Sponsor Licence Holders and their Frequently Asked Questions on Sick Leave for Sponsored Workers
At OTS Solicitors we are used to answering all sorts of queries about sponsor licence reporting and recording duties and how the rules relate to absent sponsored staff on skilled worker visas and health and care worker visas.
In this blog, our immigration solicitors answer frequently asked questions on sick leave for sponsored workers.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
What are the obligations of the sponsoring employer if a sponsored worker falls ill?
A sponsoring employer has 2 sets of obligations to follow if a sponsored worker falls ill during their employment. They are:
- The commitments in the worker’s employment contract for payment of sick leave and compliance with any associated company sick leave policy
- Sponsor licence reporting and recording duties
Employers should not distinguish between sponsored and non-sponsored workers when it comes to sick pay entitlements unless the policy is based on the employee’s job. For example, a company may offer a more generous sick leave policy to senior managers.
Sponsor licence holders reporting and recording duties for absent sponsored employees
There are 2 absence reporting duties for sponsor licence holders:
- If a sponsored worker has been absent from work for more than 10 working days without your permission (classed as an unauthorised absence), whether or not you make any salary reductions for the period of unauthorised absence. For example, when a sponsored worker is unwell but doesn’t comply with the company’s absence reporting policy
- If a sponsored worker has been, or will be, absent from work either without pay or on reduced pay, for more than 4 weeks in total then you must report this even if the worker has a valid exception. If the worker doesn’t have a valid exception, you must also stop their sponsorship and report this on the sponsor management system
Although there is no Home Office requirement to report shorter absences without pay, or on reduced pay, some companies report absences as a means of ensuring that they do not fail to report a worker who exceeds permitted absences over the course of a calendar year.
Sponsor licence rules on sponsored worker’s absence from employment and valid exceptions
The Home Office guidance says that unless a valid exception applies an employer must normally stop sponsoring a worker on a skilled worker visa or health and care worker visa where the employee is absent from their sponsored work without pay, or is absent on reduced pay, for more than 4 weeks in total during any calendar year. The year runs from 1 January to 31 December.
The 4 weeks can either be one single period or cumulative days and weeks over the calendar year. Sponsorship Licence lawyers recommend that sickness absence reporting procedures are monitored to check that they are robust and working so the company does not inadvertently fall foul of the 4-week rule. That’s because the 4-week rule can be more complicated to monitor where the sponsored employee does not work on a full-time basis. For example, if the visa holder works a 3-day week the requirement on the company to cease sponsorship (unless the worker falls within a valid exception) applies after 12 working days in a calendar year.
Valid exception for absence so a sponsoring employer can continue sponsorship
Valid exception reasons making a sponsored worker’s absence from their sponsored employment of over 4 weeks into a permissible absence (so your company doesn’t have to stop sponsorship of the worker if they are absent without pay or on reduced pay) includes:
- Sick leave
- Statutory maternity, paternity, adoption and parental leave
However, even if the employee’s absence falls within an exception it still needs to be reported on the sponsor management system.
How OTS Solicitors can help your business
As specialist Sponsorship Licence lawyers, we receive lots of sponsor licence queries and can answer all your questions. We also provide a sponsor licence management service for a fixed monthly retainer to reduce the pressures on key personnel. We offer sponsor licence audits to check the robustness of HR systems and sponsor licence compliance as well as provide bespoke training for your company to ensure key personnel are fully aware of all the latest sponsor licence developments.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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