Kemp & Townsend Ltd’s SIck Leave & Pay Policy

THIS IS THE KEMP & TOWNSEND ltd sick leave & pay POLICY DOCUMENT

OUR POLICY’S PURPOSE

MOST EMPLOYEES WILL NEED TO TAKE SICK LEAVE AT SOME POINT IN THEIR WORKING LIVES. BOTH PHYSICAL & MENTAL HEALTH PROBLEMS CAN COUNT AS SICKNESS. KEMP & TOWNSEND LTD TREAT MENTAL & PHYSICAL HEALTH AS EQUALLY IMPORTANT. THIS POLICY COMMUNICATES CLEARLY THE PROCEDURE OF KEMP & TOWNSEND LTD’S SICK LEAVE & PAY.

THIS DOCUMENT WILL COVER:

  • REPORTING SICKNESS ABSENCE

  • KEEPING IN TOUCH DURING SICK LEAVE

  • KEEPING EMPLOYEES UPDATED WHILE THEY’RE OFF WORK

  • SICKNESS & HOLIDAY

  • PAY DURING SICK LEAVE

  • RETURNING TO WORK AFTER SICK LEAVE

REPORTING SICKNESS ABSENCE

WHEN AN EMPLOYEE IS OFF SICK, THEY CAN 'SELF-CERTIFY' FOR 7 CALENDAR DAYS, INCLUDING WEEKENDS, OR 5 WORKING DAYS. THIS MEANS THEY CAN TELL THEIR EMPLOYER THEY'RE NOT WELL ENOUGH TO WORK. THEY DO NOT NEED TO PROVIDE MEDICAL EVIDENCE.

IF AN EMPLOYEE IS OFF SICK FOR MORE THAN 7 CALENDAR DAYS, THEY WILL NEED TO GET A ‘FIT NOTE’, ALSO KNOWN AS A ‘SICK NOTE’ FROM A REGISTERED HEALTHCARE PROFESSIONAL.

IF AN EMPLOYEE IS UNABLE TO GO TO WORK DUE TO BEING UNWELL, THEY MUST CONTACT THEIR MANAGER, USUALLY DANIEL KEMP (DIRECTOR), BY A TELEPHONE CALL BEFORE THE TIME THEY ARE DUE TO BE AT WORK.

TEXT, EMAIL OR INSTANT MESSAGES ARE NOT AN ACCEPTABLE FORM OF COMMUNICATION WHEN REPORTING SICKNESS. SOMEONE FAILING TO CALL BY PHONE TO REPORT ABSENCE MAY RESULT IN UNPAID LEAVE - THIS WILL BE AT THE DIRECTOR’S DISCRETION.

KEEPING IN TOUCH DURING SICK LEAVE

WHILST THE EMPLOYEE IS OFF SICK, THEY SHOULD KEEP IN CONTACT WITH THE EMPLOYER. IF THEY ARE SELF-CERTIFYING, THEY SHOULD CONTACT DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER) BEFORE THEY ARE DUE FOR WORK EVERYDAY TO UPDATE THEM ON HOW THEY ARE FEELING, UNLESS THEY HAVE AGREED WITH THEM THAT DAILY CONTACT IS NOT NECESSARY. IN THIS CASE, AN AGREED UPON FREQUENCY OF CONTACT MUST BE FOLLOWED BY BOTH EMPLOYEE & EMPLOYER.

KEEPING IN CONTACT ENABLES KEMP & TOWNSEND LTD TO CHECK ON THE EMPLOYEE’S WELLBEING & SEE IF THEY NEED ANY SUPPORT. IT WILL ALSO HELP THE THEM PROVIDE UPDATES ON PROGRESS OR CHANGES.

IN CASES OF LONG-TERM SICKNESS (USUALLY OVER 4 WEEKS), DUE TO MENTAL OR PHYSICAL HEALTH CONCERNS, THERE MAY BE OCCASIONS WHEN FACE-TO-FACE MEETINGS ARE A MORE BENEFICIAL FORM OF CONTACT.

THIS WILL BE AT THE EMPLOYER’S DISCRETION & AGREED WITH THE EMPLOYEE IN ADVANCE.

KEEPING EMPLOYEES UPDATED WHILE THEY’RE OFF WORK

IF AN EMPLOYEE IS OFF WORK, KEMP & TOWNSEND LTD WILL UPDATE THEM ON ANY OF THE FOLLOWING:

  • PROMOTION OR OTHER JOB OPPORTUNITIES

  • REDUNDANCIES

  • REORGANISATIONS THAT COULD AFFECT THEIR JOB

THIS WILL ESPECIALLY HAPPEN IF AN EMPLOYEE IS OFF WORK BECAUSE OF:

  • MATERNITY OR PATERNITY LEAVE

  • ADOPTION LEAVE

  • ORDINARY OR SHARED PARENTAL LEAVE

  • PARENTAL BEREAVEMENT LEAVE

  • TIME OFF FOR DEPENDANTS

  • JURY SERVICE

  • STUDY LEAVE OR TIME OFF FOR TRAINING

SICKNESS & HOLIDAY

THERE MAY BE TIMES WHEN AN EMPLOYEE CAN TAKE HOLIDAY WHILST ON SICK LEAVE, OR BECOME SICK WHILE TAKING HOLIDAY. IN THESE CASES, THE EMPLOYEE & EMPLOYER SHOULD DISCUSS & AGREE WHETHER:

  • THE TIME OFF WILL COUNT AS SICKNESS OR HOLIDAY

  • THE EMPLOYEE WILL GET SICK PAY OR HOLIDAY PAY

WHATEVER IS AGREED WILL BE PUT IN WRITING, BY EMAIL OR LETTER.

IT IS UP TO THE EMPLOYEE TO REQUEST HOLIDAY WHILE OFF SICK, THIS WILL NOT BE ENFORCED BY KEMP & TOWNSEND LTD.

IF THE EMPLOYER APPROVES THE REQUEST FOR HOLIDAY LEAVE WHILST THEY ARE OFF SICK, THEY WILL BE PAID HOLIDAY PAY FOR THE AGREED AMOUNT OF TIME. THIS HOLIDAY ALLOTMENT WILL BE REMOVED FROM THE ACCRUED HOLIDAY ENTITLEMENT.

AFTER THE EMPLOYEE HAS TAKEN THE AGREED HOLIDAY DAYS, SICK LEAVE CAN CONTINUE IF THEY’RE STILL NOT WELL ENOUGH TO RETURN TO WORK.

IF SOMEONE HAS NOT BEEN ABLE TO USE THEIR HOLIDAY BECAUSE THEY'VE BEEN ON LONGTERM SICK LEAVE, THEY CAN CARRY IT OVER.

EMPLOYEES ON LONG-TERM SICK LEAVE CAN CARRY OVER 4 WEEKS' UNUSED HOLIDAY ENTITLEMENT. THIS HOLIDAY MUST BE USED WITHIN 18 MONTHS FROM THE DATE IT'S CARRIED OVER.

AN EMPLOYEE MIGHT NOT NEED TO CARRY OVER ANY UNUSED HOLIDAY. FOR EXAMPLE, IF THEY RETURN FROM SICK LEAVE AND STILL HAVE ENOUGH OF THE CALENDAR YEAR LEFT TO USE THEIR HOLIDAY ENTITLEMENT.

STATUTORY SICK PAY

KEMP & TOWNSEND LTD WILL PAY STATUTORY SICK PAY (SSP) TO AN EMPLOYEE IF THEY:

  • HAVE BEEN OFF SICK FOR AT LEAST 4 'QUALIFYING DAYS' IN A ROW – THESE ARE DAYS WHEN THEY'RE USUALLY REQUIRED TO WORK.

  • EARN ON AVERAGE AT LEAST £123 A WEEK, BEFORE TAX.

  • HAVE TOLD THEIR EMPLOYER THEY'RE SICK WITHIN ANY DEADLINE OUTLINED IN THIS POLICY OR THAT THE EMPLOYER HAS SET.

THE FIRST 3 QUALIFYING DAYS OF SICKNESS ABSENCE, ALSO KNOWN AS ‘WAITING DAYS’ WILL BE PAID AS NORMAL. FROM THE 4TH DAY & GOING FORWARD, SSP WILL BE PAID.

IF SICKNESS IS CAUSED BY WORK

THE SAME SICK PAY RULES APPLY IF SICKNESS IS CAUSED BY SOMEONE'S WORK. FOR EXAMPLE, AN EMPLOYEE IS NOT ENTITLED TO EXTRA SICK PAY IF THEY GET:

  • AN INJURY THROUGH AN ACCIDENT OR NEGLIGENCE AT WORK

  • A MENTAL HEALTH CONDITION CAUSED BY STRESS AT WORK

SICK NOTES

AFTER 7 CALENDAR DAYS OF ABSENCE DUE TO SICKNESS, THE EMPLOYEE MUST GET A FIT/SICK NOTE FROM A REGISTERED HEALTHCARE PROFESSIONAL. THIS IS THE CASE EVEN IF THE EMPLOYEE WAS NOT SUPPOSED TO BE AT WORK FOR SOME OF THE 7 CALENDAR DAYS. FOR EXAMPLE, IF THEY ARE WORKING PART-TIME.

IF THERE IS A DELAY GETTING A FIT/SICK NOTE, THE EMPLOYEE SHOULD CONTACT DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER) BY TELEPHONE TO EXPLAIN:

  • WHY THERE IS A DELAY – FOR EXAMPLE, DIFFICULTY BOOKING A DOCTOR’S APPOINTMENT

  • WHEN THE EMPLOYER WILL RECEIVE THE FIT/SICK NOTE.

IF THE REGISTERED HEALTHCARE PROFESSIONAL AGREES THE EMPLOYEE IS NOT FIT FOR WORK, KEMP & TOWNSEND LTD WILL:

  • PROVIDE SUPPORT

  • KEEP IN TOUCH

  • PLAN FOR HOW WE WILL SUPPORT THEIR RETURN TO WORK

IF A FIT/SICK NOTE RUNS OUT BEFORE THE EMPLOYEE IS FEELING FIT TO RETURN TO WORK, THEY MUST GET ANOTHER ‘FIT/SICK NOTE’.

AN EMPLOYEE CAN RETURN TO WORK BEFORE THEIR FIT/SICK NOTE HAS RUN OUT, IF THEY WANT TO. HOWEVER, THEY SHOULD MAKE SURE THEY'RE WELL ENOUGH. THEY COULD TALK WITH THEIR DOCTOR ABOUT THIS.

DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER) AT KEMP & TOWNSEND LTD WILL TALK WITH THE EMPLOYEE TO MAKE SURE THEY'RE NOT PUTTING THEIR HEALTH OR THE HEALTH OF OTHER EMPLOYEES AT RISK BY RETURNING EARLY.

IN MOST CASES, AN EMPLOYEE'S FIT/SICK NOTE MUST BE KEPT CONFIDENTIAL. INFORMATION ABOUT AN EMPLOYEE'S HEALTH MUST BE MANAGED IN LINE WITH UK GDPR.

THERE MIGHT BE CIRCUMSTANCES WHERE INFORMATION ON THE FIT/SICK NOTE NEEDS TO BE SHARED WITH ANOTHER APPROPRIATE MEMBER OF STAFF – FOR EXAMPLE A SUPERVISOR. THIS MAY BE TO PROTECT THE EMPLOYEE'S HEALTH AND SAFETY.

THE PERSON GIVEN THE FIT/SICK NOTE WILL DISCUSS THIS OPENLY AND HONESTLY WITH THE EMPLOYEE AND:

  • EXPLAIN WHAT INFORMATION THEY NEED TO SHARE & WHY

  • AGREE WHAT DETAILS FROM THE FIT/SICK NOTE THEY CAN & CANNOT SHARE

SENDING AN EMPLOYEE HOME DUE TO SICKNESS

IF AN EMPLOYER FEELS AN EMPLOYEE IS NOT WELL ENOUGH TO WORK, THEY CAN SEND THEM HOME OR TELL THEM NOT TO WORK.

IF THE EMPLOYEE AGREES

IF THE EMPLOYEE AGREES THEY'RE TOO SICK TO WORK, THIS TIME OFF IS LIKELY TO COUNT AS SICK LEAVE. THEY SHOULD GET ANY SICK PAY THEY'RE ENTITLED TO.

IF THE EMPLOYEE THINKS THEY'RE WELL ENOUGH TO WORK

IF THE EMPLOYEE GENUINELY FEELS THEY ARE WELL ENOUGH TO WORK, THEY SHOULD MAKE THIS CLEAR TO THEIR EMPLOYER.

THEIR EMPLOYER MIGHT STILL INSIST THAT THEY SHOULD NOT WORK. IN THIS CASE, THE TIME OFF SHOULD NOT BE COUNTED AS SICK LEAVE.

AS THE EMPLOYER HAS MADE THE DECISION FOR THEIR EMPLOYEE NOT TO WORK, THEY SHOULD PAY THEM THEIR USUAL PAY.

TIME OFF FOR DEPENDANTS

A DEPENDANT IS A CLOSE FAMILY MEMBER OR SOMEONE WHO DEPENDS ON YOU. AN EMPLOYEE'S DEPENDANTS CAN INCLUDE:

  • THEIR HUSBAND, WIFE, CIVIL PARTNER OR PARTNER

  • THEIR CHILD

  • THEIR PARENT

  • A PERSON WHO LIVES IN THEIR HOUSEHOLD (NOT TENANTS, LODGERS OR EMPLOYEES)

  • A PERSON WHO RELIES ON THEM, SUCH AS AN ELDERLY NEIGHBOUR

HOW MUCH TIME SOMEONE CAN TAKE

THE LAW DOES NOT SAY HOW MUCH TIME AN EMPLOYEE CAN TAKE OFF, OR HOW MANY OCCASIONS. IT JUST SAYS THE AMOUNT SHOULD BE 'REASONABLE'.

KEMP & TOWNSEND LTD WILL BE AS FLEXIBLE AS THEY CAN BE, DEPENDING ON THE EMPLOYEE'S CIRCUMSTANCES & WHAT HAS HAPPENED. THE EMPLOYEE MUST LET DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER) KNOW AS SOON AS POSSIBLE.

WHEN TO USE THIS TYPE OF LEAVE

AN EMPLOYEE CAN TAKE TIME OFF IF THEY NEED TO HELP A DEPENDANT WHEN THERE'S AN UNEXPECTED PROBLEM OR EMERGENCY. FOR EXAMPLE:

  • HELPING A DEPENDANT WHO IS ILL, INJURED OR ASSAULTED

  • TAKING A DEPENDANT TO HOSPITAL WHEN THEY GO INTO LABOUR UNEXPECTEDLY

  • A CHILD'S SCHOOL UNEXPECTEDLY CLOSES

  • A DEPENDANT DIES

TIME OFF FOR DEPENDANTS - PAY

KEMP & TOWNSEND LTD MIGHT CHOOSE TO PAY THEIR EMPLOYEES FOR THIS TYPE OF LEAVE BUT THEY DO NOT HAVE TO.

EMPLOYEES SHOULD DISCUSS THIS WITH DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER), UNDERSTANDING THAT IT IS AT THEIR DISCRETION.

DEPENDING ON AN EMPLOYEE'S INDIVIDUAL CIRCUMSTANCES, THERE MIGHT BE OTHER WAYS TO TAKE TIME OFF. FOR EXAMPLE THEY MIGHT:

  • USE HOLIDAY ENTITLEMENT

  • TAKE SICK LEAVE, IF THEY'RE NOT WELL ENOUGH TO WORK

  • TAKE UNPAID LEAVE

BEREAVEMENT

IN THE CASE OF BEREAVEMENT WHEN A DEPENDANT DIES, EMPLOYEES WILL BE GIVEN TIME OFF. KEMP & TOWNSEND LTD WILL:

  • BE SENSITIVE TO WHAT EACH PERSON MIGHT NEED AT THE TIME

  • CONSIDER THE PERSON'S PHYSICAL AND EMOTIONAL WELLBEING, INCLUDING ONCE THEY'VE RETURNED TO WORK

  • RECOGNISE THAT GRIEF IS NOT A LINEAR PROCESS AND AFFECTS EVERYONE DIFFERENTLY – THERE IS NO RIGHT OR WRONG WAY TO GRIEVE AND IT CAN AFFECT PEOPLE AT DIFFERENT TIMES FOLLOWING A DEATH

PAY IN THESE CIRCUMSTANCES IS DOWN TO THE EMPLOYER’S DISCRETION, UNLESS THE EMPLOYEE IS ELIGIBLE FOR PARENTAL BEREAVEMENT PAY. KEMP & TOWNSEND LTD WILL DISCUSS WITH THE EMPLOYEE:

  • WHAT TYPE OF LEAVE FOR BEREAVEMENT IS AVAILABLE

  • HOW MUCH TIME OFF IS AVAILABLE

  • WHETHER THE LEAVE WILL BE PAID OR UNPAID

THE EMPLOYER & EMPLOYEE COULD AGREE FOR TIME OFF TO BE TAKEN AS:

  • SICK LEAVE

  • PAID HOLIDAY ENTITLEMENT (ANNUAL LEAVE)

  • UNPAID LEAVE

IF THE EMPLOYEE TAKES THE TIME OFF AS SICK LEAVE OR HOLIDAY, THEY SHOULD GET THEIR USUAL SICK PAY OR HOLIDAY PAY.

RETURNING TO WORK AFTER SICK LEAVE

WHEN AN EMPLOYEE RETURNS TO WORK AFTER BEING OFF SICK THEY SHOULD HAVE A RETURN TO WORK MEETING WITH DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER).

THIS SHOULD BE ARRANGED & ATTENDED WITH THEM BEFORE RETURNING TO WORK.

THIS IS AN OPPORTUNITY TO MAKE SURE THE EMPLOYEE:

  • IS WELL ENOUGH TO WORK

  • HAS ANY SUPPORT THEY NEED

IN SOME CASES, A PHASED RETURN TO WORK MIGHT BE APPROPRIATE. THIS IS WHEN SOMEONE WHO'S BEEN ABSENT GRADUALLY BUILDS UP TO RETURNING TO WORK. FOR DETAILS ON A PHASED RETURN TO WORK & PAY, PLEASE SEE OUR MENTAL HEALTH POLICY.

IF YOU HAVE ANY QUESTIONS ABOUT THIS POLICY, PLEASE RAISE THEM WITH AN APPROPRIATE MEMBER OF MANAGEMENT - DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER).

This policy may be changed in accordance with updated guidance from ACAS. This policy will be reviewed & updated September 2024.