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Periods of incapacity for work (PIW ) and providing evidence

You must tell your employees what you expect them to give you as evidence of incapacity for Statutory Sick Pay (SSP ) purposes and when you expect them to give it. You can’t withhold SSP for late medical evidence as this could be because your employee is unable to get an appointment with their doctor.

Incapacity for 4 to 7 days

You may accept:

• self certification verbally or by letter
• form SC2 for self certification
• your own similar form

Incapacity lasts more than 7 days

You can ask your employee to give you medical evidence or a fit note from their doctor. It is your decision whether evidence of illness is required, and if so, what evidence is acceptable. A doctor’s fit note is strong evidence of sickness and is usually acceptable. Your employee may give you a certificate from someone who is not a doctor, such as:

• osteopaths
• chiropractors
• Christian Scientists
• herbalists
• acupuncturists

You decide whether or not to accept them. If you have any doubts you can still ask for a doctor’s fit note.

Your employee must continue to notify you of ongoing sickness. You can withhold payment if there are any days for which you haven’t been notified, but not for late medical evidence.

Doctor’s fit note - statements on fitness for work

Fit notes allow doctors to advise whether:

• an employee shouldn’t work
• it would be appropriate for them to do some work

This gives employers greater flexibility in managing sickness absence. A doctor may provide additional information which will help employers consider basic adjustments which can be made to help someone to return to work.

These are options for you and your employee to discuss and agree. Accept the current fit note as evidence that your employee is unfit for work, if no changes are made.

Precautionary or convalescent reasons

A doctor can advise an employee not to work for precautionary reasons or to convalesce because they suffer from a disease or disablement. The incapacity continues for as long as the doctor states that the employee mustn’t work.

Infectious or contagious diseases

Your employee can be advised not to work by their doctor if they are a carrier of, or have been in contact with, an infectious or contagious disease.

Bereavement

Bereavement is not an incapacity, but the relationship between your employee and the deceased, eg as a parent or partner, could mean that your employee may well be ill. They may be suffering from shock due to the nature of death or depression/anxiety through loss. Take into account the employee’s circumstances and decide whether to accept this as the reason for incapacity. SSP is only payable if you decide that the reason is acceptable.