They might need to fill in a form or send details of their sick leave by email. 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. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply.
The exceptions to this rule are:. Employees can get advice from Acas on managing health conditions at work and returning to work from sick leave. 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.
As a last resort, employers can dismiss an employee who is long-term sick, but before they can do this employers must:. Your employer must give you written information about their sick leave policy. They will assess your situation. The draft scheme will introduce:. To be entitled to paid sick leave under the new scheme, you must be working for your employer for at least 6 months. You will also need to be certified by a GP as unfit to work.
The Government has also stated that self-employed people will be able to get either Illness Benefit or Supplementary Welfare Allowance.
If your employer has had to reduce your hours or close the business and you have been temporarily laid off, you can get information in our document on lay-off and short-time working.
You can apply for Illness Benefit while you are also getting sick pay. But if your employer already provides sick pay, they will probably ask you to sign over any Illness Benefit payment to them for as long as the sick pay continues. If you are not sure whether you can get sick pay, you should ask your employer or look at your contract of employment. If you do not get sick pay although it is in your contract or terms of employment, you can complain under the Payment of Wages Act.
Use the online complaint form on workplacerelations. Your employer may ask you for a medical certificate from your GP when you are on sick leave. For example, you may have to provide a medical certificate if you are off sick for more than 2 days in a row.
Patients self certify for this period. If a patient or employer requests certificates for periods of less than seven days, the GP is entitled to charge a fee.
A useful rule change in was that these assessments can be conducted face to face, by telephone or issued after considering a written report from another doctor or healthcare professional. The duty to provide a fit note rests with the doctor who at the time has clinical responsibility for the patient. There is specific guidance for hospital doctors to avoid unnecessary referrals to GPs solely for the purpose of sickness certification. The rules here are clear.
In the first six months of a condition, the fit note can cover a maximum of three months. After that, it can be any clinically appropriate period. Dates are inclusive, so a fit note from 1 to 2 January no longer applies from 3 January onwards. Backdating is possible in certain situations and this was clarified in the March guidance.
If it is based on an earlier assessment, you enter that date in the 'date of assessment' field. If a condition has affected function for some time without a previous fit note, an estimated date of onset is entered in the 'this will be the case from' field. You cannot issue future start dates.
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