There is no specific statutory provision giving an employee the right to time off work on account of sickness or the right to return after absence through sickness. Nor is there any specific statutory provision entitling an employer to terminate the employment of an employee who is absent from work for a long period on account of ill health.

The position is governed by general rules (including general statutory rules - see Unfair dismissal/medical reasons/general ) and by the express and implied terms of the arrangements between the employer and employee. These latter may be included in a formal sick pay scheme.

As a general rule the right to pay depends on being available to work. Therefore if an employee's written contract is silent on whether there is entitlement to be paid during sickness absence (eg via a sick pay scheme) the general rules it that the employee will be entitled only to statutory sick pay (''SSP'') during sickness absence. However it may be that in a particular case the employee can rely on an unwritten implied contractual term to claim entitlement to full pay while absent (see notes at Implied terms in employment contracts/duties of employer and for an example see Secession Ltd t/a Freud v Bellingham, EAT on 25th October 2005). As a practical matter, if an employee is not entitled to normal pay or pay under a sickness scheme during sickness absence and cannot afford to make do on statutory sick pay (''SSP'') it may be possible for him or her to take the time off as part of their annual holiday entitlement (as to which see Holidays/a general note ).

The ACAS Guide to Discipline and grievances at work, March 2009 (which accompanies the ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1), March 2009 contains general advice on "Dealing with Absence" from work" with particular notes on how absence through ill-health should be handled (see Appendix 4 to the guidance).

Temporary absence from work does not prejudice continuity of employment whatever the reason for the absence for any period during which the employee's relations with his employer "are governed by a contract of employment" (ERA 1996 s.212(1) and see Continuous employment/meaning of ). The same applies for up to 26 weeks regardless of the current existence of an employment contract if an employee's absence is "in consequence of sickness or injury" causing him to be incapable of work (ERA 1996 s.212(3)(a) and (4) and see Illness, sickness and accidents/absence for (effect on continuous employment) ).

It is prudent for employers to ensure that contracts of employment give them the right to get an independent medical assessment in the event of the employee concerned taking more than a few days off work on account of sickness. Without this an employer who is dubious about the validity of an employee's doctor's medical certificate can find himself in a difficult position if he wishes to take action against an employee who claims to be ill but is in fact malingering. For notes on medical certificates generally see Illness, sickness and accidents/certificates of sickness .

In 2009 the DWP launched a consultation on proposals to replace sick notes with 'fit notes'.