Introduction
Are you feeling unwell and unsure about how to claim sick pay? This simple guide will help you understand your rights and responsibilities regarding sick leave, ensuring you know exactly what to do when you’re unable to work. If you need further assistance, Contend’s highly trained AI legal experts are here to help you navigate the complexities of sick pay and resolve any legal issues you may face. With Contend, getting legal help in the UK has never been easier.
When you’re feeling unwell and can’t make it to work, it’s important to know how to navigate the process of getting sick pay. Here’s a straightforward guide to help you understand your rights and responsibilities when it comes to sick leave.
What to Do When You’re Sick
First and foremost, your employer should inform you about their procedures for reporting sickness. This includes:
- When to notify them about your illness
- What details you need to provide
If you’re unsure about the process, don’t hesitate to ask your employer directly. You can also check your employee handbook or your company’s intranet for guidance.
Understanding Sick Pay
There are two types of sick pay you might receive:
- Statutory Sick Pay (SSP): This is the basic sick pay you’re entitled to by law.
- Contractual Sick Pay (CSP): This is any additional sick pay your employer may offer beyond the statutory amount.
Be sure to check if your company has any specific rules about CSP.
Following the Rules
If you don’t follow your employer’s sick leave policy, you could face consequences. While you should still receive your SSP, you might miss out on any extra pay your contract allows, and in some cases, you could risk losing your job.
If You’re Not Informed
If your employer hasn’t provided any information about how to report your sickness, here’s what you should do:
- Notify your employer right away that you’re sick and unable to work.
- Inform them of when your illness began, including any non-working days.
You will need to confirm your illness in writing, which is known as “self-certification.” Make sure to do this within 7 days of notifying your employer. You can use the employee’s statement of sickness form on GOV.UK.
If you’re sick for more than 7 days, you’ll need a doctor’s note, which is often referred to as a “fit note.”
Your Employer’s Limitations
Your employer cannot impose unreasonable demands on you regarding your sickness notification. For example, they cannot:
- Require you to report your illness by a specific time of day.
- Force you to contact them more than once a week.
- Demand a doctor’s note until you’ve been sick for over 7 days.
- Insist on a specific form for reporting your illness.
- Refuse to accept someone else reporting your sickness if you’re too ill to do so.
If your employer tries to deny your SSP based on any of these conditions, there are steps you can take to challenge this.
Getting a Fit Note
If you’re off work for more than 7 days, you’ll need a fit note from a healthcare professional. This could be from:
- Your GP or a hospital doctor
- A registered nurse
- A pharmacist
- An occupational therapist
- A physiotherapist
Make sure your fit note is signed (if it’s printed) or includes the healthcare professional’s name (if it’s digital). Keep your fit note safe, as you may need it for future reference.
The fit note will state whether you’re unfit for work or if you might be fit for work with some adjustments.
Returning to Work
If your fit note indicates that you might be fit for work, your healthcare provider may suggest specific tasks you can do. If your employer can’t accommodate these recommendations, it’s best to stay off work and continue receiving SSP until you’re fully recovered.
If you believe you have a disability, your employer is legally required to make reasonable adjustments to help you return to work under the Equality Act.
Before returning to work, it’s a good idea to check in with your employer. They may want you to consult with occupational health first. You can typically find your employer’s return-to-work policies in your employee handbook or on their intranet.
Payment of Sick Pay
Sick pay, including both SSP and CSP, is usually paid in the same way as your regular wages, and you will need to pay tax and National Insurance on it.
Need More Help?
If you have more questions about sick pay or your rights at work, don’t hesitate to try Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Understanding your rights can make a big difference when you’re dealing with illness and work. Contend is the Easiest Legal Help in the UK.
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