Creating a Sickness Policy (UK)

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Also note: This is not legal advice.

Introduction

Having a comprehensive sickness policy in place is vital for all organizations conducting business in the UK. Without one, employers may face costly legal claims after breaching employment rights legislation, and employees could be left without a clear understanding of their rights. Furthermore, having a legally compliant policy can help protect an organization’s reputation and manage the financial costs associated with employee sickness.

The Employment Rights Act 1996 states that employers must give reasonable notice to any changes to terms of employment, which includes any changes to sickness policies. As such, it is essential that companies keep their existing policies up-to-date to ensure they remain compliant with the law.

Without a clear policy in place, employees may be treated unfairly and misunderstand their rights during times of illness. This can lead to loss of morale among staff or even legal challenges from those feeling they have been wrongly treated or discriminated against. To prevent these issues arising, organizations should strive to set out a thorough yet concise policy which clearly outlines what an employee can expect during periods of absence due to illness or injury.

Having an effective sickness policy also helps protect an organization’s reputation as it demonstrates that its management team is taking steps towards creating a healthy working environment for all its staff. Not only should the document outline how ill health will be addressed but it should also provide details on how employee wellbeing will be monitored and promoted within the workplace setting; providing guidance on managing physical and mental health issues is key here too.

Ultimately though, preventing unexpected bills associated with employee absences is another important reason why having a robust sickness policy in place makes sense; tracking costs associated with illness allows employers greater control over budgeting for sick days while providing employees peace of mind regarding pay during periods of absence caused by ill health or injury.

At Genie AI we believe that creating your own legally sound sickness document shouldn’t have to cost businesses exorbitant fees - there are plenty of free downloadable templates available online today - so why not visit our community template library today for step-by-step guidance and access our free collection? With millions of datapoints teaching Genie’s AI what constitutes market-standard practice when it comes to drafting legal documents like this you don’t need any specialist knowledge; just follow our instructions under each template heading and you’ll soon produce high quality documents specific to your needs without breaking the bank - no Genie AI account required! So take advantage now - read on below for more information!

Definitions (feel free to skip)

Statutory Sick Pay (SSP): A payment made by an employer to an employee who is unable to work due to illness or injury.

Healthy and Safe Working Environment: Procedures and guidelines that are put in place to ensure employees are safe and healthy while they are working.

Reasonable time off: The amount of time an employee is legally allowed to be absent from work.

Occupational health: A branch of medicine that focuses on the prevention and treatment of workplace-related illnesses and injuries.

Compliant: Meeting the required standards or regulations.

Disciplinary action: A form of punishment taken by an employer against an employee for violating a policy.

Occupational health and safety requirements: Regulations and standards that must be met to ensure employees are safe and healthy while they are working.

Medical certificates: A document that is issued by a medical professional that proves an employee is ill or has an injury.

Flexible working arrangements: Agreements between an employer and employee that allow an employee to work outside of normal working hours.

Training and development opportunities: Programs and activities that help employees to develop their skills and knowledge.

Compensating: Paying someone for their losses.

Evidence: Information that is used to support a claim or an argument.

Contents

• Understanding the basics of employee sick leave and absence
• Including the legal rights of employees and employers in the UK
• Assessing the business’ and employee needs when it comes to employee sick leave and absence
• Establishing clear roles and responsibilities for managing employee sick leave and absence
• Including who is responsible for approving and monitoring employee absences
• Defining how the business will handle and record sick leave and absences
• Outlining the process for addressing recurring or long-term absences
• Establishing a system for managing and compensating employees for lost wages due to illness
• Clarifying the expectations for employees to remain in contact with the business if they are absent for a period of time
• Explaining the disciplinary process for employees who abuse the sick leave and absence policy
• Outlining any specific provisions, such as occupational health and safety requirements, that must be met
• Identifying any policies that the business must adhere to in order to remain compliant with UK law
• Developing a system for tracking and monitoring employee absences
• Creating an attendance policy that outlines the expectations for employee absences
• Establishing a procedure for submitting and approving employee leave requests
• Developing a plan to address employees on extended leave, such as maternity or disability leave
• Outlining the process for managing medical certificates and other evidence of illness
• Defining the process for communication between the business and employees who are absent due to illness
• Creating a system to ensure that employees are monitored for any occupational health issues
• Establishing a process for providing additional support or resources to employees who are on long-term sick leave
• Explaining the procedure for appealing disciplinary action related to sick leave and absence
• Defining the process for reviewing the sick leave and absence policy on a regular basis

Get started

Understanding the basics of employee sick leave and absence

• Research the UK’s statutory sick pay (SSP) rules and other relevant laws
• Understand the legal rights of both employers and employees regarding sickness, including the legal obligation of employers to pay SSP
• Become familiar with any relevant regulations regarding employee absence and sickness
• Understand the requirements for employees to provide proof of sickness, including when and how they should provide it
• When you have a clear understanding of the UK’s legal framework concerning employee absence and sick leave, you can check this off your list and move on to the next step.

Including the legal rights of employees and employers in the UK

• Research the legal rights of employees and employers in the UK when it comes to sick leave
• Make sure the policy reflects any mandatory requirements from legislation
• Ensure that the policy reflects the minimum legal rights of employees in the UK
• Include any other relevant legal requirements such as those from the Equality Act 2010
• Ensure the policy does not exceed the legal requirements

Once you have researched the legal rights of employees and employers in the UK and included these in the policy, you can move on to the next step.

Assessing the business’ and employee needs when it comes to employee sick leave and absence

• Gather information on the business’ and employee needs when it comes to employee sick leave and absence
• Analyze the information collected and identify any gaps in the current system
• Identify any areas where a policy could help to provide clarification and support
• Set aside time for an employee forum or survey to understand what employees need from a sickness policy
• Assess any existing policies, regulations and procedures and identify any areas that need to be improved
• Make a list of requirements, regulations and provisions that need to be included in a sickness policy

Once you have gathered and analyzed the information, you can check this step off your list and move on to the next step: Establishing clear roles and responsibilities for managing employee sick leave and absence.

Establishing clear roles and responsibilities for managing employee sick leave and absence

• Create a job description for each role involved in managing employee sickness, including the responsibilities of each.
• Designate a manager who has the authority to approve or deny employee absences.
• Decide how often the manager should receive and review reports on employee absences.
• Establish a procedure for employees to follow when they want to take sick leave they are entitled to.
• Decide how the organisation will respond to long-term absences.

You’ll know you can move on to the next step once you have established clear roles and responsibilities for managing employee sick leave and absence.

Including who is responsible for approving and monitoring employee absences

• Identify the people who will be responsible for approving and monitoring employee absences
• Determine who will record the absences and maintain records of the employee’s absences
• Establish a process by which employees must report their absences, such as an online form or email
• Make sure that the person responsible for approving absences is aware of the rules and regulations surrounding employee sickness
• Ensure that employees are aware of who they should contact in the event of an illness
• Make sure that the process for approving absences is fair and consistent

When you have identified the people responsible for approving and monitoring employee absences, established a process for employees to report their absences, and made sure that all employees are aware of who to contact in the event of an illness, you can check this step off your list and move on to the next step.

Defining how the business will handle and record sick leave and absences

• Decide on the level of evidence required for an employee to be eligible for sick leave, e.g. a doctor’s note or self-certification
• Set out how often the employee will need to provide evidence of their sickness
• Establish any additional processes or procedures to be followed in the event of an employee’s absence due to sickness, such as informing their manager or supervisor
• Decide whether the employee will be eligible for pay during the period of sickness, or if the business has a ‘no pay’ policy
• Set out how long an employee’s sickness will be recorded for and how it will be recorded
• Outline any additional entitlements that the employee may be entitled to during the period of sickness, such as Statutory Sick Pay or any other company benefits

You can check this off your list and move on to the next step when you have determined the level of evidence required for an employee to be eligible for sick leave, set out how often the employee will need to provide evidence of their sickness, established any additional processes or procedures to be followed in the event of an employee’s absence due to sickness, decided whether the employee will be eligible for pay during the period of sickness, set out how long an employee’s sickness will be recorded for and how it will be recorded, and outlined any additional entitlements that the employee may be entitled to during the period of sickness.

Outlining the process for addressing recurring or long-term absences

• Draft and communicate a procedure to be followed when an employee has a recurring or long-term absence due to illness
• Outline the process for medical assessments and/or tests, if applicable
• Establish a timeline for when the employee must provide medical evidence for their absence
• Consider any reasonable adjustments that may be necessary to support the employee
• Lay out the process for determining when a long-term absence becomes classed as a disability
• Define the process for returning to work, including a phased return and any reasonable adjustments
• When you have drafted a suitable procedure, share it with the employee to ensure that it is understood
• Check off this step when you have communicated the procedure to the employee.

Establishing a system for managing and compensating employees for lost wages due to illness

• Assess the best way to manage paid leave for employees:
• Consider using a system such as the Statutory Sick Pay (SSP) system
• Decide if the employee is eligible to receive SSP
• Outline the process for how employees can apply for SSP
• Determine the duration of SSP payments
• Determine the process for employees who are not eligible for SSP:
• Calculate the number of days the employee will be absent
• Review the company’s existing policies regarding paid and unpaid leave
• Consider the company’s financial ability to pay employees while they are on sick leave
• Review any government or industry regulations related to sick leave
• Document the sickness policy and make sure it is communicated to all employees
• Develop a system to track employee absences due to illness

Once you have established the system for managing and compensating employees for lost wages due to illness, you can check it off your list and move on to the next step.

Clarifying the expectations for employees to remain in contact with the business if they are absent for a period of time

• Establish an expectation that employees should contact their supervisor or manager if they are going to be absent for more than two days in a row
• Create a policy that requires employees to inform their supervisor of their expected return date, or provide an update if it changes
• Set a deadline for when employees are required to contact the business, such as within the first 24 hours of their absence
• If employees are absent for an extended period, establish a requirement that they must call in once a week to keep their supervisor informed of their progress
• Once you have clarified your expectations for employees to remain in contact with the business if they are absent for a period of time, you can check this off your list and move on to the next step of explaining the disciplinary process for employees who abuse the sick leave and absence policy.

Explaining the disciplinary process for employees who abuse the sick leave and absence policy

• Identify the different roles and responsibilities of managers in disciplining employees who abuse the sick leave and absence policy.
• Document the disciplinary process for each level of the organization, from warnings to dismissal.
• Ensure that the disciplinary process is carried out in a fair, consistent, and transparent manner.
• Set out the details of any disciplinary action that may be taken for each case.
• Ensure that any disciplinary action taken is proportionate to the offence.
• Make sure that all employees are aware of the disciplinary process and their rights within it.

Once you have identified the different roles and responsibilities of managers in disciplining employees who abuse the sick leave and absence policy, documented the disciplinary process for each level of the organization, and set out the details of any disciplinary action that may be taken for each case, you can check this off your list and move on to the next step.

Outlining any specific provisions, such as occupational health and safety requirements, that must be met

• Review applicable legal requirements, such as the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999
• Consider any additional occupational health and safety requirements that may be applicable to your business, such as the Manual Handling Operations Regulations 1992
• Identify any other relevant health and safety regulations, such as the Control of Substances Hazardous to Health Regulations 2002
• Make sure you are aware of your obligations as an employer under the Working Time Regulations 1998
• Ensure that you are compliant with the Access to Work Scheme, if applicable

You can check this off your list when you have identified all applicable occupational health and safety requirements, as well as any other relevant health and safety regulations, and have ensured that you are compliant with those regulations.

Identifying any policies that the business must adhere to in order to remain compliant with UK law

• Research any applicable UK laws and regulations that your business must adhere to when creating a sickness policy.
• Look into the details of the Working Time Regulations 1998 and any other laws or regulations that may affect your business.
• Consult with a qualified legal advisor or HR professional to ensure that you are meeting all of the necessary requirements.
• Make a list of all of the policies and regulations that your business must adhere to in order to remain compliant.

Once you have identified all of the policies and regulations that your business must adhere to in order to remain compliant, you can check this step off your list and move on to the next step in creating the sickness policy.

Developing a system for tracking and monitoring employee absences

• Determine the data you need to collect in order to track and monitor employee absences, such as the dates of absences, the reasons for absence, and any other relevant information.
• Develop a system for tracking, such as a spreadsheet or online database.
• Train managers and supervisors on how to use the tracking system.
• Establish a process for reporting absences and keeping records.
• Check in with HR and/or managers periodically to ensure that the system is being used correctly.

Once you have developed a system for tracking and monitoring employee absences and have trained managers and supervisors on how to use it, you can check this step off your list and move on to creating an attendance policy.

Creating an attendance policy that outlines the expectations for employee absences

• Establish the acceptable reasons for taking time off work, such as sickness, personal emergencies, family emergencies, and holidays
• Outline the required procedures for notifying the business of absences, such as providing a doctor’s note, or a family member’s contact details
• Set out the consequences of unauthorised absences, such as disciplinary action
• Establish how much notice is required for planned absences, such as holidays
• Set out the maximum number of days that can be taken off for each type of absence
• Define what constitutes a ‘sick day’, and how many days can be taken
• Make sure the policy complies with the law, and any relevant industry regulations
• Make sure to include details of how medical information will be kept confidential

How you’ll know when you can check this off your list and move on to the next step:

Once you have established the acceptable reasons for taking time off, outlined the required procedures for notifying the business of absences, set out the consequences of unauthorised absences, established how much notice is required for planned absences, set out the maximum number of days that can be taken off for each type of absence, defined what constitutes a ‘sick day’, and made sure the policy complies with the law, your sickness policy is complete and you can move on to the next step.

Establishing a procedure for submitting and approving employee leave requests

• Create a leave request form that outlines the information needed to process a leave request, such as details on the type of leave, the start and end date, and contact information
• Set up a system that allows employees to submit leave requests electronically
• Establish a timeline for when employees need to submit their leave requests
• Put together a process for reviewing and approving leave requests (e.g. who will review the requests and when)
• Develop a policy on how to handle leave requests that are submitted with insufficient or incomplete information
• Determine a procedure for tracking and monitoring approved leave requests
• Establish a system for notifying employees of their approved leave requests

Once these steps have been completed, you can move on to the next step in creating a sickness policy: developing a plan to address employees on extended leave, such as maternity or disability leave.

Developing a plan to address employees on extended leave, such as maternity or disability leave

• Hold a meeting with key stakeholders to discuss the plan
• Outline the process for managing leave requests
• Consider what type of leave should be granted and how long it should last
• Establish a procedure for determining when leave can begin and when it must end
• Set out the necessary steps that must be taken by the employee and the employer before, during, and after the leave period
• Create a plan for returning employees to work after their extended leave
• Discuss potential support systems that could be put in place to help employees transition back into work
• Ensure that all employees are aware of the plan and any new policies or procedures that have been implemented
• When the plan is finalized, document it and make it available to all employees
• Check off this step and move on to the next step: Outlining the process for managing medical certificates and other evidence of illness.

Outlining the process for managing medical certificates and other evidence of illness

• Establish a clear policy on how medical certificates should be presented and received
• Create a procedure for submitting medical certificates and other evidence of illness
• Ensure all evidence is kept confidential
• Check the authenticity of all medical certificates and other evidence of illness
• Detail any disciplinary action that may follow if medical certificates are not provided
• Outline the procedure for dealing with any issues or disputes regarding medical certificates
• Make sure all employees are aware of the policy

Once you have outlined the process for managing medical certificates and other evidence of illness, you can check it off your list and move on to the next step.

Defining the process for communication between the business and employees who are absent due to illness

• Establish a clear and consistent communication protocol between the business and employees who are absent due to illness.
• Set out a timeline for when the business should expect an update from the employee and when the employee should expect to hear from the business.
• Ensure that employees have access to a designated contact for any questions or concerns.
• Outline the type of information to be shared between the business and employee during the communication process.
• When appropriate, provide the employee with information on additional services that are available to them.
• Check that all relevant policies and procedures are up to date and in line with the communication process.

Once all the above steps have been completed, this task can be checked off the list and the next step can then be taken.

Creating a system to ensure that employees are monitored for any occupational health issues

• Create a system of monitoring employees’ health that adheres to the Health and Safety at Work Act 1974
• Develop a process for monitoring employees’ health which is regularly reviewed and updated
• Ensure that all employees are made aware of the system of monitoring their health and the responsibilities associated with it
• Establish a system for responding to any health issues that may arise in the workplace
• Create a system for reporting any health issues or concerns to the relevant authorities
• When these steps are completed, you can move on to the next step: Establishing a process for providing additional support or resources to employees who are on long-term sick leave.

Establishing a process for providing additional support or resources to employees who are on long-term sick leave

• Create a policy outlining the support and resources that can be provided to employees on long-term sick leave
• Determine who will be responsible for providing this additional support and resources such as HR, managers and/or occupational health professionals
• Develop a process for monitoring and evaluating the effectiveness of the additional support
• Ensure that all relevant staff are aware of the additional support and resources which are available
• Review the policy annually to ensure that it remains up-to-date
• Monitor the use of additional support and resources to identify any potential issues

Once you have created a policy outlining the support and resources that can be provided to employees on long-term sick leave, determined who will be responsible for providing this additional support and resources, developed a process for monitoring and evaluating the effectiveness of this additional support, ensured that all relevant staff are aware of the available additional support and resources, reviewed the policy annually and monitored the use of additional support and resources to identify any potential issues, you can check this off your list and move on to the next step of explaining the procedure for appealing disciplinary action related to sick leave and absence.

Explaining the procedure for appealing disciplinary action related to sick leave and absence

• Outline the process for appealing disciplinary action related to sick leave and absence
• Set out any time limits for appeals
• Specify who can appeal and who can hear the appeal
• Clarify what constitutes a valid appeal
• Identify any other relevant information related to the appeals process
• Make sure the appeals process is clearly written and accessible.

When you can check this off your list:

• When you have created and clarified the procedure for appealing disciplinary action related to sick leave and absence.

Defining the process for reviewing the sick leave and absence policy on a regular basis

• Establish a timeline for when the policy should be reviewed
• Appoint a relevant person to lead the review
• Gather feedback from employees and other stakeholders
• Consider any changes to the policy based on the feedback
• Put the revised policy out for consultation
• Finalize the policy and circulate the updated version
• Assess how the policy is working and adjust as necessary
• Once the process is complete, you can check this off your list and move on to the next step.

FAQ:

Q: How do I create a sickness policy that complies with UK law?

Asked by William on April 26th, 2022.
A: To create a sickness policy that complies with UK law, you need to ensure that it meets the legal requirements of the Employment Rights Act 1996, which outlines the employee rights and responsibilities in the UK. Additionally, you’ll need to be aware of the Working Time Regulations 1998 and the National Minimum Wage Act 1998. It’s also best practice to consult the Acas Code of Practice on Discipline and Grievance and make sure you’re up-to-date with any relevant case law. To ensure that your policy is compliant, it’s important to seek professional legal advice from an experienced employment lawyer or HR consultant.

Q: Are there any differences in creating a sickness policy for the UK vs USA or EU?

Asked by Emily on May 5th, 2022.
A: Yes, there are some subtle differences when it comes to creating a sickness policy for the UK vs USA or EU. In general, the UK has stricter employee rights than other jurisdictions and tends to be more protective of its citizens’ rights. For example, in the US, employers are not obligated to provide paid sick leave or pay for overtime, whereas in the UK employers must follow regulations regarding these issues. Additionally, the UK has more comprehensive laws regarding discrimination and harassment than other jurisdictions. It is important to consult with an experienced employment lawyer or HR consultant to ensure you are compliant with all relevant laws in each jurisdiction.

Q: What should I consider when creating a sickness policy for my industry/sector/business model?

Asked by Logan on June 16th, 2022.
A: When creating a sickness policy for your industry/sector/business model it is important to carefully consider all relevant laws and regulations as well as your particular company’s culture and needs. Depending on your sector or business model there may be additional relevant laws or regulations that must be considered. For example, if you operate in an industry regulated by health and safety law then you must take into account any relevant requirements when creating your policy. Additionally, depending on your company culture and needs you may wish to include provisions such as flexible working arrangements or remote working options that allow employees to better manage their own health and wellbeing while ensuring they continue to meet their obligations to your business.

Q: Are there any specific rules I should be aware of when creating a sickness policy for my business?

Asked by Olivia on July 23rd, 2022.
A: When creating a sickness policy for your business it is important to be aware of all relevant laws and regulations as well as best practice guidelines from organisations such as Acas (Advisory, Conciliation and Arbitration Service). Additionally, there are some specific rules which must be taken into account when creating a sickness policy such as how long an employee can take off due to illness before disciplinary action is taken and how sick pay should be calculated if applicable. It is also important to include provisions in your policy around confidential medical information such as who has access to it and how it will be stored securely if applicable. Finally, it is essential that you consult with an experienced employment lawyer or HR consultant who can help ensure your policy is legally compliant and meets the needs of both your business and employees.

Example dispute

Lawsuits Referencing Sickness Policy

• A plaintiff might raise a lawsuit referencing a sickness policy if they believe their rights as an employee have been violated.
• The lawsuit could reference relevant legal documents such as the Employment Rights Act 1996 and the Working Time Regulations 1998 to demonstrate how their rights have been infringed.
• The plaintiff would need to provide evidence of the information or actions which resulted in the suit being raised. This could include not being allowed to take necessary time off work due to sickness, or not being paid sick pay.
• Settlement could be reached between the plaintiff and the company, or the case may go to court, where a judge would decide the outcome.
• If damages are awarded, they could be calculated based on the amount of time off work taken due to sickness and the amount of sick pay the plaintiff should have been entitled to.

Templates available (free to use)

Basic Workplace Absence And Sickness Policy
Sickness Policy

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