As an employer, you must understand your obligations towards employees on sick leave — including statutory or contractual sick pay and appropriate levels of contact during their absence.

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Poor management of sickness absence can lead to claims for discrimination, breach of duty or unfair dismissal.

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1. Sick pay – SSP and contractual sick pay

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Statutory Sick Pay (SSP)

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Employees may qualify for SSP if they:

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• are classed as employees,

• earn at least the lower earnings limit,

• are off sick for at least 4 consecutive days.

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SSP is paid by the employer for up to 28 weeks.

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Contractual sick pay

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Some employers offer enhanced sick pay.

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If so, it must be applied consistently and in line with the employment contract.

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2. Contact during sickness absence

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Employers should maintain reasonable and sensitive contact with employees on sick leave.

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This includes:

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• regular but non‑intrusive check‑ins,

• avoiding pressure to return,

• adjusting contact frequency depending on the illness,

• keeping records of conversations.

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Too much contact may be seen as harassment, while too little may be viewed as neglect.

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3. Fit notes and evidence of incapacity

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• Employees can self‑certify for the first 7 days.

• After that, employers may require a fit note.

• Occupational health assessments may be appropriate in long‑term cases.

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4. Long‑term sickness and disability

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If the illness may amount to a disability under the Equality Act 2010, employers must:

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• consider reasonable adjustments,

• avoid discrimination arising from disability,

• work collaboratively with the employee and occupational health.

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Adjustments may include:

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• flexible hours,

• remote work,

• amended duties,

• phased return to work.

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5. Managing sickness absence

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Employers should have a clear policy covering:

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• reporting sickness,

• evidence requirements,

• return‑to‑work meetings,

• trigger points,

• long‑term absence management.

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Inconsistent application increases legal risk.

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6. How I help employers

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• drafting sickness and absence policies,

• advising on SSP and contractual sick pay,

• managing long‑term sickness cases,

• supporting disability‑related issues,

• representing employers in sickness‑related disputes.