Drafting a Sickness Absence Policy (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

When it comes to establishing a sickness absence policy, the Genie AI team are firm believers that it should not be taken lightly. From its legal requirements to its practical implications, having a comprehensive policy in place is not only necessary from a legal standpoint but can have a great impact on the productivity of your business.

Understandably, before setting out such an important policy, you must first understand what your responsibilities and obligations are under UK law. The Employment Rights Act 1996 and Working Time Regulations 1998 require employers to follow certain protocols when it comes to allowing staff time off for health reasons - such as stipulating how much paid and unpaid leave they can take and any particular notice periods which may be required - so it’s essential that you’re aware of these specific guidelines before drafting your own document.

It is also worth considering how the implementation of this policy will affect your organisation, ensuring any absences don’t negatively impact upon day-to-day operations or leave other employees overstretched during somebody’s illness. Additionally, if possible within the scope of legislation, all cases should be treated fairly and uniformly; any disputes can then more easily be resolved with minimal disruption due to everyone being aware of their rights beforehand.

On top of this, as time passes laws tend to change and evolve; so regular reviews must be carried out on your policies in order for them to remain up-to-date at all times. By following these steps diligently you’ll have created a sickness absence policy tailored perfectly for the needs of both yourself and those employed by you – one which respects all parties’ rights while still enabling seamless operation within the workplace regardless of who may or may not present at any one time due to illness or injury.

At Genie AI we’re passionate about helping businesses like yours stay informed so we’ve put together our own step-by-step guide on drafting an effective sickness absence policy as well as providing access to our community template library – allowing anyone with internet access draft high quality documents without requiring legal assistance – so why not read on below for further information?

Definitions (feel free to skip)

Statutory Sick Pay (SSP): An entitlement from the government for employees who meet certain eligibility criteria, such as working for their employer for at least four days in a row and earning an average of at least £118.00 per week.

Contractual Sick Pay: Additional pay provided by the employer beyond the amount of SSP.

Sickness Absence Policy: Guidelines set out by an employer that outlines expectations for employees and processes for reporting and monitoring absences.

Valid Absence: A legitimate illness or injury, or other circumstance, that qualifies for sick leave.

Medical Evidence: Documentation or proof from a medical professional that confirms an employee’s illness or injury.

Disciplinary Action: A consequence imposed by an employer to address employee misconduct.

Accommodations: Adjustments made to an employee’s working environment to provide support or assistance.

Mental Health: A person’s emotional, psychological, and social wellbeing.

Disability: A physical or mental impairment that limits a person’s ability to perform normal activities.

Persistent and Excessive Absences: Frequent absences that occur repeatedly and are deemed to be excessive.

Root Cause: The underlying reason for an issue or event.

Rewards System: A program that gives employees incentives for meeting certain goals or expectations.

Trade Union and Labour Relations (Consolidation) Act 1992: A UK law that sets out regulations about employee representation.

Contents

• Overview of UK employment laws related to sickness absence
• Explanation of the types of sick leave available to employees
• Detailed guidelines on how employers should create and implement a Sickness Absence Policy
• Defining what constitutes a valid absence
• Setting out expectations for returning to work
• Outlining the process for reporting absences
• Establishing the process for monitoring absences
• Procedures for managing short-term and long-term sickness absence
• Maintaining regular contact with employees on leave
• Scheduling follow-up meetings with employees on leave
• Assessing if additional support is needed
• Requesting medical evidence and documentation
• Suggestions for addressing employee absences due to mental health and disability
• Respecting employee privacy
• Providing flexible working hours
• Offering additional support and resources
• Tips for dealing with persistent and excessive absences
• Monitoring absences closely
• Investigating the root cause of the absences
• Implementing disciplinary action when necessary
• Advice on how to prevent future absences
• Providing clear expectations for employees
• Encouraging open communication
• Implementing a rewards system
• Guidance on how to communicate the Sickness Absence Policy to employees
• Holding a formal training session
• Reiterating key points in periodic staff meetings
• Posting a copy of the policy on an intranet or in a public area
• Recommendations for creating a culture of health and wellbeing in the workplace
• Overview of any additional employment laws relevant to sick pay and absences in the UK

Get started

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FAQ:

Q: What are the considerations for drafting a sickness absence policy in a small business?

Asked by Talia on 31st March 2022.
A: When drafting a sickness absence policy in a small business, the main considerations are to ensure that the policy is legally compliant and fits the needs of your business. This means covering all relevant legal requirements, such as those outlined within the Employment Rights Act 1996, and making sure the policy reflects your organisation’s culture and values. Additionally, it’s important to ensure that the policy is clear and easy to understand for both employers and employees.

Q: Are there any specific differences between UK and US sickness absence policies?

Asked by Elijah on 15th April 2022.
A: There are several differences between UK and US sickness absence policies, including differences in legal requirements and employee entitlements. In the US, there are no federal laws that require employers to provide paid sick leave, though some states have implemented their own legislation on this. In the UK however, statutory sick pay is provided by employers for up to 28 weeks in any 3-year period. Additionally, in some cases additional employee entitlements may be provided depending on state or company regulations.

Q: Are there any specific requirements for including an occupational health provider in a sickness absence policy?

Asked by Genesis on 12th April 2022.
A: Including an occupational health provider in a sickness absence policy can be beneficial for employers as they can provide support to employees who have taken a period of sickness leave and who may need help returning to work. Depending on your specific circumstances there may be specific requirements to consider when including an occupational health provider in a sickness absence policy. For example, employers should ensure that any occupational health provider chosen meets the relevant standards of care outlined by their relevant regulator or governing body and is suitable for the needs of their organisation.

Q: What legal requirements must be included in a sickness absence policy?

Asked by Scarlett on 21st April 2022.
A: There are several different legal requirements which must be included in a sickness absence policy if you are based in the UK. These include statutory sick pay (SSP) as outlined within the Employment Rights Act 1996, as well as your duties under the Working Time Regulations 1998 regarding rest breaks and maximum working hours. Additionally, you must also consider any other relevant legislation such as Access to Work or other relevant disability discrimination laws which may apply to your organisation.

Q: Are there any specific differences between EU and UK regulations for sickness absence policies?

Asked by Caleb on 23rd April 2022.
A: There are several differences between EU and UK regulations for sickness absence policies which employers must take into account if they operate within both jurisdictions. Within the EU, employers must adhere to regulations outlined within the Working Time Directive 2003 which sets out minimum rest periods and maximum weekly working hours for all EU member states. Additionally, there may also be additional country-specific laws which apply in certain jurisdictions which may need to be taken into account when drafting a sickness absence policy in both EU and UK contexts.

Q: Are there any additional employee rights which should be considered when drafting a sickness absence policy?

Asked by Riley on 24th April 2022.
A: When drafting a sickness absence policy it is important to consider any additional employee rights which may apply depending on individual circumstances or sector. For example, employee rights related to disability discrimination or maternity/paternity leave should be taken into account when drafting a sickness absence policy, as well as any other sector-specific legislation or industry standards which may apply to your particular situation or organisation type (e.g., B2B or SaaS). Additionally, it’s important to consider any collective agreements or contract terms which might be relevant when drafting a sickness absence policy.

Q: What should be included in an employee handbook when it comes to explaining a company’s sickness absence policy?

Asked by Abigail on 25th April 2022.
A: When it comes to explaining a company’s sickness absence policy within an employee handbook it’s important to include clear information about what is expected of employees when they take time off due to illness or injury, including details about statutory sick pay (SSP) entitlements and how employees can notify their employer of their illness/injury in accordance with their organisation’s procedures. It’s also important that employees are made aware of any other entitlements they may have regarding sick pay or alternative options such as short-term disability benefits if applicable, as well as how the company deals with cases of long-term illness or injury which may require additional support from Occupational Health providers or other external services if necessary. Additionally, it’s important that employees understand how their organisation deals with cases of abuse or misuse of sick leave as this should also be addressed within an employee handbook so that all parties understand their obligations clearly from the outset.

Q: How often should an employer review its sickness absence policy?

Asked by Mia on 17th May 2022.
A: It is recommended that employers review their sickness absence policies at least once every two years to ensure they remain up-to-date with any changes in legislation or industry standards which could affect their particular situation or organisation type (e.g., B2B or SaaS). Additionally, reviews should also take into account any feedback from employees about how effective the current policy is in addressing issues around absenteeism so that improvements can be made where necessary if/when required. Regular reviews are essential for ensuring that policies remain fit for purpose and legally compliant at all times so it is important that employers make sure they keep track of review dates and make changes when appropriate so that their organisation remains protected at all times from potential legal action due to outdated policies or processes not being adhered too correctly.

Q: What specific requirements must employers consider when dealing with long-term illnesses under its sickness absence policy?

Asked by Jameson on 8th June 2022.
A: When dealing with long-term illnesses under its sickness absence policy employers must consider several different requirements depending on individual circumstances and sector/organisation type (e.g., B2B or SaaS). Firstly, it is important that employers understand their obligations under employment law regarding reasonable adjustments for disabled employees so that they can ensure they are providing adequate support where necessary throughout all stages of employment including during periods of long-term illness/absence from work due to disability-related issues such as mental health problems or chronic physical illnesses etc… Additionally, it’s important that employers understand their obligations regarding consultation with Occupational Health providers where necessary so that appropriate support plans can be put into place before an affected employee returns back to work after taking extended periods of leave due to illness/injury etc… Employers should also ensure they provide sufficient resources for line managers so that they can adequately support affected employees throughout their return-to-work process ensuring adequate consideration is given at all times for each individual case where appropriate…

Q: Is it necessary for employers to refer employees with short-term illnesses/injuries directly to Occupational Health providers?

Asked by Noah on 1st July 2022.
A: Employers do not necessarily need to refer employees with short-term illnesses/injuries directly to Occupational Health providers but this can be beneficial if an employer feels additional support would be beneficial either during an employee’s period of illness/absence from work due disability related issues such as mental health problems or chronic physical illnesses etc., or upon their return back into work after taking extended periods of leave due to illness/injury etc… Referring employees directly to Occupational Health providers can provide additional support during each stage of this process ensuring adequate consideration is given at all times for each individual case where appropriate…

Q: How can employers ensure proper compliance with UK law regarding statutory sick pay (SSP) entitlements?

Asked by Emma on 5th August 2022.
A: To ensure proper compliance with UK law regarding statutory sick pay (SSP) entitlements it’s important that employers understand their obligations under employment law so that they can make sure they are providing adequate support throughout all stages of employment including during periods of long-term illness/absence from work due disability related issues such as mental health problems or chronic physical illnesses etc… It’s also important for employers to make sure that their staff are aware of SSP entitlements so that they understand what they are entitled too during periods of ill health as well as ensuring accurate records are kept relating too SSP payments made etc… Additionally, it’s important that employers make sure they comply with HMRC regulations regarding SSP payments so that they remain compliant at all times and do not face potential penalties due too non-compliance with relevant legislation etc…

Example dispute

Lawsuits Referencing Sickness Absence Policy

• Plaintiff may raise a lawsuit if their employer has violated the sickness absence policy outlined in the employment contract.
• This could include denying an employee’s right to take a leave of absence due to illness or injury, or retaliating against an employee for taking such a leave.
• The plaintiff must provide evidence of the employer’s violation of the policy, such as emails, documents, or other forms of communication that show the employer’s actions.
• The plaintiff may be able to reach a settlement with their employer, such as receiving monetary compensation for lost wages or damages caused by the employer’s actions.
• Alternatively, the plaintiff may pursue a civil lawsuit for a violation of their rights under the law.
• Damages may include back pay, lost wages, emotional distress, or punitive damages, depending on the circumstances of the case.

Templates available (free to use)

Comprehensive Sickness Absence Policy

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