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Q. Can I withhold sick pay?

A.

Yes.

  •  If the employee has not followed correct absence reporting procedures
  • If they haven’t produced medical evidence in the form of a “fit note”
  • If you have reasonable belief that the sickness is false

You may have to make the payments if the employee later provides evidence that the sickness is genuine.

You cannot withhold sick pay:

  • If the employee is working their notice and it makes no difference
  • If they served notice to you or vice versa
  • If they have a medical reason for not attending work

Then they must still be paid their contractual pay.

Charlotte Orange
Charlotte Winder
HR Advisor
01772 914085
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