What is Sick Leave?

Most employers will have dealt with staff who are too ill to work. In these situations, they may request to take time off – or ‘sick leave’.

Employers must ensure they follow the correct process for managing employees off work sick. With the right steps, you’ll be able to support them during their absence – encouraging a speedy, healthy, and lawful return to work.

Mismanaging an employee’s sick leave could indirectly worsen their health conditions. Employers could end up paying compensation, losing staff, and facing reputational damage to their business. For further advice, contact one of our expert HR advisors free of charge today. 

In this guide, we'll look at what sick leave is, how many days it lasts, and what the process is for short and long-term sick leave.

What is sick leave?

Sick leave is when an employee takes time off from work due to illness or injury. This can include physical injuries, like muscle fatigue; as well as psychological illnesses, like stress. Sick leave is usually a paid form of leave, where employees are offered statutory sick pay or occupational sick pay.

Employees may use a sickness absence for a day or two. Other times, it might take them over a week to recover. Whilst they’re on sick leave, employers have a legal duty to provide them with any necessary statutory rights during this time. This can include things like paying sick pay or helping them return to work.

When do employees take sick leave?

Employees can present an array of reasons for taking sick leave. It's important for employers to deal with each absence objectively and appropriately. Some of the most common reasons for employees taking sick leave include:

Minor illness: This can include things like colds, stomach aches, and migraines. These illnesses might seem small, but they add to a majority of absences – impacting overall business productivity and revenue.

Mental health: One of the most common illnesses reported by employees relates to mental health issues. This is often found within 'white-collar' businesses where the work demand can be mentally strenuous and incessant.

Musculoskeletal injuries: From back pain to pulled muscles, it's hard to deal with these illnesses – and predict when people will get better. They’re commonly reported in laborious workplaces, like in the construction or transport industry.

Medical appointments: When an employee has to attend a medical appointment, it can be reported through sick leave days. This might include things like dentist, optometrist, or GP appointments.

Pregnancy-related issues: Employees who are expecting a baby are more likely to take sick leave. Pregnant-related sick leave may include things like attending GP appointments or taking time off to rest.

What is the difference between short-term and long-term sick leave?

When an employee falls sick, it can be categorised as either a short-term or long-term sickness leave. Here are the differences between the two terms:

Short-term sick leave

Short-term sick leave is when an employee is off work sick for a week or less. They can provide a self-certification which explains what their condition involved. Employees are allowed to self-certify for the first seven days of their sick leave. This includes non-working days, like weekends and bank holidays.

A self-certification can be presented verbally or in writing (like an email) to an employer. Alternatively, employees can use the HMRC's SC2 form; but this isn’t a legal requirement.

Long-term sick leave

Long-term sick leave is when an employee is off work sick for longer than a week. They’ll need to request a fit note from a certified health professional, like a hospital doctor, GP, or nurse. The fit note will outline what the employee’s sickness is, an estimation for recovery, and whether they’re capable of working or not.

It's important to note whilst a fit note discloses ill-health, the 'Fit for Work Scheme' no longer exists as of 2025. Instead, employers should discuss a 'Return to Work Plan' which can be used in the same way as a fit note (if the proper criteria are met).

How many sick leave days are employees allowed?

There isn’t a legal number of sick leave days an employee can use. However, many employers often set their own acceptable amount.

Sick leave days should be calculated based on the business’s work conditions and practices. For example, employees in construction may need additional rest days to recover. So, you could allow them to use 10 days of sick leave per year.

Can employees take sick leave during a notice period?

Yes, an employee can take sick leave during a notice period. This is regardless of whether they're leaving on their own accord or through redundancy.

If the employee resigns and is given statutory minimum notice, they should get full pay for the notice period.

What happens if an employee falsely uses sick leave?

In some situations, you might face employees using sick leave but aren’t actually sick. This isn’t illegal; so, during such times, refer to your sick leave policy on what actions to take. If you suspect an employee has falsified their sick leave, you can:

• Ask them to explain their sickness and potential length of absence.
• Request medical evidence, like self-certification or fit notes. (Remember, this depends on the type and length of the sickness).
• Hold a return-to-work meeting to establish conditions and treatment.
• Explain repeated absences that affect business productivity may lead to a further period of investigation.

Employers can also use disciplinary measures for unauthorised or fraudulent absences, like demotions and suspensions (but only through lawful practices). It’s important to note that long-term sick leave can relate to a disability which you cannot penalise against.

Get expert advice on sick leave with Peninsula

It’s normal for people to fall sick from time to time; that’s why employers need to stay on top of managing these absences. Make sure you provide all necessary benefits and rights to employees on sick leave.

Peninsula offers expert advice on sick leave. We also offer 24-hour HR advice – helping employees get better and return to work safely. Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.

Sources

Ask your employer for Statutory Sick Pay | GOV