting and plan
Reasonable adjustments from the employer to allow them to return to work

Return to work after long-term absence due to sickness

It is beneficial for an employer and employee to have a meeting prior to the employee returning to work.
The employee should be told about any updates at work which have occurred during their absence.
Any concerns or needs the employee may have should be considered by the employer.
If reasonable adjustments have been requested by the employee or advised by a health-related body, these should be discussed.