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Has your employee not submitted a sick note?

As an employer, there may come a time when you have an employee that is off sick for over a week but hasn’t submitted a fit note. The question is, what do you do?

Most employers allow employees to self-certify their absence for the first seven days of sickness, and require a fit note for longer absences.

If an employee is absent without a fit note, where they have been sick for more than seven days, the employer may be entitled to withhold either contractual sick pay or statutory sick pay (SSP).
The employer is entitled to require reasonable information to determine if the employee is entitled to SSP. An employer can accept alternative evidence of sickness (for example evidence of admission to hospital) and can decide to pay SSP if the employee has a good reason for not supplying a fit note.

However, if the employer is not satisfied that the employee is ill, and no evidence of sickness is provided, it can withhold SSP. Evidence requirements for payment of contractual sick pay will depend on the terms of the employer’s sickness policy.
Initially the employer should attempt to make contact with the employee by telephone and find out why no fit note has been provided.

If this is unsuccessful, or the employer is not satisfied with the employee’s explanation, the employer should write to the employee setting out the sickness reporting requirements as dictated by its absence policy (if applicable), pointing out that sick pay may be withheld if no evidence is provided and that unauthorised absence can be a disciplinary matter.

If the employee still does not provide certification, the employer can treat the absence as unauthorised and implement its disciplinary procedure.