Sick leave: how the new changes to UK law will affect you

Sick leave: how the new changes to UK law will affect you

Credit: Getty

Life


Sick leave: how the new changes to UK law will affect you

By Amy Beecham

3 years ago

1 min read

Everything you need to know about the new sick day guidelines.

We’ve all been there. You wake up to yet another day with a stuffy nose, pounding head or raw throat and you just know that you won’t be able to power through, but you’re dreading calling in sick to work.

There’s something about the awkward email or call explaining your absence and the red tape around having to prove you’re actually ill that feels unnecessarily difficult when you’re already struggling – not to mention the inevitable notifications from colleagues still tagging you on Slack even though you’re signed off.

However, new measures announced by the Department for Work and Pensions have relaxed rules around taking sick leave in a bid to relieve the pressure on both employees and the NHS.

The current law states that employees can take time off work if they’re ill, but they need to give their employer proof if they’re ill for more than seven days.

“Employees must give their employer a ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than seven days in a row and have taken sick leave. This includes non-working days, such as weekends and bank holidays,” the government website explains.

“The fit note will say the employee is either ‘not fit for work’ or ‘may be fit for work’. If it says the employee ‘may be fit for work’, employers should discuss any changes that might help the employee return to work (for example, different hours or tasks). The employee must be treated as ‘not fit for work’ if there’s no agreement on these changes.”

Sick leave: how the new changes to UK law will impact you. What is the UK sick leave allowance? How to claim sick leave? Who can sign a sick leave note? How to take a sick day

Credit: Getty

Previously these ‘fit notes’ were only obtainable through GPs and hospitals, making it either time-consuming or potentially impossible if people are unable to access appointments amid record waiting times.

However, in line with the new rules that came into effect on 1 July 2022, nurses, occupational therapists, pharmacists, podiatrists and physiotherapists can all now legally write them for workers to get signed off.

The move will also provide help for anyone who needs a sick note to claim Universal Credit and reduce pressure on millions of doctors, who are already facing record waiting times after Covid.

“Slashing unnecessary bureaucracy is key to ensuring more patients can see their GP quickly and get the care they need as we bust the Covid backlogs,” said Sajid Javid, the health and social care secretary, of the change. 

How to get a sick note under the new rules

According to the government website, the healthcare professional needs to assess the employee’s fitness for work before giving a fit note.

“If you’ve been ill for over seven days when you ask for a sick note, then it should be given to you for free. However, if you’ve been ill for seven days or less you may be charged by the healthcare professional,” it explains.

“If an employee can’t get a sick note, an Allied Health Professional (AHP) Health and Work Report can be given to your employer too.”

One rule that remains is that employees “do not need to give their employer a fit note or other proof of sickness from a healthcare professional” if they are off work for seven days or less. You can just state that you’re sick via ‘self-certification’.

“The employer and employee will agree on how the employee should do this. They might need to fill in a form or send details of their sick leave by email,” the website continues.

For more information, visit the government website.

Images: Getty

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