Medical Leave Regulations UK: A Professional Compliance Guide
For UK professionals, managing medical leave correctly is a legal and operational necessity. This guide clarifies your obligations under the Employment Rights Act 1996, Social Security Contributions and Benefits Act 1992, and HSE regulations. You'll learn how to handle Statutory Sick Pay (SSP), fit notes, and return-to-work processes while staying compliant with HMRC and Building Regulations where relevant. Use this to protect your business and support your employees effectively.
1. Statutory Sick Pay (SSP) and Eligibility
SSP is the minimum you must pay eligible employees who are off sick for 4 or more consecutive days (including non-working days). From April 2024, the rate is £109.40 per week, paid for up to 28 weeks. Eligibility requires: employee has average weekly earnings at least £123 (Lower Earnings Limit), has started work, and provides notice (usually within 7 days). You cannot require a fit note for the first 7 days—only after that. Use HMRC's SSP calculator to ensure correct payments. Remember, SSP is not payable for the first 3 'waiting days' unless the employee has had recent sick leave within 8 weeks.
2. Fit Notes and Medical Evidence
After 7 days of sickness, you can ask for a 'fit note' (Med 3) from an NHS doctor or private practitioner. Fit notes can state 'not fit for work' or 'may be fit for work' with adjustments (e.g., phased return, altered hours). Legally, you must consider these adjustments under the Equality Act 2010 if the employee has a disability. If you reject a fit note's recommendations, you must document the business reasons. For self-certification, employees can use an SC2 form for the first 7 days. Keep all medical records confidential under GDPR and Data Protection Act 2018.
3. HMRC Reporting and Record-Keeping
You must record all sick leave and SSP payments for HMRC. Use the Full Payment Submission (FPS) to report SSP on or before each payday. If you claim SSP recovery (for COVID-19 or other reasons), use the EPS. Maintain records of sick days and SSP for 3 years after the end of the tax year. HMRC can audit your records; failure to keep proper records can lead to penalties. If an employee returns to work before the 4-day qualifying period, no SSP is due, but you still track the absence for HR purposes. For CIS and construction workers under Building Regulations, ensure SSP is handled correctly even if the worker is on a fixed-term contract.
4. HSE, Building Regulations, and Return-to-Work
The Health and Safety Executive (HSE) requires you to manage sickness absence risks, especially for roles involving manual handling or site work (under Construction (Design and Management) Regulations 2015). Conduct a risk assessment before an employee returns from long-term sick leave, and consider adjustments under the Equality Act. For 'not fit for work' scenarios, you must follow a fair process under the Employment Rights Act 1996 to avoid unfair dismissal claims. If absence is due to a workplace accident, report it under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). Building Regulations professionals—architects, surveyors—must also ensure their own fitness to practice; if you're a licensed professional, notify your professional body if sick leave affects your ability to certify work.
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Can I dismiss an employee who is on long-term sick leave in the UK?
Yes, but only after a fair process. You must consider reasonable adjustments under the Equality Act 2010, consult with the employee, obtain medical evidence (e.g., an occupational health report), and assess if the absence makes it impossible to run your business. If you dismiss without following this, you risk an unfair dismissal claim at an employment tribunal. Always document your decision and consider alternatives like redeployment.
What is the difference between SSP and Company Sick Pay?
SSP is the statutory minimum paid by all UK employers for up to 28 weeks. Company sick pay is an additional benefit you may offer, often contractual. If you offer company sick pay, it must be at least as good as SSP. You cannot reduce SSP to cover company sick pay unless your scheme is explicitly designed to do so. Check your employment contracts and staff handbook for terms.
Do I need to report sick leave to HMRC for employees on zero-hours contracts?
Yes, if the employee qualifies for SSP. For zero-hours workers, eligibility is based on average earnings over the last 8 weeks, not the contract type. If they earn at least £123 per week on average and are sick for 4+ days, you must pay SSP and report it via your FPS. If they don't qualify, you must issue an SSP1 form within 7 days of the qualifying day.
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