HR Glossary
Sick Leave
What is Sick Leave?
Sick leave refers to the authorised absence from work due to illness, injury, or health-related issues. Its primary purpose is to allow employees to recover without the pressures of their work responsibilities while ensuring that the workplace remains productive and safe. By granting sick leave, employers acknowledge the importance of employee wellbeing, minimising the risk of further health deterioration and reducing the potential spread of contagious conditions among colleagues.
Sick leave is a fundamental aspect of workplace health management, providing employees with the opportunity to take time off when they are unwell. It not only supports individual recovery but also contributes to maintaining a healthy working environment by preventing the spread of illness.
What Qualifies as Sick Leave?
Sick leave is generally granted for any condition that temporarily renders an employee unfit to perform their duties. This includes a broad range of health issues. For example, common physical illnesses such as colds, the flu, respiratory infections, or gastrointestinal disturbances are typical reasons for taking sick leave. If a condition is contagious or significantly reduces your ability to work, it usually qualifies as sick leave.
Physical injuries, like a sprained ankle or a minor fracture, can also be valid grounds for sick leave if they impede your capacity to work safely or effectively. Equally important are mental health conditions. Increasingly, issues such as severe stress, anxiety, or depression are recognised as legitimate reasons for taking time off, as they can substantially affect your performance and wellbeing.
In addition, there are instances where a chronic condition might flare up and temporarily worsen, making it difficult to fulfil work responsibilities. In such cases, even though the condition is ongoing, the acute exacerbation can justify sick leave. Ultimately, the specifics of what qualifies may vary between organisations, so it is advisable to consult your company’s policies or speak with HR for detailed guidance.
How Many Days Sick Leave Do You Get Per Year?
In the UK, there isn’t a one-size-fits-all number to how many sick days you get; instead, your entitlement depends on statutory provisions as well as your employer’s specific policies. Many organisations have a predefined period during which self certification is acceptable, often up to seven consecutive calendar days. Should the sick leave extend beyond this period, a formal medical certificate from a healthcare professional may be required.
Under UK law, employees who meet the eligibility criteria are entitled to Statutory Sick Pay (SSP) for up to 28 weeks if they are unable to work due to illness. It is important to note that SSP is designed as financial support during periods of sickness rather than a limit on the number of days you can take off. Many employers go further by offering their own sick leave policies that may include enhanced benefits or additional paid sick days. Some companies might set a fixed number of fully paid sick days for short-term absences, while others may allow for more flexible arrangements, often dependent on self certification for periods up to seven consecutive calendar days.
Return-to Work Considerations
Returning to work after a period of sick leave should be managed with care to ensure that the employee is fully recovered and able to resume their duties safely. Some employers may require a fitness-for-work certificate or a brief meeting with a manager or occupational health advisor before allowing the employee to return. This measure not only safeguards the health of the returning employee but also maintains the overall productivity and wellbeing of the team.
Can You Be Fired While on Sick Leave?
Generally, you cannot be fired solely because you are on sick leave. Under employment law, being on sick leave is a protected circumstance, and dismissing you solely due to your illness may constitute unfair dismissal. However, if your absence is long-term and you are genuinely unable to perform the essential functions of your role, an employer may eventually consider a dismissal on grounds of capability. In such cases, the employer must follow a fair and rigorous process, including proper medical assessments and discussions about potential adjustments or alternative roles, before any dismissal is considered. Dismissing an employee purely for taking sick leave, without following this careful procedure, would likely be deemed unlawful.
Can You Be Made Redundant While on Sick Leave?
Redundancy is a separate process that occurs when a role is no longer required due to changes in the business, such as restructuring or economic downturns. Being on sick leave does not, in itself, provide a basis for redundancy. However, if a company is undergoing a genuine redundancy process, you may be included alongside your colleagues regardless of your sick leave status. The key point is that the decision to make you redundant must be based on the business needs and not your health. If an employer selects you for redundancy specifically because you are on sick leave, or if your absence has been used as a factor in the redundancy decision, this could be considered discriminatory and potentially unlawful.