Sick Leave Policy UK: What Employers Must Know

Managing sick leave is one of the trickiest parts of running a UK business. Too lenient and you risk abuse; too strict and you risk discrimination claims. This guide covers everything you need to know about sick leave policies, statutory requirements, and best practices.

Statutory Sick Pay (SSP) — the legal minimum

All UK employers must pay Statutory Sick Pay (SSP) to eligible employees. The key rules:

• Rate: £116.75 per week (2025/26 rate — check HMRC for current year).
• Duration: Up to 28 weeks.
• Waiting days: SSP is not payable for the first 3 "qualifying days" of sickness.
• Eligibility: Employee must earn at least £123 per week (Lower Earnings Limit) and be off for 4+ consecutive days (including non-working days).

Many employers offer enhanced sick pay above SSP — this is entirely optional and should be detailed in your sick leave policy or employment contract.

When is a fit note required?

For absences of 7 calendar days or fewer, employees can self-certify — no doctor's note needed. For absences longer than 7 days, employees must provide a fit note (formerly "sick note") from their GP or hospital.

A fit note can say the employee is either "not fit for work" or "may be fit for work" with adjustments (amended duties, altered hours, workplace adaptations, or phased return).

What your sick leave policy should include

1. Notification procedure — who to contact, by what time, and how (phone, text, email).
2. Self-certification — how to self-certify for short absences (1–7 days).
3. Fit note requirements — when one is needed and where to send it.
4. SSP and company sick pay — what the employee will be paid and for how long.
5. Keeping in touch — how and when the employer will contact the employee during absence.
6. Return-to-work interviews — confirming these happen after every absence.
7. Trigger points — when absence levels will prompt a formal review (e.g., Bradford Factor thresholds).
8. Long-term sickness — what happens after extended absence, referral to occupational health, and capability procedures.

Return-to-work interviews

A return-to-work interview should happen after every absence, no matter how short. They serve several purposes:

• Welcome the employee back and check they're fit to work.
• Identify any underlying issues or workplace factors contributing to absence.
• Discuss any adjustments needed.
• Update the absence record.
• Act as a gentle deterrent against casual absence.

Leavely includes built-in return-to-work forms that attach directly to each absence record, creating a complete digital trail.

Using the Bradford Factor for sick leave management

The Bradford Factor (B = S × S × D) helps identify patterns of frequent short-term absence. Common trigger points:

Always consider context — disability-related absences should be excluded under the Equality Act 2010.

Managing long-term sickness absence

1. Keep in regular contact — agree a frequency that works for both sides.
2. Refer to occupational health — get professional advice on likely return date and adjustments.
3. Consider reasonable adjustments — amended duties, phased return, different hours.
4. Follow a capability process — if return is unlikely, follow a fair procedure before considering dismissal. Always take legal advice.
5. Document everything — keep records of all contact, medical advice, and decisions.

Common mistakes to avoid

• Applying Bradford Factor blindly — always investigate reasons before taking action.
• Not making reasonable adjustments — failing to accommodate disability-related absence is discrimination.
• Inconsistent treatment — applying different standards to different employees invites tribunal claims.
• No return-to-work interviews — skipping these means you miss important information and lose a deterrent.
• Tracking sick leave in spreadsheets — errors and missed patterns are inevitable. Use dedicated software.

How Leavely helps manage sick leave

• Sick leave tracking — separate leave type with its own reporting.
• Bradford Factor automatic — scores calculated from sick leave records, no manual work.
• Return-to-work forms — digital RTW interviews attached to each absence.
• Absence history — complete record per employee for reviews and tribunals.
• Manager notifications — automatic alerts when sick leave is reported.