Notifying and certifying sickness absence

The Black/Frost report describes the first stage of an individual’s absence “journey” as usually involving a visit to their doctor. But workplace-level procedures typically kick in much sooner than that, starting with clear rules about notification of absence and the need to keep in touch.

Doctors cannot issue Fit Notes during the first seven calendar days of sickness absence but employees will be expected to notify the employer that they are off sick, and at some point “self-certify” their sickness absence. Rules on notification can be set by the employer but regulation 7(5) of the SSP (General) Regulation 1982 “restricts these rules for SSP purposes.” So for Statutory Sick Pay (SSP) purposes, employers cannot insist that the employee tell them:

• in person;

• earlier than the first qualifying day (QD) of the period of incapacity for work (PIW) or by a specified time on the first QD (see page 49);

• more than once every seven days during the period of incapacity to work (PIW);

• on a document supplied by the employer;

• on a medical certificate; or

• on a printed form.

If the employer has no rules about notification of sick absence, the employee or their representative must tell their employer of any day they are unfit for work within seven days, says HMRC. If they do this by post they are treated as having given notice on the day they posted it. The employer can withhold payment of SSP if the notification is given outside the time limits if they deem there was no good reason for the delay. SSP can only be withheld for the number of qualifying days for which notification was late and it is up to the employer to decide what a good cause might be.

In practice, most employers have their own more exacting requirements for occupational sick pay. Some say they expect notification “immediately” but it is more common for this to be within the hour after a worker normally starts work, or by a set time. Rules on notification need to address workers on non-standard hours.

Sealing product manufacturer James Walker requires employees to contact their manager, team or shift leader as early as possible on the first day of any sickness absence, ideally not later than one hour after the scheduled start time but where possible before the commencement of work.

Absence policies typically set out how absence can be reported and how it cannot (for example, by text messaging or emailing, although some employers allow this). They may also say who can report an absent employee, if an employee cannot do it for themselves.

Employers may also require a reason for the absence at the notification stage, and in some cases an estimate of how long the employee expects to be absent. Where an absence lasts more than a day or two, repeat notification is often required. At the London Fire and Emergency Planning Authority (LFEPA), after initial notification, staff are expected to telephone on each of any subsequent three days of sickness.

Some form of self-certification may be required, if not from the first day then possibly when entitlement to Statutory Sick Pay kicks in (SSP is not initially payable until workers have been off for four days or more in a row, see page 49). Employers are likely to have their own format for this but there is a model form available at: https://www.gov.uk/government/publications/statutory-sick-pay-employees-statement-of-sickness-sc2.

Some employers may require medical evidence about the absence even at this early stage. But government guidance says: “If your organisation requires medical evidence for the first seven days of sickness absence, it is your responsibility to arrange and pay for this.”