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2-minute read

25 Feb 2025

#compliance#blogs#sickleave#statutorysickpay...#ukemployment#holidayentitlement

In the UK, employees have the right to take time off work due to illness. There is no legal limit on the number of sick days an employee can take, but employers may have their own policies on long-term absence.

Employees can self-certify their sickness for up to 7 consecutive days, meaning they do not need to provide a doctor's note. However, if the absence lasts longer than 7 days, they must provide a fit note (also known as a sick note) from a registered healthcare professional.

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Sick Leave and Holiday Entitlement in the UK

British employees who become ill before or during their scheduled holiday can take sick leave instead. Additionally, statutory holiday entitlement continues to accrue while an employee is off work due to sickness, regardless of the duration. Employers are prohibited from requiring employees to use their annual leave when they are eligible for sick leave.

Statutory Sick Pay (SSP)

Employees who earn an average of at least GBP 123 per week and have been sick for three consecutive days are eligible for Statutory Sick Pay (SSP). The SSP rate is GBP 116.75 per week and is paid by the employer for up to 28 weeks.

If an eligible employee switches from holiday leave to sick leave, they are entitled to SSP, which will count toward their total holiday pay received.

Implications for Employers in the UK

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For employers, the UK's sick leave regulations mean they must carefully track employee absences and ensure compliance with statutory requirements. They need to process Statutory Sick Pay (SSP) accurately, maintain appropriate records, and make reasonable adjustments for disabled employees where necessary.

Employers should also have clear policies in place to manage sickness absence fairly and consistently while balancing business needs.

         

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