Taking sick leave

Employees can take time off work if they鈥檙e ill. They need to give their employer proof if they鈥檙e ill for more than 7 days.

If they鈥檙e ill just before or during their holiday, they can take it as sick leave instead.

This guide is also available in Welsh (Cymraeg).

Fit notes and proof of sickness

Employees must give their employer a 鈥榝it note鈥� (sometimes called a 鈥榮ick note鈥�) if they鈥檝e been ill for more than 7 days in a row and have taken sick leave. This includes non-working days, such as weekends and bank holidays.

The fit note will say the employee is either 鈥榥ot fit for work鈥� or 鈥榤ay be fit for work鈥�.

If it says the employee 鈥榤ay be fit for work鈥�, employers should discuss any changes that might help the employee return to work (for example, different hours or tasks). The employee must be treated as 鈥榥ot fit for work鈥� if there鈥檚 no agreement on these changes.

Employers can take a copy of the fit note. The employee should keep the original.

Getting a fit note

Employees can get a fit note from the following healthcare professionals:

  • GP or hospital doctor
  • registered nurse
  • occupational therapist
  • pharmacist
  • physiotherapist

The healthcare professional needs to assess the employee鈥檚 fitness for work before giving a fit note.

Fit notes are free if the employee has been ill for more than 7 days when they ask for one. The healthcare professional might charge a fee if the employee has been ill for 7 days or less.

Other proof of sickness

If their employer agrees, the employee can use a similar document called an Allied Health Professional (AHP) Health and Work Report instead. Someone working in any of the following occupations can provide this:

  • Art Therapist
  • Dramatherapist
  • Chiropodist
  • Dietitian
  • Music therapist
  • Occupational therapist
  • Operating Department Practitioner
  • Orthoptist
  • Osteopath
  • Orthotist
  • Paramedic
  • Physiotherapist
  • Podiatrist
  • Prosthetist
  • Radiographer
  • Speech and language therapist

A physiotherapist or occupational therapist will give either a fit note or AHP Health and Work Report depending on the employee鈥檚 needs. The AHP Health and Work Report cannot be used to apply for Employment and Support Allowance (ESA).

Self-certification

If employees are off work for 7 days or less, they do not need to give their employer a fit note or other proof of sickness from a healthcare professional.

When they return to work, their employer can ask them to confirm they鈥檝e been off sick. This is called 鈥榮elf-certification鈥�. The employer and employee will agree on how the employee should do this. They might need to fill in a form or send details of their sick leave by email.

Sick leave and holiday

Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they鈥檙e off).

Any statutory holiday entitlement that is not used because of illness can be carried over into the next leave year. If an employee is ill just before or during their holiday, they can take it as sick leave instead.

An employee can ask to take their paid holiday for the time they鈥檙e off work sick. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply.

Employers cannot force employees to take annual leave when they鈥檙e eligible for sick leave.

Pay

When an employee changes their holiday to sick leave they鈥檙e paid Statutory Sick Pay which will count towards the amount of holiday pay they鈥檝e received. The exceptions to this rule are:

  • they do not qualify for Statutory Sick Pay
  • they were off work sick and being paid 鈥榦ccupational sick pay鈥�

Returning to work

Employers must make changes to an employee鈥檚 working conditions if they鈥檙e disabled. These changes are known as 鈥榬easonable adjustments鈥� and could include working shorter hours or adapting equipment employees use at work.

Employees can get on managing health conditions at work and returning to work from sick leave.

Long-term sickness

Employees who are off work sick for more than 4 weeks may be considered long-term sick. A long-term sick employee is still entitled to annual leave.

Dismissing a long-term sick employee

As a last resort, employers can dismiss an employee who is long-term sick, but before they can do this employers must:

  • consider if an employee can return to work - such as by working flexibly or part-time, doing different or less stressful work (with training if necessary)
  • consult with employees about when they could return to work and if their health will improve

An employee can take their case to an employment tribunal if they think they鈥檝e been unfairly dismissed.