What are my rights if I call in sick?

As employees across the country prepare to call in sick this morning, Neha Thethi, Head of Employment at Lime Solicitors, answers some of the most frequently asked questions and shares advice with employees.

How sick should I be to take a sick day?

“Deciding whether to take a sick day can be challenging. Everyone has different thresholds for when they are sick, which play an important role when deciding whether or not to take time off.

“If you feel unable to carry out your tasks effectively, or if your symptoms make it unsafe for you to perform your duties, a day off work may be necessary. Continuing to work when you are sick can cause your condition to worsen, prolonging your recovery time, and you may spread the illness to your colleagues.”

What about if I work from home?

“The shift to remote working puts even greater onus on individual employees to balance their own health and performance demands as they are no longer surrounded by colleagues who might pick up on issues and provide support.

“Yet, it is important for employees to remember that they are legally entitled to take time off when sick, regardless of if they are in the office or working virtually.”

Do I have to tell my boss why I’m sick?

“During the first seven days of sickness, you can self-certify as unfit to work. In this case, you do not have to inform your employer what the reason is for your ill health and do not need to provide medical evidence.

“If you are off sick for 7 days or more, however, you must provide your employer with proof of sickness. This can be provided in the form of a fit note from a registered professional, which can be a doctor, nurse, occupational therapist, pharmacist, or physiotherapist. If no evidence of sickness is provided, your employer can withhold your statutory or contractual sick pay and the matter could be treated as an unauthorised absence.”

Can my employer ask me to do any work when I’m sick?

“Your employer cannot force you to come into work if you are sick. For a short absence, it might be reasonable to ask you about work that other employees are covering for you. However, your employer should not ask you to do substantial work which interferes with your recovery.”

Can I be sacked for calling in sick?

“Employees cannot be sacked solely for calling in sick. However, employers can legally dismiss employees with long term illnesses if it means that they are no longer able to do their job.

“Crucially, companies are expected to explore all avenues of support first before any dismissal – if you’re let go and you feel that it’s unfair or discriminatory, you have the right to fight back through an Employment Tribunal. It is important to note, however, that in order to qualify for making an unfair dismissal claim you must have worked for your employer for at least 23 months and 3 weeks.”

For further employment law advice, visit the Lime Solicitors website.