Can employees work while on sick leave?
Even the best managers can’t fend off every bout of illness in their team. Sickness happens. On average, we each take just over four sick days a year. While an occasional day off is easy enough to handle, sick leave can sometimes throw curveballs that require careful management. One of the trickiest questions is, “Can employees work while on sick leave?”
Legally, it’s not forbidden. But there’s a lot more to this than just the law. It’s about looking after your team, managing workloads, and protecting your business. We’ll break down everything you need to know, from handling sick leave policies to addressing situations when someone is working against medical advice.
Types of sick leave
Before tackling the specifics of working during sick leave, it helps to understand the types of sick leave employees might take. These fall into two categories:
Short-term sick leave
Short-term sick leave typically lasts a few days. Think of colds, migraines, or minor illnesses. Employees in the UK can self-certify their sick leave for up to seven consecutive days, including weekends. This means they don’t need a doctor’s note, but should inform their employer about their illness and complete a self-certification form upon return.
Operationally, short-term leave is manageable as long as handovers or updates aren’t necessary. But if your absence management policy isn’t clear about how these situations should be handled, things can quickly get messy.
Long-term sick leave
Long-term sick leave kicks in when someone’s absence extends beyond seven days. At this point, employees need to provide a ‘fit note’ from their doctor. If the note states they’re ‘not fit for work’, you’re required to support their full recovery without pressuring them to return. However, if the note suggests they ‘may be fit for work’ with adjustments (e.g., lighter duties, flexible hours), there’s room to ease them back into their role sooner rather than later.
When sick leave lasts over four weeks, it’s classed as ‘long-term sick’. While this might seem daunting, a robust absence policy will prepare you for the challenges it can bring.
What are you allowed to do when off sick?
The phrase "off sick" doesn’t automatically mean "stay in bed all day". Depending on the illness, recovery might involve engaging in activities that some could misinterpret. For example, someone struggling with stress might benefit from a walk in the park or attending a yoga class. Meanwhile, a colleague nursing a back injury might be seen at the shops, simply picking up essentials.
Rigid assumptions about what employees can and can’t do during sick leave can undermine trust and morale. The best approach? Use a bit of common sense and focus on your team member’s overall wellbeing. If there’s suspicion about how they’re spending their time off, having an open, non-confrontational conversation usually clears things up.
Your absence management policy should provide clarity here by outlining acceptable activities during sick leave.
If an employee is signed off sick, can they work another job?
This one’s a grey area. And it often depends on the specifics of the illness and the nature of the work.
An employee signed off sick from one role might still be capable of performing duties in another. Imagine a warehouse worker with a back injury who’s unable to undertake manual tasks but can still work part-time from home as a graphic designer. While this setup might be feasible, transparency is key.
Employees have a legal responsibility to act in their main employer’s best interests. Failure to disclose a second job during sick leave could breach this trust, raising flags about honesty and loyalty.
Employers can avoid this confusion by establishing clear rules in an absence policy template UK. It should highlight expectations for employees who hold multiple jobs and outline the steps they need to take if secondary employment becomes an issue.
If you discover someone is working a second job, approach them directly to understand the situation. A calm and clear conversation can resolve most issues before they escalate.
Is it illegal to work while on sick leave in the UK?
Here’s the straightforward answer: No, it’s not illegal. UK employment laws don’t explicitly ban working while on sick leave. However, there are conditions.
Employees receiving Statutory Sick Pay (SSP) or contractual sick pay are required to meet specific eligibility criteria. Working another job while claiming SSP might breach those conditions. And that’s where legal troubles can arise.
The bigger picture for employers, though, isn’t just legality. It’s about ethics and trust. If you suspect someone is working elsewhere while signed off, investigate carefully but fairly. A well-drafted absence policy template offers a structured approach to manage such scenarios efficiently.
What to do if an employee works while signed off sick
Finding out that an employee is working while signed off sick brings its own set of challenges. Even if their outside work doesn’t violate any laws, it might be delaying recovery and impacting their overall health.
Your first step should be to talk to the employee. A direct but empathetic conversation can shed light on why they feel the need to keep working. Perhaps they’re under financial strain, or they might mistakenly believe they’re helping the business by staying productive. Encourage them to prioritise their recovery and firmly communicate your duty of care as an employer.
Prevention is always better than cure. Make sure your team understands from day one that working through sick leave is discouraged unless formally agreed. This is best achieved by including clear language in your absence policy.
Can employees return to work before their sick note ends?
Yes, employees can return to work earlier than the date stated on their fit note if they feel ready. However, welcoming them back with care is crucial. If they’re eager to return but not quite back to full health, consider temporary adjustments to their hours or responsibilities.
Offering this flexibility not only supports their recovery but also shows that you value them as individuals, not just workers.
An employee called in sick but was seen out
Not many situations are as awkward for employers as hearing that a sick employee has been spotted out socialising. But remember, being “seen out” doesn’t automatically mean someone is skiving off. A team member recovering from stress might need that coffee meet-up with a friend to reset their mind, just like someone with mobility issues could still need to pop out for groceries.
Before reacting, consider the context and have a polite conversation with the employee. Treat each case individually, leaning on your absence policy for guidance.
Using Timetastic for tracking absences
Managing sick leave is easier when you have the right tools. Timetastic allows you to:
- Log sick leave effortlessly using dedicated leave types
The simplest way to keep track of sickness absence is using a specific type of leave, so we can record them all the same way and report on them later. It might not be possible for the person who's off sick to sign in to Timetastic and make the booking, in this case, their boss can do it on their behalf.
They mark the absence using the 'sick leave' category.
- Track and monitor how many sick days employees take
Because you've recorded all sick leave, you'll now have a total for each staff member, it's in the summary in their calendar view.
You can see our employee in this example below has taken five and a half days sick leave so far this year.
- Use the colour-coded calendar to find patterns
You can see how often someone is off sick by looking at the colour coded calendar. Below you can see Mary has had a few days off sick in Jan, Feb and March.
- Download and analyse your data
Finally, if you want a deeper analysis of your sickness stats, you can download everything to Excel. From there, you can filter, pivot, and sort to any level of detail you need.
Head to SETTINGS > REPORTING for the Excel download options.
With tools like these, you can handle everything from payroll to wellbeing discussions with confidence.
Wrapping things up
Dealing with sick leave is part of the job, but it doesn’t need to be overwhelming. Whether it’s determining what employees are allowed to do when off sick, clarifying the rules around secondary jobs, or updating your absence management policy, preparation is key.
Open communication, clear guidelines, and compassion will always lead to better outcomes. And remember, tools like Timetastic are here to make absence tracking seamless, so you can focus on what really matters.
Give it a try with a free 30-day trial today!