Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Leila runs a small cafe in Manchester. One of her team members has called in sick three Mondays in a row, another has sent a vague text after their shift started, and Leila isn't sure when she can ask for a fit note or whether Statutory Sick Pay applies.
If that feels familiar, you're not alone. Sickness absence is one of those workplace issues that can become messy quickly when the rules are sitting in your head rather than in a written policy.
A clear sickness absence policy helps your team know what to do, helps you manage cover, and gives you a fair process if absence starts affecting the business.
What Should A Sickness Absence Policy Include?
A good sickness absence policy should explain how your team reports sickness, what evidence you need, how sick pay works, and how you'll manage repeated or long-term absence.
For a small business, the aim isn't to create a heavy handbook that no one reads. It's to set clear, practical rules so everyone knows what happens when someone is unwell.
Your policy should sit alongside your employment contracts, staff handbook and wider workplace policies. If your contract promises company sick pay, your policy needs to match it. If your policy says sick pay is discretionary, you should apply that discretion consistently and keep a record of why you've made each decision.
Sickness Absence Policy Template Outline
You can use the outline below as a starting point, but it isn't a finished legal document. A lawyer should tailor it before you use it, especially if you offer company sick pay, have shift workers, or need to manage disability-related absence.
- Purpose And Scope: Say who the policy applies to and that it covers both short-term and long-term sickness absence.
- Reporting Sickness: Set out who the employee contacts, how they contact you, and when they must do it.
- Self-Certification And Fit Notes: Explain when a self-certification form is enough and when a fit note is needed.
- Statutory Sick Pay And Company Sick Pay: Explain SSP eligibility and any extra sick pay your business offers.
- Keeping In Touch: Set sensible expectations for contact during absence without pressuring someone who is genuinely unwell.
- Return-To-Work Meetings: Describe when you'll hold them and what you'll discuss.
- Trigger Points: Set out when absence levels may prompt a review meeting.
- Disability And Reasonable Adjustments: Explain that you'll consider adjustments where absence may relate to a disability.
- Medical Advice: Say when you may ask for occupational health or medical input, with the employee's consent where needed.
- Confidentiality And Records: Confirm that sickness records and medical information will be handled securely.
- Misuse Of The Policy: Explain that false sickness reporting or failure to follow reporting rules may lead to action under your disciplinary policy.
Do You Have To Pay Statutory Sick Pay?
Yes, you usually need to pay Statutory Sick Pay if an employee meets the legal eligibility rules.
SSP is the minimum sick pay scheme for employees in the UK. The rules are administered through payroll and HMRC guidance, and the weekly rate normally changes each tax year. Your policy should say that SSP will be paid in line with the current statutory rules, rather than hard-coding a figure that may go out of date.
For absences starting on or after 6 April 2026, eligible employees can receive SSP regardless of their earnings. This means you shouldn't exclude someone simply because they earn below the old Lower Earnings Limit. SSP is paid at the lower of the flat weekly SSP rate and 80% of the employee's normal weekly earnings, worked out through payroll under the SSP rules.
An employee will usually qualify for SSP if they:
- are an employee and have started work for you
- are unable to work because of sickness and meet the current SSP eligibility rules
- tell you about their sickness within your reporting deadline, or within 7 calendar days if you don't set one
- haven't already used up their maximum SSP entitlement for that sickness absence
SSP can be paid for up to 28 weeks. For absences starting on or after 6 April 2026, SSP is paid from the first full day of sickness absence if the employee qualifies.
If a sickness absence started before 6 April 2026, transitional rules may apply. In that situation, check the rules that apply to that particular absence before processing pay.
Worked Example
Say Leila's employee, Sam, is due to work Monday to Friday and is off sick from Monday to Friday. The absence starts after 6 April 2026.
- If Sam qualifies for SSP, it may be payable from the first full day of sickness absence.
- The amount will be worked out under the current SSP calculation, using the lower of the flat weekly SSP rate and 80% of Sam's normal weekly earnings.
- Leila should process the SSP through payroll and keep a record of the absence dates and payments.
- Sam can self-certify for this absence because it lasts 7 calendar days or less.
If Sam is still sick on the following Monday, Leila can ask for a fit note because the sickness has gone beyond 7 calendar days.
If you offer company sick pay on top of SSP, be clear about how it works. For example, you might require employees to follow your reporting process, provide evidence when required, and attend return-to-work meetings. Those rules should be reasonable and consistent with the Employment Rights Act 1996, the Employment Rights Act 2025 changes to SSP, and ACAS guidance on handling absence fairly.
What Reporting Rules And Fit Notes Should You Use?
You should use reporting rules that are clear, reasonable and easy for your team to follow.
Your policy can require employees to tell you they're sick by a certain time, such as before their shift starts or by a set time in the morning. For small businesses, it often helps to be specific rather than saying notify management as soon as possible.
For example, you might say:
- the employee must phone their manager before their start time, unless they genuinely can't
- a text message is only acceptable if your manager has agreed to it
- the employee should explain the general reason for absence, the expected length of absence, and any urgent work that needs handover
- if the absence continues, the employee should update you daily or at agreed intervals
You don't have to accept vague messages like not coming in today without follow-up. You can ask for enough information to manage the workplace, but you shouldn't push for unnecessary medical detail.
Self-Certification And Fit Notes
For the first 7 calendar days of sickness, including weekends and non-working days, employees can usually self-certify. That means you shouldn't insist on a GP fit note during that first week for SSP purposes.
After more than 7 calendar days of sickness, you can ask for a fit note. Fit notes can be issued by doctors and certain other healthcare professionals. They may say the employee isn't fit for work, or may be fit for work if changes are made.
If a fit note says the employee may be fit for work, look carefully at the suggested changes. This might include amended duties, different hours, working from home under a remote work policy, or a phased return. If you can't reasonably make those changes, you can usually treat the employee as not fit for work for the period covered by the fit note.
Keep fit notes and sickness records securely. Health information is special category data under the UK GDPR and the Data Protection Act 2018, so access should be limited to people who genuinely need it.
How Should Return-To-Work Meetings And Trigger Points Work?
Return-to-work meetings should be used to check the employee is fit to return, update them on work, and spot patterns early.
They don't need to be formal or intimidating. In many small businesses, a 10 minute private conversation on the first day back is enough.
A return-to-work meeting can cover:
- the dates and reason for the absence
- whether the employee is now fit to return
- whether any temporary adjustments are needed
- any work updates they missed
- whether there are patterns or concerns to discuss
- whether further support, medical advice or a review meeting is needed
Keep a short written note. If absence later becomes a performance, capability or disciplinary issue, those notes can show that you've acted fairly and consistently.
Using Trigger Points Sensibly
Trigger points are absence levels that prompt you to review what's going on. They shouldn't automatically lead to warnings or dismissal.
For example, your policy might say you'll hold an absence review meeting if an employee has:
- 3 separate sickness absences in 6 months
- 10 working days of sickness absence in 12 months
- a pattern of absence before or after weekends, bank holidays or busy shifts
- any absence that affects health and safety or core business operations
Those numbers are examples only. The right trigger points depend on your industry, shift patterns and business size. A cafe with 8 staff may feel one unexpected absence sharply, while a software business with a flexible work policy may manage the same absence more easily.
If a trigger is reached, invite the employee to a meeting, explain the concern, listen to their explanation, and decide what happens next. Sometimes the answer is support. Sometimes it's clearer reporting rules. Sometimes you may need medical evidence or a formal process.
What If Sickness Is Linked To A Disability?
If sickness may be linked to a disability, you need to consider reasonable adjustments before taking action based on the absence.
The Equality Act 2010 protects employees from disability discrimination. A disability can include physical or mental health conditions that have a substantial and long-term effect on someone's ability to carry out normal day-to-day activities.
You don't need a perfect medical label before you take this seriously. If you know, or could reasonably be expected to know, that sickness absence may relate to a disability, you should pause and look at what adjustments may help.
Reasonable adjustments could include:
- adjusting absence trigger points for disability-related absence
- offering a phased return after a long absence
- temporarily changing duties, hours or start times
- allowing more breaks or flexible working arrangements under a flexible work policy
- providing equipment or workplace changes
- getting occupational health advice before making a decision
This doesn't mean you can never manage disability-related absence. It does mean you need a fair process, proper evidence and a genuine look at adjustments before warnings, capability action or dismissal.
For example, if Sam has 4 absences in 6 months because of migraine episodes, Leila shouldn't simply issue a warning because the trigger point has been crossed. A better approach is to meet with Sam, ask whether there's an underlying condition, consider medical input, and look at whether adjusted triggers or shift changes would help.
If dismissal is on the table, get tailored advice first. The practical risk is that a rushed decision can lead to an unfair dismissal or discrimination claim, as well as damage to team trust.
Common Mistakes To Avoid
Sickness absence policies go wrong when they're too vague, too harsh, or don't match what the business actually does.
Here are the mistakes we see small employers make most often:
- Relying On Verbal Rules: If your rules live in someone's head, staff may say they didn't know what to do. Put the process in writing and share it when someone starts.
- Copying A Generic Template Without Changes: A template might not fit your shift patterns, company sick pay rules, or disability adjustment process.
- Asking For Fit Notes Too Early: For ordinary sickness absence, employees can usually self-certify for the first 7 calendar days.
- Treating Trigger Points As Automatic Warnings: Triggers should start a conversation. They shouldn't replace judgment or a fair process.
- Ignoring Patterns: Frequent Friday or Monday absence, absence around rejected holiday requests, or repeated short absences may need careful follow-up.
- Forgetting Data Protection: Medical information should be stored securely, in line with your privacy policy, and only shared with people who need it for work reasons.
- Overlooking Disability: If absence may be linked to a disability, consider reasonable adjustments before moving to formal action.
One practical tip is to use the same basic process every time: record the absence, check evidence, hold a return-to-work chat, and decide whether a trigger has been reached. That consistency helps you manage fairly without making every absence feel like a major HR project.
Your policy should also explain what happens if someone doesn't follow the reporting rules. For example, unauthorised absence, false sickness reporting or refusing to provide reasonable evidence may be managed under your disciplinary policy. Keep this separate from genuine illness, so you're not punishing someone simply for being unwell.
Key Takeaways
- A sickness absence policy should cover reporting rules, self-certification, fit notes, SSP, return-to-work meetings, trigger points and disability adjustments.
- Employees can usually self-certify for the first 7 calendar days of sickness, and you can ask for a fit note after that.
- For absences starting on or after 6 April 2026, eligible employees can receive SSP regardless of income, paid at the lower of the flat weekly rate and 80% of normal weekly earnings.
- SSP can last up to 28 weeks and, for absences starting on or after 6 April 2026, is payable from the first full day of sickness absence if the employee qualifies.
- Trigger points should prompt a review, not an automatic warning.
- If sickness may relate to a disability, consider reasonable adjustments under the Equality Act 2010 before taking formal action.
If you'd like help with your sickness absence policy, employment contracts, staff handbook or absence management process, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.
Drafted by Taylor, Sprintlaw's AI, and overseen by Alex Solo. How we write
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