How Long Can You Be Off With A Sick Note?

Sick leave can be tricky. You might wonder how long you can stay off work with a sick note. In the UK, you can self-certify for up to 7 days. After that, you need a fit note from a doctor.

This blog will explain the rules and your rights. Read on to learn more about sick leave.

Key Takeaways

• You can self-certify for up to 7 days off work without a fit note.
• After 7 days, you need a fit note from a doctor to stay off work.
• Fit notes can cover up to 3 months in the first 6 months of illness.
• Statutory Sick Pay (SSP) can last up to 28 weeks if you qualify.
• The Equality Act 2010 protects workers with long-term health issues from unfair treatment.

Understanding Sick Leave Regulations

Sick leave rules can be tricky. A fit note is a key document in this process. It helps both workers and bosses understand time off for illness.

What is a fit note?

A fit note is a doctor’s note. It tells your boss if you can work or not. GPs, hospital doctors, and other health pros can give you one. You need it if you’re off work for more than 7 days in a row.

A fit note helps both employees and employers manage health at work.

Fit notes show if you’re “not fit for work” or “may be fit for work“. They can suggest changes to help you return. These might include different hours or tasks. Your boss doesn’t have to follow these tips, but they should think about them.

General rules of the fit note

Fit notes have clear rules. A doctor or nurse can give you one if you’re ill for more than seven days. They’ll say if you’re “not fit for work” or “may be fit for work“. If it’s the second, they might suggest ways to help you work.

This could mean shorter hours or different tasks.

You don’t need to pay for a fit note if you’ve been sick for over a week. The note can cover up to three months in the first half-year of your illness. Your boss must follow what the fit note says.

They can’t force you to work if the note says you’re not fit. Next, let’s look at how to get a fit note.

Acquiring a Fit Note

Getting a fit note is easy for short absences. You can self-certify for up to seven days. For longer time off, you’ll need to see your GP.

Self-certification for short-term absences

For short-term sick leave, you can self-certify. This means you don’t need a fit note for the first seven days off work. You just tell your boss you’re ill. It’s a simple way to handle brief illnesses.

After seven days, you’ll need a fit note from a doctor. This rule helps both workers and bosses. It lets people recover from minor bugs without fuss. But it also makes sure longer absences are checked by a pro.

Self-certification empowers employees to manage their health responsibly.

Procedures for obtaining a fit note for longer absences

Self-certification works for short absences. Longer absences need a fit note from a doctor.

• Get a fit note if you’re off work for more than 7 days
• Book an appointment with your GP or hospital doctor
• Explain your symptoms and how they affect your work
• The doctor will assess if you’re fit to work
• They may suggest changes to help you return to work
• Fit notes can cover up to 3 months in the first 6 months
• You don’t have to pay for a fit note
• Your employer can’t ask for one before 7 days off
• Give the fit note to your employer as proof of illness
• Keep a copy for your records

Duration of Sick Leave Before Dismissal

Long-term sickness can lead to job loss. Employers must think hard before firing someone on sick leave.

Definition of long-term sickness

Long-term sickness is not a fixed term. It often means being off work for four weeks or more. This can vary based on the job and the illness. Some firms may see it as long-term after just two weeks.

Others might wait longer, up to eight weeks.

Employers need to know what counts as long-term sickness. It helps them plan and support staff better. For workers, it’s key to know their rights. After four weeks off, they may need extra help to return to work.

This could mean changes to their role or work space.

Employer’s considerations for dismissal

Employers must think hard before firing a sick worker. They need to look at how long the person has worked for them. A long-term employee might get up to a year off sick. But a new hire may not get as much time.

Bosses should also check if the illness counts as a disability. If it does, they must try to make changes to help the worker do their job.

Firms can’t just sack someone for being ill. They must follow fair steps first. This means talking to the worker and getting medical advice. They should see if there’s any way to help the person return to work.

Only if nothing else works can they think about letting the employee go.

Rights and Protections Under Sick Leave

Sick leave comes with key rights. You can get Statutory Sick Pay for up to 28 weeks if you qualify.

Statutory Sick Pay eligibility and duration

Statutory Sick Pay (SSP) helps workers who can’t do their job due to illness. You can get SSP if you’re an employee and earn at least £123 a week. It starts from the fourth day you’re off sick and can last up to 28 weeks.

Your boss must pay you £109.40 per week for SSP. This amount is set by the government and can change each year.

To claim SSP, you need to tell your boss you’re sick. For the first seven days, you can self-certify. After that, you’ll need a fit note from a doctor or nurse. SSP isn’t paid for the first three days you’re off – these are called ‘waiting days’.

If you’re not eligible for SSP, you might be able to get Employment and Support Allowance instead.

Protections under the Equality Act 2010

The Equality Act 2010 guards workers with long-term health issues. It stops unfair treatment at work due to illness or disability. This law covers many health problems, like cancer and mental health issues.

Employers must make fair changes to help sick staff keep working. These could be things like changing work hours or tasks.

Workers can’t be fired just for being ill. The Act says this is wrong. It gives staff the right to ask for help at work. If bosses don’t follow these rules, they might face legal trouble.

The Act aims to make work fair for everyone, no matter their health status.

Conclusion

Sick notes assist employees in taking time off when unwell. Policies differ, but most companies permit reasonable leave. Extended illness may continue for months or up to a year. Employees have entitlements during this period.

It’s essential to communicate with your employer and physician about your requirements. Your health is the priority – take the necessary time to recover.

FAQs

1. How long can a fit note last?

A fit note from a healthcare professional can last up to 3 months. For longer periods, you may need an assessment from occupational health or a specialist.

2. Can I get holiday pay while off sick?

Yes, you can accrue annual leave while on sick leave. This applies even if you’re on a zero-hours contract or receiving Employment and Support Allowance (ESA).

3. What if my employer won’t accept my sick note?

If your boss refuses a valid fit note, it could be grounds for constructive dismissal. Consult an employment law expert or the Solicitors Regulation Authority (SRA) for advice.

4. Do I need to see my GP for a fit note?

Not always. Other healthcare professionals in primary or secondary care can issue fit notes. This includes hospital doctors and occupational therapists.

5. Can my employer ask about my medical condition?

They can, but you’re not obliged to share details. Employers should focus on reasonable adjustments to help you return to work, not pry into your health issues.

6. Will being off sick affect my pension?

It shouldn’t impact your pension scheme… unless you’re off for a very long time. National Insurance contributions continue during paid sick leave, protecting your benefits.