Feeling unwell during your probation period at a new job can be stressful and confusing. Did you know that employees on probation can still take sick leave and qualify for statutory sick pay? This article will guide you through the rights, responsibilities, and possible outcomes related to taking sick leave during this critical time.

Keep reading to find out how to handle these situations smoothly….

Understanding Probationary Periods

Probationary periods let employers assess new hires. They help in deciding if the employee fits well with the team and job role.

Definition and Purpose

A probationary period is a trial time for new workers. Employers use this time to see if the worker is good for the job. It helps both sides understand if they fit well together.

This period usually lasts three to six months. There are no specific laws for it in the UK, so rules can change from place to place. Next, let’s look at how long these periods last and what conditions apply….

Standard Length and Conditions

Probationary periods help employers and employees see if the job is a good fit. Most probationary periods last between three to six months. Some companies may have different lengths based on their policies or the role’s needs.

During this time, both parties assess performance and behavior. Companies often review attendance, including sick leave. Employees must follow company rules for reporting absences.

Employers should be fair when handling sick leave during these periods—consider extending probation if needed due to health issues.

Sick Leave Rights During Probation

Even during the probation period, you still have rights if you get sick. Know your company’s terms and conditions for sick leave… it’s crucial.

Eligibility for Sick Leave

Employees on probation still have the right to take sick leave. They can also qualify for statutory sick pay. This means they get paid while they are off due to illness. The law does not set special rules for probation periods in the UK.

Employers need a clear sickness policy. It should explain how to report illness and what happens if someone is often absent. Some workplaces track sickness carefully, using policies like stage 1 absence monitoring for repeated absences or long-term illnesses over six months.

– Statutory Sick Pay Entitlement

Statutory Sick Pay Entitlement

Statutory Sick Pay (SSP) gives workers money when they are sick. During probation, you still get SSP. You must be off work for four days in a row to qualify. Also, your employer pays SSP if you earn at least £123 per week.

You get up to 28 weeks of SSP. The current rate is £109.40 per week as of April 2023. To get paid, tell your boss about your sickness right away and give a doctor’s note if asked…

Now that you know about SSP, let’s talk about the employer’s considerations next….

Employer’s Considerations

Employers need to handle absences wisely. They might adjust the probation period if an employee is sick for too long….

Managing Absences

Handling absences during probation is crucial. It requires clear steps and actions.

1. Notify Early: Employees must tell their employer as soon as they know they will be absent.
2. Provide Proof: A doctor’s note may be needed if the absence lasts more than 7 days.
3. Keep Records: Employers should track all absences to see patterns and manage them fairly.
4. Communicate Policies: Share the sickness absence policy with new employees. Make sure they understand it.
5. Monitor Closely: Watch attendance during probation. Note any frequent or lengthy absences.
6. Consider Extensions: If an employee is often sick, think about extending the probationary period.
7. Follow Laws: Comply with employment law when handling absences during probation.
8. Avoid Bias: Treat all employees fairly, without discrimination, especially those with disabilities.
9. Review Impact on Work: Assess how the absence affects productivity and team dynamics.

Keeping these steps in mind helps manage sick leave during probation periods effectively and legally.

Extending the Probation Period Due to Sickness

– Managing Absences

Sometimes, employees get sick during their probation. This can affect the time they have to prove themselves. So, employers might extend the probation period.

Extending the probationary period helps both parties. It gives more time for fair assessment. Employers must handle this with care and follow employment laws to avoid unfair dismissal claims.

Clear communication about this decision is crucial.

Employee Responsibilities

Employees need to tell their boss if they are sick. They must provide proof, like a doctor’s note, when needed.

Notification Requirements

Employees on probation must report sick leave correctly. Follow the steps below to ensure proper notification.

1. Inform the Employer Promptly

   Report your illness as soon as possible. Use your company’s preferred method, such as calling or emailing.

2. Provide Necessary Details

   Share important information like your symptoms and expected return date. This helps employers plan accordingly.

3. Submit Medical Notes if Required

   Some companies may ask for a doctor’s note after a certain number of days. Check your employer’s policy and follow it.

4. Follow Up Regularly

   Stay in touch during your absence. Provide updates on your health and any changes to your return date.

5. Be Aware of Company Policies

   Review the employment contract for specific guidelines on reporting sick leave during probationary periods.

6. Finish Any Forms Needed

   Complete any forms provided by human resources or management in relation to your sick leave.

7. Understand Statutory Sick Pay Entitlements

   Know if you qualify for statutory sick pay and how it affects you during probation.

8. Document All Communications

   Keep records of all communications with your employer about your sickness for future reference.

9. Know Your Rights under Employment Law

   Learn about your rights regarding dismissal or extension of the probation period due to health issues.

10. Respect Notice Periods and Deadlines

    Meet any notice periods or deadlines set by both statutory laws and company policies for reporting sick leave.

Documentation and Evidence

Employees on probation need to give proof when they take sick leave. This helps both the employer and employee.

1. Notification:
   • Inform the employer as soon as possible. Do this before your shift starts.
   • Tell them how long you might be off work.
2. Doctor’s Note:
   • Get a note from your doctor if you’re sick for more than 7 days.
   • Give this note to your employer right away.
3. Self-Certification:
   • Fill out a self-certification form for sickness of 7 days or less.
   • This is needed to get Statutory Sick Pay (SSP).
4. Medical Records:
   • Keep copies of all medical records related to your absence.
   • These include prescriptions, test results, and treatment notes.
5. Communication:
   • Stay in touch with your employer during long absences.
   • Provide updates on your recovery and expected return date.
6. Policies:
   • Review the company’s sickness policy in detail.
   • Know what documents are needed according to their terms and conditions of employment.
7. HR Involvement:
   • HR should guide you on required documentation.
   • They can also explain the consequences of not following protocols.
8. Legal Rights:
   • Understand your rights under employment law.
   • You can consult a lawyer if you feel treated unfairly regarding sick leave during probation.
9. Disability Considerations:
   • If you have a disability, provide evidence for reasonable adjustments at work.
   • Employers must accommodate you according to health & safety laws.
10. Sick Leave Record Keeping:
    • Track all your sick leaves accurately.

      – Accurate tracking helps avoid breaches of contract disputes later on.

Do these things to ensure everything goes smoothly during probationary periods when taking sick leave!

Legal Implications

Legal implications can be tricky during probation. Know your rights under employment law to navigate this period successfully….

Rights under Employment Law

Employees on probation have rights under employment law. They can take sick leave and qualify for statutory sick pay. There is no specific law on probation in the UK, making dismissal during the probationary period legal.

Employers must handle these dismissals with care to comply with employment laws.

Employers need a clear sickness absence policy. This policy should explain how to report sick leave and what happens if absences are too frequent. Anti-discrimination laws must be followed, ensuring fair treatment of employees.

Employers should communicate employee rights and any job accommodations needed due to illness or disability clearly.

Potential for Dismissal and Appeals

Probationary periods allow employers to assess fit and performance. There is no specific law on probation in the UK, so dismissal during this time is legal. Employers must navigate dismissals carefully and follow employment laws to avoid unfair treatment claims or breaches of contract.

Employees should know their rights regarding sick leave during probation. If dismissed due to sickness, they may appeal under anti-discrimination laws or if there’s a breach of contractual terms.

A clear sickness absence policy helps ensure fair handling and outlines procedures for reporting sick leave and consequences of excessive absences.

Conclusion

Handling sick leave during probation needs care. Employers must know the rules and stay fair. Employees should learn their rights and be clear about absences. Good communication can help both sides.

This helps ensure a smooth working relationship for all involved.

FAQs

1. Can I take sick leave during my probationary period?

Yes, you can take sick leave during your probationary period. Check your contract of employment for details on how it is handled.

2. Will taking sick leave affect my employment status?

Taking sick leave should not lead to termination if you follow the rules in your employment contracts and notify HR properly.

3. Are there specific laws that protect me if I’m on probation and need maternity or paternity leave?

Yes, the Equality Act 2010 protects your rights regarding maternity leave, maternity pay, and paternity leave even during a probation period.

4. What happens if I need extended sick leave while on probation?

Extended sick leaves may require more documentation and could impact evaluations but must align with both contractual rights outlined in contracts of employment and statutory regulations like minimum wage laws.

5. Should I consult a lawyer if there’s an issue with my sick leave during probation?

If issues arise, consulting a solicitor-advocate or barrister experienced in human resource management or whistleblowing cases might help clarify liability concerns related to handling such matters within recruitment phases.