There’s normal sick leave in the workplace but for sponsored workers in the UK, there are some additional regulations employers must adhere to. This is more critical if a worker has to go on a long-term sick leave for over a month. Employers who sponsor workers need to adhere to UK immigration legislation and normal HR procedures.
What you need to know when it comes to sponsoring employee long-term sick leave and how to stay compliant are outlined in this post.
UK Sick Leave Regulations: What Does It Mean To Take A Sick Day?
In the UK, it differs depending on the length of time off sick an employee has:
- Short-Term Sick Leave (7 Days): Up to 7 days of sick leave may be a self-evaluation by employees. They don’t need a doctor’s note that says they are ill.
- Long-Term Sick Leave (Exceeding 7 Days): if the worker takes leave for longer than 7 days, the employee must send a sick letter (a doctor’s letter) proving illness.
Employees who become sick shortly before or on a holiday may convert holiday time into sick leave and redeem holiday days in the future.
What is Long-Term Sick Leave?
This is when a worker is absent from work due to illness or a health condition for more than 4 weeks. Even when on long-term sick leave, the employee still keeps their rights to annual leave.
As an employer, you must make sure you follow proper procedures, such as considering flexible work options and consulting with the employee about their recovery and return to work, before making any decisions like dismissal.
Managing Sick Leave for Sponsored Workers
When a sponsored worker needs long-term sick leave, employers must consider both their HR responsibilities and their immigration compliance duties. Here’s what you need to keep in mind:
1. Record Keeping
Employers need to maintain accurate records of sick leave for all employees, including sponsored workers. You must keep detailed records of:
- Sick leave taken
- The duration of the sick leave
- Any medical records or documentation provided
If the Home Office inspects your business, you must be able to provide proof that the worker is on approved sick leave. If you don’t have proper records, it could lead to compliance issues, and your sponsor license could be suspended.
2. Reporting Sick Leave
Usually, sponsors must report changes in a sponsored worker’s employment, including things like job title, duties, or work location. If a sponsored worker takes unpaid leave for more than 4 weeks, this is a reportable event. Typically, this would mean the employer must cancel the worker’s sponsorship.
However, there’s an exception for workers on long-term sick leave. If a worker’s salary is reduced or suspended due to illness, they can still be sponsored, and the employer does not have to cancel the sponsorship or report the sick leave to the Home Office.
Visa Status and Compliance for Long-Term Sick Leave
Visa Implications:
If a sponsored worker is on long-term sick leave, their visa status may be affected, particularly if the absence extends beyond certain thresholds. Employers are required to report any significant changes in employment conditions to UK Visas and Immigration (UKVI) within ten working days. This includes changes such as prolonged unpaid leave exceeding four weeks or a reduction in salary from the level stated on their Certificate of Sponsorship (CoS) due to sick leave.
Permitted Absences:
A sponsored worker’s sick leave is generally considered a permitted absence as long as it complies with company policies regarding notification and documentation (e.g., providing fit notes). However, if the worker fails to adhere to these policies, their absence may be classified as unauthorized, triggering reporting obligations.
Reporting Requirements:
Employers must maintain accurate records of attendance and absences for sponsored workers. If a worker is absent for more than ten consecutive days without permission or if their employment ends due to ill health, the employer must report this to the Home Office, which may result in visa curtailment.
Employment Rights and Responsibilities
- Sick Pay Eligibility: Sponsored workers are typically eligible for Statutory Sick Pay (SSP), provided they meet the necessary criteria. However, SSP has a limited duration, and employers must manage expectations regarding pay once this entitlement expires.
- Employment Protections: Sponsored workers retain their employment rights during sick leave. Employers should engage with employees about their health status and potential return-to-work plans, including making reasonable adjustments for those with disabilities.
- Dismissal Considerations: Dismissing a sponsored worker on long-term sick leave can be legally complex. Employers must prove that reasonable adjustments cannot support the employee’s return to work. It is advisable to seek legal advice before proceeding with any dismissal related to health issues.
Long-Term Sick Leave Effects on Workers
Research indicates that long-term sick leave can have detrimental effects on an employee’s career progression and income potential upon return to work. Factors such as the nature of the illness, workplace support, and rehabilitation opportunities play critical roles in determining outcomes for these individuals.
Can a sponsored worker’s job role be temporarily changed due to illness
A sponsored worker’s job role can be temporarily changed due to illness, but there are specific considerations and obligations that employers must adhere to in this situation.
Temporary Role Changes
- Permissibility of Changes: Employers can temporarily adjust a sponsored worker’s job role to accommodate their health condition. This may include altering duties or responsibilities to align with the worker’s current capabilities while they recover from their illness.
- Reporting Requirements: Employers must report any change in a sponsored worker’s job role, even if temporary, to UK Visas and Immigration (UKVI) to ensure compliance with sponsorship regulations. The employer must also update the Certificate of Sponsorship (CoS) to accurately reflect these changes.
- Impact on Salary: If the temporary change in role results in a salary adjustment, this must also be reported. The new salary must still meet the minimum threshold required for the sponsored worker’s visa category.
- Reasonable Adjustments: Employers are obligated to make reasonable adjustments for employees with disabilities or long-term health issues. This may include providing modified duties or a phased return to work, ensuring that the worker can perform their job safely and effectively.
- Duration of Changes: Employers must clearly define the temporary nature of the role change and plan a review period to assess the worker’s recovery and ability to return to their original role.
Key Takeaways
If a sponsored worker takes long-term sick leave (e.g., for 6 months):
- You do not have to report the sick leave to the Home Office.
- You do not need to cancel the sponsorship if their salary is reduced or suspended.
- You must keep accurate records of their sick leave and follow employment laws regarding sick leave.
Managing long-term sick leave for a sponsored worker is a delicate process. While you don’t need to cancel their sponsorship or report the sick leave in most cases, you must ensure proper record-keeping and stay compliant with UK employment laws.
If you have questions about managing sponsored workers on long-term sick leave or need help with any other immigration compliance issues, Law and Visas is here to help. Our team of experts can guide you through the rules and ensure your business remains compliant.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel for business or long-term sick leave straightforward and successful. Whether you’re applying for a Business Visa, Immigrant Investor Visa, or navigating the process of long-term sick leave, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
