Employer's Sickness Policy

What is an Employer's sickness policy?

An employer's sickness policy is a document that contains and outlines how an employer will handle employees' absense from work that arises because of sickness. This includes how the employer will handle sick pay (i.e. remuneration to the employee even when the employee is absent from work), how an employee is to inform the employer of their incapacity to work due to sickness, and how longer-term absences will be treated by the employee.

For example, where an employee falls ill and cannot come to work, they will have to inform their employer using the steps outlined in the sickness policy as failure to do so could affect their entitlement to sick pay or count as unauthorised absence from work.

What are the different types of employer policies?

• Social media policy: This is a policy that sets out how the employees' are permitted to use social media so as to avoid negative effects to the employer's business.
• Workplace health and safety policy: This policy sets outs out key information aimed at keeping employees and workers safe at work.
• Employer whistleblowing policy: This sets out how an employer will handle reporting of unsafe or illegal activities within the employer's organisation.
• Equal opportunities policy: This is a policy an employer uses to explain how it ensures equal opportunities within the workplace.
• Employer holiday policy: This policy sets out the employer's prcedures in relation to staff holidays and the process for taking them.
• Employer's substance abuse policy: This policy explains how an employer willn handle alcohol and substance abuse by its employees and how employees can seek help from their employer for substance abuse.

Is it mandatory to have an employer's sickness policy?

No, it is not mandatory for an employer to have a sickness policy. This is because the employer can include the aspects of its sickness policy within the employment contract. However, it may be useful for the employer to have a sickness absence policy. This is because it could be easier for the employee to refer to a separate document dedicated to sickness absence to understand the employer's policy. Additionally, a stand alone sickness policy can be more comprehensive and have more detail surrounding the issue of employee sickness absence.

Who is covered by an employer's sickness policy?

A sickness policy covers all employees hired by the employer. The employee must have an employment contract and have already begun work under that employment contract.

The employer can be any form of business structure, such as a sole trader, a general partnership, an LLP or a company.

Who cannot be covered by an employer's sickness policy?

A sickness policy does not cover independent contractors who work in or with the employer. This means persons contracted under a consultancy agreement, freelancer agreement or a service contract.

How long is an employer's sickness policy valid for?

A sickness policy can be valid for the duration of the employee's employment. However, the employer can always amend the policy at any time. When the employee's employment contract comes to an end or is terminated, the sickness policy will no longer apply to them.

What has to be done once an employer's sickness policy is ready?

Once the policy has been created, it should be signed by the person within the employer's organisation who has authority to do so. This can be the HR Manager or Welfare Officer.

The policy can then be printed out and given to the employees, or sent to them via email. The policy can also be published on the employer's intranet, where it is easily accessible by the employees.

Is it necessary to have witnesses for an employer's sickness policy?

No, it is not necessary to have witnesses for an employer's sickness policy. This is because the policy only needs to be signed by the employer or their representative, and the employee is not a party to the policy, as it is not an agreement. The contents of the policy are unilaterally decided by the employer and are not subject to the employee's agreement.

What must an employer's sickness policy contain?

An employer's sickness policy must contain:

• The procedure for reporting employee sickness;
• Evidence of sickness the employee must submit (if any);
• Rate of sick pay and entitlements;
• How the employer will monitor absences; and
• Return to work procedures for employees.

Which laws are applicable to an employer's sickness policy?

Access to Medical Reports Act 1988

Employment Rights Act 1996

Equality Act 2010

Social Security Contributions and Benefits Act 1992

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