Sick leave and time off work

Taking time off work

Living with a long-term condition may mean that you need to take time off work to attend appointments, undergo treatment or due to sickness.

There is no legal right to time off work for a medical appointment or treatment, although employers do have a 'duty of care' to employees. This means they must do all they reasonably can to protect their employees' health, safety, and wellbeing at work.

“I took a pay cut to be in my current role, but this job fits within my lifestyle better because it reduces the amount of stress I’m under."

Most employers are flexible and understand it is not easy to arrange appointment times outside of working hours. If you explain, they will usually allow time to attend an appointment, however this might be unpaid.

If you do need to take time off, here are some helpful steps you could take:

Appointments

• Speak with your manager or HR team about time off and whether you are expected to make up the time later.
• If possible, arrange your work around the appointment to minimise disruption, that way future requests may be considered more favourably.
• If you cannot return to work after the appointment, make sure you let your line manager know.
• If you have planned treatment that may last several weeks, discuss this with your manager or HR to agree absence and any cover required.
• If you are receiving treatment and need to take the rest of the day off work to recover after the treatment, but can work the remainder of your weekly shifts, you may need to request a Fit note to cover you for the periods you are unable to work.
• Check out your contract of employment and workplace polices for guidance or speak with your HR team for advice.

"Remember that just because current job is bad, it doesn’t mean that your next employer will be bad.”

Sickness absence

This can be planned or unplanned.

• If you will be off due to planned surgery or other treatment, let your employer know the dates and expected return date if you know this.
• Your employer may want to keep in touch with you - agree what you feel comfortable with.
• Check out your sickness policies - what are your rights to sick pay, what about annual leave and any planned holidays during this period?
• Do you have any sickness insurance cover that you can claim? If your income will be impacted due to your sick leave, explore your entitlement to benefits with your local welfare or citizens advice service.
• When you are ready to return to work, ask for a back-to-work interview. This will allow you to explore any adjustments, such as a phased return to work. This can help support your gradual progress back to your normal hours and duties.
• If you are unable to return to your normal role, discuss any adjustments or support with your employer. You may benefit from an Occupational Health assessment to advise you and your employer.
• If your capacity to do your job or some of the tasks within it has changed, you can apply for reasonable adjustments from your employer or Access to Work scheme.

“If I am off sick, my boss will make sure that I have virtual appointments for the next couple of weeks so that I can do them from home. My boss also checks in regularly to make sure I am coping and reminds me not to volunteer for things all the time. I have the option to work from home as well.”

Fit notes - statements of fitness for work

You can self-certify sickness for the first seven days in a row, this includes weekends or days you do not work.

After seven days, you will need to obtain a Fit note to cover any additional sick leave. There is no charge from a healthcare professional for providing a fit note if you're off sick from work for more than seven days.

Depending on your contract, you may be entitled to a specific number of weeks contractual sick pay, often reducing to half pay after a time.

Some employers do not pay contractual sick pay which means you will be paid SSP, Statutory sick pay information on this can be found on the UK Gov website.

To obtain a Fit note, contact the healthcare professional treating you. This could be a doctor, nurse, occupational therapist, or physiotherapist.

Your healthcare professional will discuss how your health is impacting on your fitness to work and how long it is expected to continue. If you are provided with a Fit note, it will state you are either:

• ‘Not fit for work’.
• Or you ‘may be fit for work taking into account the following advice’.

Your healthcare professional can choose the ‘may be fit for work’ option if, after discussion with you, they agree that you are able to do some work.

For example, the healthcare professional treating you may suggest possible changes, such as:

• allowing you to flex your hours to enable you to undergo treatment.
• returning to work gradually, for example by starting later or leaving earlier.
• temporarily working different hours.
• performing different duties or tasks.
• having other support to do your job. For example, if you have back pain, avoiding heavy lifting.
• working from home.

Discuss the recommendations on your Fit note with your employer to check if they can accommodate them to enable you to return to work. If your employer is unable to adjust your role or agree to the changes advised by a healthcare professional, then the Fit note is treated as though it said, ‘not fit for work’.

Being off work can impact your income. Seek advice from your local welfare or citizens advice service if you need help to identify benefits you may be entitled to claim.

Disability benefits such as Personal Independence Payment PIP, or Adult Disability payment ADP, in Scotland, can be claimed even if you are working. This is extra money to help you if you have a disability or long-term health condition that affects your everyday life.

Information on sick pay, fit notes and rights

Absences from work

Ill health and related benefits

Most of us will need to take time off work due to sickness at some point. The information we have put together here is aimed at people living with arthritis or MSK conditions, their employers and workplace professionals.

Living with a long-term condition might mean that you may need to take some time off work. This could be when you start experiencing symptoms, are undergoing treatment or tests, or when your condition deteriorates, as well as sickness unrelated to your arthritis.

Whether you are entitled to company sick pay or not, you will need to submit a Fit note after the first seven days of sickness absence.

Fit notes can be issued by your GP, physiotherapist, Occupational therapist and some other healthcare professionals.[PC1] 

It can be an anxious time being off work sick, not knowing when you will feel able to return to work. This can impact on your income, work stability and emotional wellbeing.

Try to work with your doctor or health professional to identify any adjustments that could be implemented by your employer to help you return to work, whether full or part time.

Some examples of phased and supported return to work.

Time off to attend appointments or undergo treatment.

Phased return to work, this can help you take steps back to work especially if you have been off work for some time and are unsure of your capacity. (Example: 4 weeks phased return agreed, three shorter hour days for first week, increasing each week to five days then to full time hours. With your manager assessing how you are managing and implementing any other adjustments needed).

Remove some of the heavy work duties for a period of time, reviewing regularly.

Permanently changing or removing some duties.

Flexible working hours or option to work from home part of the time.

Information from external agencies

ACAS guidance on absences including sick leave management.

SSP, Statutory sick pay, Government website with information on rates of SSP and rights.

Guidance on Fit notes for health professionals, employers and employees

ACAS information on Occupational Health and doctor reports,

Information on benefits for disabled people or those living with a health condition.

Citizens advice information on sickness benefits.

Turn2Us have advice on benefits if you go into hospital as well as working age benefits.

Benefits Calculator you can use an independent, free and anonymous benefits calculator to check what you could be entitled to. This will give you an estimate of:

• the benefits you could get
• how much your benefit payments could be
• how your benefits will be affected if you start work or increase your hours
• how your benefits will be affected if your circumstances change.

TUC information for union reps on sickness absence and rights.

Disability benefits in Scotland are devolved. While you may receive some benefits from UK DWP, others may be payable from Social Security Scotland.

Northern Ireland, NI direct Sick pay rights.