Income & Employment Guides UK — Maximise Your Earnings
Sick Leave Rights UK — SSP, Company Sick Pay & Returning to Work
Your rights to sick leave and sick pay in the UK, including SSP rates, qualifying conditions, company sick pay, fit notes, and what happens if you're off long-term.
Understanding your sick leave rights protects you when you’re unwell. Here’s what you’re entitled to in the UK.
At a Glance — Statutory Sick Pay (SSP) 2025/26
| Feature |
Detail |
| SSP rate |
£116.75 per week |
| Paid by |
Your employer |
| Duration |
Up to 28 weeks |
| Waiting days |
First 3 qualifying days are unpaid |
| Minimum earnings |
Must earn at least £123/week (Lower Earnings Limit) |
| Qualifying days |
Days you normally work (usually Mon–Fri) |
| Taxable |
Yes — SSP is subject to income tax and NI |
| Fit note required |
From day 8 of illness (self-certify for days 1–7) |
Who Qualifies for SSP
| Requirement |
Detail |
| Employee or agency worker |
Self-employed, directors without employment contracts, and some agency workers don’t qualify |
| Earning at least £123/week |
Below this threshold, you can’t get SSP |
| Sick for at least 4 consecutive days |
Including non-working days (e.g., weekends) |
| Notified employer |
Within your employer’s notification deadline (or within 7 days if none specified) |
| Not already receiving SSP for 28 weeks |
SSP stops at 28 weeks |
Who Doesn’t Qualify
| Group |
Alternative |
| Self-employed |
No SSP — claim ESA or Universal Credit |
| Earning under £123/week |
Claim ESA or Universal Credit |
| On maternity leave |
Statutory Maternity Pay or Maternity Allowance continues |
| Already had 28 weeks of SSP |
Claim ESA or Universal Credit |
| Within first 3 waiting days |
Company sick pay may cover this (employer dependent) |
SSP vs Company Sick Pay
| Feature |
SSP |
Company (occupational) sick pay |
| Rate |
£116.75/week |
Varies — often full pay for a period, then half pay |
| Duration |
28 weeks |
Varies by employer — typically 3–6 months full pay |
| Who sets the rules |
Government |
Your employer (check your contract) |
| Minimum standard |
SSP is the legal minimum |
Must be at least SSP |
| Waiting days |
3 days |
Often none (many employers pay from day 1) |
Typical Company Sick Pay Policies
| Service length |
Full pay period |
Half pay period |
| Under 1 year |
1 month |
1 month |
| 1–3 years |
2 months |
2 months |
| 3–5 years |
3 months |
3 months |
| 5+ years |
6 months |
6 months |
These are examples — your employer’s policy may differ. Check your contract or employee handbook.
Fit Notes
| Feature |
Detail |
| Needed from |
Day 8 of illness |
| Issued by |
GP, hospital doctor, nurse, pharmacist, occupational therapist, physiotherapist |
| Two categories |
“Not fit for work” or “May be fit for work” (with adjustments) |
| Duration |
GP decides — can be days, weeks, or months |
| Cost |
Free from the NHS |
| Self-certification |
For days 1–7 — use your employer’s form or write a statement |
“May Be Fit for Work” Adjustments
| Adjustment |
Example |
| Phased return |
Start with shorter hours, gradually increase |
| Amended duties |
Lighter tasks, no heavy lifting |
| Altered hours |
Start later, finish earlier, avoid rushes |
| Workplace adaptations |
Ergonomic equipment, ground-floor office |
Your employer doesn’t have to accept these adjustments — but if they can’t accommodate them, you’re treated as “not fit for work” and SSP continues.
Your Rights While Off Sick
| Right |
Detail |
| Receive SSP (if eligible) |
Employer must pay SSP — it’s the law |
| Not be dismissed automatically |
Must follow a fair process |
| Accrue holiday |
You continue to build up annual leave while off sick |
| Take holiday while sick |
You can request to take holiday during sick leave (and receive holiday pay instead of SSP) |
| Privacy |
Employer can ask about your condition but you don’t have to disclose a specific diagnosis (though it may help if you want adjustments) |
| Reasonable adjustments (disabled employees) |
Employer must consider adjustments under the Equality Act 2010 |
| Not be harassed |
Employer shouldn’t put unreasonable pressure on you to return |
Long-Term Sickness
| Timeframe |
What happens |
| Days 1–3 |
Waiting days — no SSP. Company sick pay may apply |
| Days 4–7 |
Self-certify. SSP begins (if eligible) |
| Day 8+ |
You need a fit note |
| 4+ weeks |
Employer should hold a welfare meeting and consider occupational health |
| Up to 28 weeks |
SSP continues |
| After 28 weeks |
SSP stops — claim ESA or Universal Credit |
| Ongoing |
Employer may begin capability process if no return date is foreseeable |
When SSP Runs Out
| Option |
Detail |
| ESA (Employment and Support Allowance) |
Up to £90.50/week (support group) — based on NI contributions or income |
| Universal Credit |
Includes a limited capability for work element (£416.19/month in support group) |
| PIP (Personal Independence Payment) |
£28.70–£184.30/week — based on how your condition affects daily life and mobility. Not means-tested |
| Occupational sick pay |
Your employer’s scheme may continue beyond 28 weeks |
| Income protection insurance |
If you have a policy, it typically kicks in after a waiting period |
Returning to Work
| Step |
Detail |
| Fit note expires |
You can return without further medical clearance (unless employer’s policy requires it) |
| Phased return |
GP may recommend a gradual return — discuss with your employer |
| Reasonable adjustments |
If you have a disability or long-term condition, employer must consider adjustments |
| Return-to-work meeting |
Most employers hold a brief meeting — this is normal and should be supportive |
| Occupational health referral |
Employer may refer you for an independent assessment |
Disability and the Equality Act
| Feature |
Detail |
| When the Act applies |
If your condition has a substantial and long-term (12+ months) effect on day-to-day activities |
| Reasonable adjustments |
Employer must make changes to help you do your job |
| Discrimination |
Cannot treat you less favourably because of your disability |
| Sickness absence triggers |
Disability-related absence may need to be discounted from sickness records |
| Examples of adjustments |
Flexible hours, home working, modified duties, equipment, time off for treatment |
Common Questions
| Question |
Answer |
| Can my employer contact me while I’m off sick? |
Yes — but contact should be reasonable and supportive, not pressuring |
| Can I go on holiday while off sick? |
Yes — sick leave and holiday are separate. Being off sick doesn’t mean being housebound |
| Can I do other work while on sick leave? |
Risky — if your employer finds out, it could be grounds for dismissal |
| Do I get sick pay during my notice period? |
Yes — SSP continues during your notice period if you’re eligible |
| Can I be made redundant while off sick? |
Yes — if the redundancy is genuine and not related to your sickness |
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