Sickness Absence

sickness absence employment law.

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sickness absence

For advice on employment law and sickness absence look no further. This is what we do. The first place to look to understand what your employment rights are around sickness absence is to start by looking at what your employment contract says and any employee handbook that you have been provided with by your employer. This is where you will find information about what to do if you have to take sickness absence. It is really important that you comply with your employer’s requirements about reporting sickness absence in accordance with their workplace rules and that you provide the necessary medical information in support of any absence, for example a GP sick note or Med3. If you don’t you might inadvertently breach your contract and expose yourself to disciplinary action. If you cannot find this information, ask your employer or the HR team if your company has one.

What else do you need to know about sickness absence and employment law?

ACAS – Absence From Work

Sickness absence law means that if you have booked holiday but then are unable to take it because of illness your employer must re-categorise your leave as sickness absence. You will have to provide a sick note, but your leave should be added back to your holiday entitlement for the year. Similarly, if your employer does not permit carry over of annual leave once the leave year ends and you have been unable to take all your leave because of disability your employer should permit you to carry the unused leave forward.

For more information on your annual leave rights and disability start here:

https://www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay

We deal with issues arising from employment law long term sickness because often a long absence from work will mean that you are Equality Act protected around disability. For more on whether you are likely to be disabled according to the Equality Act you should visit the following links:

Equality Human Rights – Employer Code page 30 onwards Disability

ACAS – Disability

GOV – Equality Act 2010

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