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What is a Sickness Policy?
A Sickness Policy outlines the policies and procedures an employer has in place to manage sickness-related absences and the procedures for employees returning to work after taking sick leave. Sickness Policies inform employees how they will be paid during sick leave and help them recognise their personal responsibility to achieve acceptable levels of attendance.
This document is GDPR compliant.
When should I use a Sickness Policy?
Use this Sickness Policy:
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to deal effectively and fairly with absences caused by sickness
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to help managers understand how to deal with sickness absences correctly and lawfully
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only for employees based in England, Wales or Scotland
Sample Sickness Policy
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SICKNESS POLICY
Statement and Purpose of Policy
- ('we' or 'us') recognises that you may not always be fit to attend work or may become ill or be injured at work and so this policy is designed to ensure that instances of sickness are dealt with consistently, fairly and in a non-discriminatory way.
- We must ensure that the reasons for sickness absence are understood in each case and investigated, if necessary. We will adopt practical and reasonable measures to assist employees returning to work after sickness absence if we think they would be helpful.
- This sickness policy sets out our procedures for reporting and managing sickness absence, whether the absence is for several short illnesses or a long-term illness. All employees must abide by the terms and spirit of this policy.
- This policy summarises your statutory rights. If there is a conflict between this policy and the statutory entitlements, this policy is amended, as necessary, to comply with legal requirements.
- This is a statement of policy, which applies to employees only and does not form part of your contract of employment. We may amend this policy at any time, in our absolute discretion.
- We process personal data when managing sickness absence and employees' right to sick pay in accordance with our data protection policy - in particular, our policy on processing 'special categories of personal data' (which includes, but is not limited to information about an individual's health). Data collected as part of this procedure is held securely and accessed by, and disclosed to, individuals only for the purposes of managing sickness absence and administering sick pay. Inappropriate access or disclosure of employee data constitutes a data breach and should be reported in accordance with our data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under our disciplinary procedure.
Disabilities
- You should inform if any medical condition affects your ability to do your job or if you are affected by a disability.
- We will consider at each stage of our sickness procedure, whether sickness absence is the result of a disability and whether reasonable adjustments will assist with a return to work.
Reporting Sickness Absence
- If you become ill or are injured at work, you should contact and fill in the accident book if appropriate. If you require basic first aid, you should contact , otherwise, you should leave work to go home or to receive medical treatment.
- If you are ill or injured and cannot attend work you should telephone no later than 30 minutes before you normally start work, unless an extreme emergency does not allow for this. You should tell :
- the nature of your illness or injury;
- the expected length of your absence from work; and
- urgent work that requires attention.
- Managers should record all sickness absences they are notified of and arrange for any urgent work to be covered until the relevant employee's return.
- Your line manager may contact you during your sickness absence to discuss your health, urgent work being covered in your absence and to be advised, if possible, of your expected return date. This contact will be kept to a minimum to allow you to recover, but you should contact if you wish to discuss your condition further.
- For sickness absence of up to seven days, you must complete a self-certification form, available from . Where we are concerned about the reason for absence or short-term absence is frequent, we may require a medical certificate for sickness absences of less than one week. In such circumstances, we will cover the costs of this, if you provide your doctor's invoice. For an absence of more than a week, you must provide us with a "Statement of Fitness for Work"/"Fit Note" stating that you are not fit for work and the reason(s) why and provide this to . Medical certificates must be provided for the whole time you are away.
- If your doctor provides a certificate stating that you "may be fit for work" you should inform immediately. We will discuss any measures suggested by your doctor to help you return to work, but if suitable arrangements cannot be made you will stay on sick leave and we will set a date to review your situation.
- We may, at any time, require you to consent to a medical examination by a doctor nominated by us. You agree that any report produced after such examination may be disclosed to us and that we may discuss the contents of the report with the relevant doctor.
- If it is suspected that you are claiming to be unwell whilst absent, but that you are indeed well, or you fail to follow the procedure set out in this policy for reporting sickness absence, your absence will be treated as an unauthorised absence and will be dealt with under our disciplinary policy.
Sick Pay
- You may qualify for Statutory Sick Pay (SSP) at the rate set by the government, if you satisfy the statutory requirements and provide us with medical certificates as stated in this policy. Qualifying days for SSP are Monday to Friday, or as stated in your employment contract. No payment is made for the first three consecutive days of sickness absence, but from the fourth day, SSP may be payable for up to 28 weeks. If you do not qualify or your SSP entitlement is coming to an end we will give you a form SSP1 telling you why.
- If sickness absence is or appears to be caused by a third party and damages are or may be recoverable, you must immediately tell of that fact and of any claim, settlement or judgment made or awarded in connection with it. If we require you to do so, you must co-operate in any related legal proceedings and refund to us that part of any damages or compensation you recover that relates to lost earnings for the sickness absence we have paid you for.
- Any employer and employee pension contributions will continue subject to the relevant scheme rules during any period of SSP.
Returning to Work After Sickness Absence
- If you have been on sick leave for more than five days we will arrange for you to have a return-to-work interview with to confirm the details of your absence and to raise any concerns or questions. The contents of any certificate from your doctor stating you 'may be fit for work' will also be discussed at an informal return-to-work interview.
- We are committed to helping employees return to work from long-term sickness absences. As part of our sickness absence meetings procedure we will, where appropriate and possible, support a return to work after long-term sickness by:
- obtaining medical advice;
- making reasonable adjustments to the workplace, working practices and working hours;
- considering redeployment; and/or
- agreeing a return-to-work programme.
- If you are unable to return to work in the longer term, we will consider whether you are entitled to any benefits under your contract and/or any insurance schemes we operate.
Sickness Absence Meetings Procedure
- We will follow this procedure whenever we feel it is necessary, including where:
- you have been absent due to illness on a number of occasions;
- the contents of a return-to-work interview need further discussion; and/or
- you have been absent for more than ten consecutive days.
- will usually give you at least two days' written notice of why the meeting is being called, the date, time and place of a sickness absence meeting. This notice will give you a reasonable opportunity to consider what will be discussed before the meeting takes place.
- You may bring a companion with you to the meeting (a colleague or trade union representative unless we, in our absolute discretion, allow for you to bring someone else to assist in overcoming difficulties caused by a disability or understanding English). You must supply with the details of your companion at least 24 hours before the start of the meeting. Employees are allowed reasonable time off without loss of pay to act as a companion but are not obliged to. A companion may make representations, ask questions, and sum up your position, but will not be allowed to answer questions on your behalf. You may discuss relevant matters privately with your companion at any time during a meeting.
- Failure to attend a meeting or at least to make all reasonable steps to attend a meeting may be treated as misconduct. A meeting may be adjourned if:
- you or your companion are unable to attend at the time set for the meeting and you have immediately informed ;
- is awaiting receipt of information, needs to gather any further information or give consideration to matters discussed at a previous meeting; or
- you are given new information and so will be given a reasonable opportunity to consider this before the meeting is reconvened.
- Decisions, reasons for the decisions and your right of appeal will be confirmed in writing within 14 days of any meeting under this procedure (unless this is not practicable, when it will be provided as soon as is practicable).
Sickness Absence Meetings
- This is a first formal opportunity to discuss reasons for absence, how long an absence is likely to last, the likelihood of recurring absence, whether we should refer you to a doctor, what, if anything, we could do to assist with your attendance at work and when a further review should take place. You may be accompanied at this meeting by a companion, as set out in paragraph 26 of this policy.
- Further meeting(s) may be required to discuss:
- reasons for and impact of your ongoing absence(s);
- how long your absence is likely to last and the likelihood of further absences;
- seeking medical advice or considering advice already given and whether further advice is required;
- your ability to return to or remain in your job, looking at your capabilities and any reasonable adjustments we are able to make and looking at our business need;
- redeploying you to a role you could perform without any adjustments, or where we can assist in making reasonable adjustments in order that you could perform the role;
- any benefits you should be considered for if you are unable to return from long-term sickness absence; and
- action that will be taken and when a review and/or further meetings will be held.
Again, you may be accompanied at these meetings by a companion, as set out in paragraph 26 of this policy.
- After warning you that you are at risk of dismissal, we may invite you to a final sickness procedure meeting. You may be accompanied at this meeting by a companion, as per paragraph 26 of this policy.
- At a final sickness absence meeting, we may discuss the content of previous meetings, any changes since our last meeting under this procedure, which could impact on your return. We may discuss whether it is reasonable to expect you to return to work, the hours of work required and a reasonable timescale for this, as other relevant matters you would like to discuss. We may also discuss the possible termination of your employment at a final sickness absence meeting, which would normally be on full notice or payment in lieu of notice.
Appeals
- You may appeal in writing against the outcome of any meeting during this procedure, setting out your reasons, to within seven days of the date on which you were sent the decision. You may bring a companion to an appeal meeting (see paragraph 26).
- You will usually be given one week's written notice of an appeal meeting. If new matters are raised in an appeal more investigation may delay the meeting. If there is new information, you will be provided with a copy at least 24 hours before an appeal meeting so that you have a reasonable opportunity to consider it before the meeting.
- Where practicable, an appeal meeting will be conducted by a more senior manager than the individual who conducted the sickness absence meeting.
- Depending on the circumstances, an appeal meeting may be a complete rehearing of the matter or a review of the original decision.
- The final decision will be confirmed in writing, usually within one week of the appeal meeting. There will be no further right of appeal.
- The dismissal date will not be delayed whilst the outcome of an appeal is awaited. However, if the appeal is successful, the decision to dismiss will be overturned and there will be no loss of continuity or pay.
Attribution
- This sickness policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
About Sickness Policies
Learn more about making your Sickness Policy
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How to make a Sickness Policy
Making a Sickness Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Sickness Policy you will need the following information:
Employer details
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What is the employer’s name?
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What is the name of the person employees should report sickness absences to?
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What is the name of the employer’s first aider?
Enhanced sick pay
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Does the business offer enhanced sick pay? If so:
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Is there a minimum period of service with the business that’s required before the enhanced sick pay applies?
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For how many weeks are full salary and benefits paid during sickness absence in each year?
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Common terms in a Sickness Policy
Sickness Policies are used to manage sickness absences from work. To do this, this Sickness Policy template covers:
Statement and purpose of Policy
This section explains why the Sickness Policy is important, what it covers and who it applies to. It also explains why personal data is collected and how it will be treated by the employer.
This section also highlights that the Sickness Policy is a statement of policy only and can, therefore, be amended by the employer as and when it is deemed necessary.
Disabilities
This section encourages employees to contact a named individual if a condition affects their ability to do their job or if they are affected by a disability. It also highlights that the employer will consider such conditions or disabilities when carrying out sickness procedures.
Reporting sickness absence
This section sets out how sickness absences should be reported. This includes:
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who should be contacted
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how much notice should be given (where possible)
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when a Self-certification form is needed
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when a fit note is needed
Sick pay
This section sets out what sick pay employees will receive for absences due to illness. It covers both statutory sick pay (SSP) and enhanced sick pay (where the employer offers this).
Returning to work after sickness absence
This section sets out what steps should be followed when an employee returns to work after a sickness absence. It particularly highlights that, for any prolonged absences (ie absences of more than 5 days), a return-to-work interview should be conducted. The section explains why an interview is necessary.
Sickness absence meetings procedure
This section sets out when a sickness absence meeting may be called (eg because of frequent absences due to sickness). It also provides details of the process for calling such a sickness absence meeting, including how much notice employees will be given, who can accompany them to the meeting and the consequences of not attending the meeting.
Sickness absence meetings
This section provides details of the sickness absence meeting. Specifically, it provides information on what the meeting is for and what consequences the meeting may have.
Appeals
This section outlines an employee’s right to appeal against decisions made by the employer. This section provides details of the appeals process.
You can edit your document if you want your Sickness Policy to include further or more detailed provisions. However, if you do this, you may want a lawyer to review or change the Sickness Policy for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Sickness Policy
Avoid discrimination
When making decisions (especially disciplinary decisions) related to sickness absences, you need to make sure you avoid discrimination. It can be hard to determine what constitutes discrimination (and what may constitute an objective justification for certain discriminatory actions). For more information on discrimination, read Equal opportunities and discrimination, Disability and reasonable adjustments and the EHRC’s Employment Statutory Code of Practice. You can also Ask a lawyer for assistance.
Consider offering enhanced sick pay
While you don’t have to offer enhanced sick pay to your employees, it is a good way to show your workforce that they are valued and to help retain talent. For employees, enhanced sick pay offers financial stability in the event of an illness as employees can take time off work without worrying about reducing their income. This may help improve their health and help them to return to work more quickly.
For employers, offering enhanced sick pay can help foster a positive working environment. Enhanced sick pay can help to reduce turnover and increase employee satisfaction, leading to higher levels of engagement, productivity and loyalty.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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this document doesn’t meet your needs
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you need advice on employees based outside England, Wales and Scotland
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an employee’s absence relates to a disability
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Sickness Policy FAQs
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What is included in a Sickness Policy?
This Sickness Policy template covers:
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what the policy is intended to achieve
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how to report sickness absence
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Fit for Work assessments and Return to Work Plans
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the sick pay an employee can expect to receive whilst absent
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returning to work after sickness
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the sickness absence meeting procedure
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Why do I need a Sickness Policy?
Although there is no legal requirement for an employer to have a Sickness Policy, it is highly recommended that employers should have a written procedure for managing sickness absences that employees and staff members can refer to. This helps to clarify from the outset the relevant expectations, roles, and process, so that everyone is clear about their obligations and what action they should be taking.
By providing a clear outline of how sickness-related absences should be reported, employers ensure that their workforce understands the rules around taking time off work due to illness. Similarly, by using a Policy to summarise sickness statutory rights and when employees will receive Statutory Sick Pay (SSP), employers may gain the confidence of their workforce.
For more information, read Managing sickness absence and Sick pay.
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Who should employees contact to report sickness absences?
It is usual for an employer's Human Resources (HR) department or employees’ line managers to handle sickness absences. However, it is also possible to use an external organisation to provide initial sickness absence management.
For more information, read Managing sickness absence.
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What is the first aid requirement?
Employers must provide a first-aid assistance at work. Low-risk organisations such as small offices should, at the very least, have a first-aid box and a person appointed to take charge of first-aid arrangements. Employers must provide information about first-aid arrangements to their employees. Workplaces with more significant health and safety risks may need a trained first-aider and may need to carry out health and safety assessments.
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What is Statutory Sick Pay?
Statutory Sick Pay (SSP) is the minimum amount that employers must pay employees. It is set by the Government. Employees get SSP for the days they would have normally worked. Employees must also satisfy certain statutory requirements to be eligible for SSP. For more information, read Sick pay.
SSP rates change yearly. You can check the current rates for SSP on the Government’s website.
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What are the eligibility requirements for SSP?
To qualify for SSP you must:
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be classed as an employee and have done some work for your employer
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have been ill for at least 4 days in a row (including non-working days)
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earn at least £123 (before tax) per week (as of April 2023), and
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tell your employer you're sick before their specified deadline (or within 7 days if they don't have one)
SSP is only available for a maximum of 28 weeks and cannot be used in conjunction with Statutory Maternity Pay.
For more information, read Sick pay.
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What if an employee doesn't qualify for SSP?
If an employee doesn’t qualify for SSP, their employer will need to provide them with an SSP1 form. The employee can use this to apply for Employment and Support Allowance. For more information, see the Government’s guidance.
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How do I pay SSP?
SSP commences on the fourth consecutive day an employee is absent from work. This includes any days the employee doesn’t normally work (eg weekends). SSP is paid in the same way as normal wages (eg weekly or monthly) and tax and national insurance contributions will be deducted in the same way.
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What is enhanced sick pay?
Enhanced sick pay, also known as ‘contractual sick pay’ or ‘occupational sick pay’, is an employer’s own sick pay scheme. Enhanced sick pay goes above and beyond what is necessary under the law. For example, employers may pay enhanced sick pay at 100% of employees’ usual wages for a certain number of days (eg 10 days over one year).
For more information, read Sick pay.
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How much is enhanced sick pay?
Enhanced sick pay can be set at any limit on top of SSP, or you can provide full salary and benefits for a set period of time. Contractual sick pay cannot be less than SSP. For more information, read Sick pay.
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What are the eligibility requirements for enhanced sick pay?
As enhanced sick pay is not legally required, any additional eligibility requirements may be imposed at the employer's discretion. For example, you can set a minimum period of service with the business that’s required before employees can benefit from enhanced sick pay.
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Should I offer enhanced sick pay?
Although there is no need to offer enhanced sick pay, many employers consider enhanced sick pay a valuable part of their benefits package. It can help to attract and retain good employees and boost staff morale and loyalty.
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What is a return-to-work interview?
A return-to-work interview is an interview designed to welcome an employee back after a certain period of sickness. It checks that the employee is well enough to continue working. It is also used to find out the reason for the sickness absence and to see whether any changes need to be made.
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What is a fit note?
Employees who have been absent for more than 7 consecutive days must give their employer a 'fit note'. This note is given by a healthcare professional (eg a doctor or nurse) and indicates whether an employee is 'not fit for work' or 'may be fit for work'. A fit note allows employers and employees to discuss any arrangements and changes that need to be made to accommodate the employee’s return to work.
For more information, read Fit notes.
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What happens if an employee is persistently absent?
If an employee is persistently absent and the return-to-work interviews are not helping, it may be necessary to agree on trigger points with your employees. These trigger points should set out when repeated absences will lead to formal action. For more information, read Managing sickness absence.
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Can I dismiss someone who is persistently absent?
Although you may want to dismiss an employee for repeated or extended sickness absences, you should be aware of the potential for unfair dismissal and disability discrimination (under the Equality Act 2010). This is especially important when an employee may be absent due to a disability-related issue. For more information, read Managing sickness absence. Due to the complexity of dismissing someone due to repeated or extended sickness absences, you should Ask a lawyer before taking any steps.
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What should I do if an employee is off with a long-term illness?
Handling long-term sickness absences requires a careful and sympathetic approach, especially if the illness is serious or related to mental health. You may need to add more provisions in your Sickness Policy to deal with long-term absences. Ask a lawyer for more information.
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