Understanding Sick Leave in the UK
Sick leave is the time you take off work when you’re unwell and unable to perform your job. In the UK, every employee is entitled to take sick leave if they are ill, injured, or have a health condition that prevents them from working safely or effectively. This right applies whether your illness is physical or mental.
You can take sick leave whenever you are genuinely unwell and unable to work. There’s no minimum period of employment required to qualify for time off due to sickness. You can also take sick leave for short-term illnesses, such as a cold or flu, as well as for longer-term health conditions or recovery from surgery.
There’s no legal limit on the amount of sick leave you can take. The law does not set a maximum number of days or weeks for sick leave. Instead, the amount of time off you need should be based on your health and medical advice. However, your employer may have their own sickness absence policy, so it’s a good idea to check your employment contract or staff handbook for details on how sickness absence is managed.
If you’re off sick for more than seven consecutive days (including non-working days), you’ll usually need to provide a “fit note” (also known as a sick note) from your doctor. For absences of seven days or less, you can typically self-certify, which means telling your employer you’ve been ill without needing a doctor’s note.
It’s important to let your employer know as soon as possible if you’re too ill to work. Most workplaces have a procedure for reporting sickness, such as calling your manager or the HR department before your shift starts. Failing to follow the correct process could affect your sick pay or be treated as unauthorised absence.
When notifying your employer, give them an idea of how long you expect to be off and keep them updated if your situation changes. Good communication helps your employer plan cover for your work and ensures you receive the right support.
Employers have a duty to treat employees fairly during sick leave. This includes:
Recording your absence and managing it according to their sickness policy.
Paying you any sick pay you’re entitled to, such as Statutory Sick Pay (SSP) or contractual sick pay if your contract provides more generous terms.
Not discriminating against you because of your illness or disability, as protected by the Equality Act 2010.
Supporting your return to work, which may include reasonable adjustments if you have a long-term health condition or disability.
If you’re unsure about your rights or feel your employer isn’t meeting their responsibilities, you can learn more about your overall leave rights as an employee in the UK.
Understanding how sick leave works helps you protect your health and your job. If you need more information about sick pay or how to claim it, see the other sections on this page.
When Can You Take Sick Leave?
In the UK, you can take sick leave when you are unwell and unable to work due to illness, injury, or a health condition. There are no minimum service requirements for taking sick leave—your right to be absent from work when you are genuinely sick applies from your first day of employment. This right is protected under the Employment Rights Act 1996.
You are eligible to take sick leave if:
You are an employee or worker (including agency and casual workers).
You are unable to do your job because of physical or mental illness, injury, or a medical condition.
You follow your employer’s sickness reporting procedures, such as notifying them as soon as possible and providing any required evidence (like a ‘fit note’ from your GP if you are off for more than 7 days).
There is no legal limit to the number of days you can take off as sick leave, but your employer may have their own policies on how long you can be absent before further action is taken, such as a formal review.
You can take sick leave for a wide range of reasons, including:
Short-term illnesses like the flu, stomach bugs, or migraines.
Long-term or chronic conditions such as diabetes, depression, or back pain.
Recovery from surgery or medical procedures.
Pregnancy-related illnesses, such as severe morning sickness (although this is separate from maternity leave).
Work-related injuries or stress.
If you are absent due to a workplace accident, you should still follow the same sick leave procedures, but you may also have additional rights under health and safety laws.
Sick leave is specifically for when you are unfit to work due to health reasons. It is different from:
Annual leave: This is paid holiday time you book in advance for rest, travel, or personal matters.
Carer’s leave: Time off to care for a dependent who is ill or needs support (covered by separate rules).
Parental leave: Leave taken for childcare purposes, such as maternity, paternity, or adoption leave.
Compassionate or bereavement leave: Time off following the death or serious illness of a loved one.
If you fall ill during a period of annual leave, you can usually request that your sick days are treated as sick leave instead, allowing you to take your holiday at a later date.
Always inform your employer as soon as possible if you are unable to attend work due to sickness.
Check your employment contract or staff handbook for specific reporting procedures.
For absences longer than 7 days, you will need to provide a fit note from your doctor.
Your employer cannot force you to work while you are genuinely unwell, and you are protected from unfair treatment or dismissal because of legitimate sick leave.
If you have concerns about your eligibility or your employer’s policies, consider seeking advice from a trade union, ACAS, or a legal adviser.
Notifying Your Employer About Sickness
If you are too ill to work, it’s important to inform your employer as soon as possible. Proper notification is not only a workplace courtesy—it’s also a legal requirement if you want to qualify for Statutory Sick Pay (SSP) or any contractual sick pay your employer may offer.
You should notify your employer as soon as you know you are unable to work, ideally before your normal start time or as early as your workplace policy requires. Most employers will have a procedure for reporting sickness, which may include calling a manager, sending an email, or using an online system. Always check your employment contract or staff handbook for specific instructions.
Under UK law, you must inform your employer of your sickness within seven days to qualify for SSP. However, many employers ask for notification on the first day of absence. If you do not follow your employer’s procedure or delay notifying them, you could lose some or all of your sick pay entitlement.
When you contact your employer, you should give them:
The fact that you are unwell and unable to work
The expected length of your absence, if you know it
The nature of your illness (you do not have to provide detailed medical information if you prefer not to)
Any urgent work or responsibilities that need to be covered
It’s helpful to keep your employer updated if your situation changes, especially if you need to be off longer than expected.
For the first seven calendar days of sickness, you can usually self-certify your absence. This means you simply confirm to your employer that you have been ill, either verbally or in writing, depending on company policy.
If you are off work for more than seven days (including non-working days), your employer can ask you to provide a ‘fit note’ (also known as a ‘sick note’) from your GP or hospital doctor. This is an official statement that confirms you are not fit for work. The fit note will also state how long you should remain off work and whether you could return with adjustments.
Employers have the right to request this evidence before paying SSP for absences longer than seven days. If you do not provide a fit note when requested, your employer can withhold sick pay until you do.
Always check your employer’s sickness reporting policy and follow it closely.
Notify your employer as soon as possible, even if you are unsure how long you’ll be off.
Keep records of when and how you notified your employer in case of any disputes.
If your illness continues beyond seven days, arrange to get a fit note from your GP in good time.
By following the correct notification process, you help protect your rights to sick pay and maintain good communication with your employer.
Sick Pay: What You Are Entitled To
When you’re too unwell to work, understanding your rights around sick pay is important. In the UK, there are different ways you might be paid while off sick, depending on your employer’s policy and your employment status.
Most employees in the UK are entitled to Statutory Sick Pay (SSP) if they are off work due to illness. Some employers may also offer their own sick pay scheme, which can provide more generous payments than SSP. This is sometimes called “occupational sick pay” or “company sick pay”.
If your employer has such a scheme, it should be detailed in your employment contract or staff handbook. If not, you are still entitled to SSP as long as you meet the eligibility requirements.
Statutory Sick Pay is the minimum amount employers must pay eligible employees who are off work due to illness. The rules for SSP are set out in the Social Security Contributions and Benefits Act 1992 and related regulations.
You are usually entitled to SSP if:
You are classed as an employee and have done some work for your employer.
You earn at least £123 per week (before tax) on average.
You have been ill for at least 4 days in a row (including non-working days).
Some workers, such as agency staff or zero-hours contract workers, may also qualify if they meet the earnings and work requirements. However, you will not get SSP if:
You have already received SSP for 28 weeks and are still off sick.
You are receiving Statutory Maternity Pay or Maternity Allowance.
You are self-employed.
As of April 2024, SSP is paid at a flat rate of £116.75 per week. Your employer will pay this in the same way as your normal wages (for example, weekly or monthly), and tax and National Insurance will be deducted as usual.
You can get SSP for up to 28 weeks for each period of sickness. If you have more than one period of sickness, these may be linked if they are 8 weeks or less apart, and the total can’t be more than 28 weeks.
If you are off sick for 10 weeks and meet all the eligibility criteria, you would receive £116.75 per week for each week you are off, paid by your employer.
Some employers provide their own sick pay schemes, which can offer more generous benefits than SSP. This might include:
Full pay for a certain number of weeks
A higher rate of pay than SSP
Longer periods of paid sick leave
The details of any company sick pay scheme should be set out in your contract or staff handbook. If your employer’s scheme pays less than SSP, they must still top up your pay to at least the SSP amount.
If you are unsure about your sick pay entitlement, ask your employer or HR department for details. You are entitled to a written statement of your terms and conditions, which should include information about sick pay.
Can I get sick pay from day one? SSP is only paid from the fourth day you are off sick. The first three days are called “waiting days” and are usually unpaid, unless your employer’s scheme is more generous.
What if I have more than one job? You may be entitled to SSP from each employer if you meet the qualifying conditions for each job.
What if my SSP runs out? If you are still too ill to work after 28 weeks, you may be able to claim other benefits, such as Employment and Support Allowance (ESA).
Understanding your sick pay rights can help you plan and manage your finances if you need time off work due to illness. Always check your employment contract or speak to your employer for more information about your specific situation.
Statutory Sick Pay (SSP) Explained
Statutory Sick Pay (SSP) is a legal minimum payment that most employees in the UK are entitled to if they are too ill to work. Understanding your rights around SSP can help you manage your finances and ensure you receive the support you’re entitled to when you’re unwell.
To qualify for SSP, you must:
Be classed as an employee and have done some work for your employer.
Earn at least £123 per week (before tax) on average.
Be off work sick for at least four days in a row (including non-working days). The first three days are known as “waiting days” and are usually unpaid unless you’ve received SSP within the last eight weeks and are ill again.
Notify your employer according to their rules (usually within seven days, but check your contract or staff handbook).
Some employees are not eligible for SSP, including:
Those on statutory maternity pay or allowance.
Employees who have already received the maximum amount of SSP (28 weeks in a period of sickness).
Agency workers after their contract ends.
Self-employed individuals.
These rules are set out in the Social Security Contributions and Benefits Act 1992 and the Statutory Sick Pay (General) Regulations 1982.
You do not need to fill in a government form to claim SSP. Instead, you must inform your employer as soon as possible that you are unable to work due to illness. Your employer may have specific procedures for reporting sickness, so follow their requirements carefully.
If you are off sick for more than seven days in a row (including weekends and non-working days), your employer can ask you for a ‘fit note’ (sometimes called a sick note) from your GP or hospital doctor. For shorter absences, you can usually self-certify by telling your employer the reason for your illness.
As of April 2024, SSP is paid at a standard rate of £109.40 per week. This amount is subject to tax and National Insurance, just like your normal wages.
You can receive SSP for up to 28 weeks in any period of sickness. If you have more than one period of sickness, they may be linked if they are separated by eight weeks or less, and the total time off is treated as one period for SSP purposes.
Employers pay SSP in the same way as your normal wages (for example, weekly or monthly), and you should see it on your payslip.
If you believe you are eligible for SSP but your employer refuses to pay, they must give you a written explanation on form SSP1 within seven days of their decision. This form is also used if your SSP is ending (for example, after 28 weeks).
If you disagree with your employer’s decision, you can:
Ask your employer for a clear explanation and check your employment contract for any additional sick pay arrangements.
Contact HM Revenue & Customs (HMRC) for advice or to make a formal complaint.
Seek help from an employment adviser or trade union representative if you have one.
If you are not eligible for SSP or your SSP ends, you may be able to claim other benefits, such as Universal Credit or Employment and Support Allowance (ESA).
Understanding the rules around SSP can help ensure you get the financial support you need when you’re unable to work due to illness. If you’re unsure about your rights, it’s always a good idea to speak to your employer or seek independent advice.
Employer Sick Pay Schemes
Many employers in the UK offer their own sick pay schemes, often known as contractual or company sick pay. These schemes are separate from Statutory Sick Pay (SSP), which is the minimum sick pay required by law under the Social Security Contributions and Benefits Act 1992. Understanding the difference between these options and knowing what you’re entitled to is important if you need to take time off work due to illness.
A contractual or company sick pay scheme is a benefit provided by your employer that goes beyond the basic legal requirement of SSP. Under such schemes, you may receive your normal pay, or a higher rate of pay, for a set period if you are off sick. The exact terms—such as how much you’ll be paid and for how long—depend on your employer’s policy.
For example, some companies might pay full salary for the first month of sickness and then half pay for several months after. Others might offer full pay for a shorter or longer period, or provide additional benefits like private medical support.
Statutory Sick Pay (SSP) is the minimum amount employers must pay eligible employees who are off sick for more than three consecutive working days. As of April 2024, SSP is £109.40 per week, paid for up to 28 weeks. Not all employees qualify for SSP—there are eligibility criteria, including minimum earnings and employment status.
Company sick pay schemes, on the other hand, are optional. If your employer offers one, it will usually provide better terms than SSP, such as higher pay or longer periods of support. Importantly, employers cannot pay less than SSP unless you are not eligible for it, but they can choose to pay more.
If you receive company sick pay, your employer may include SSP as part of this payment. For example, if your company sick pay is your full salary, this amount may include the SSP you are entitled to, rather than being paid on top of it.
Your right to contractual sick pay depends on what’s written in your employment contract or your employer’s sickness policy. Employers are legally required to state their sick pay arrangements in your written statement of employment particulars, which you should receive within two months of starting work.
Check your contract or staff handbook for details such as:
How much sick pay you’ll receive and for how long
Any qualifying period before you’re eligible for company sick pay
What evidence you need to provide (such as a fit note from your GP)
Any procedures you must follow when reporting sickness
If your contract does not mention company sick pay, you will usually only be entitled to SSP if you meet the eligibility criteria.
If you’re unsure about your entitlement, speak to your HR department or manager. If you believe your employer is not following the terms set out in your contract, you may have grounds to raise a grievance or seek further advice. Always keep records of your communications and any documentation related to your sick leave.
Understanding the difference between statutory and contractual sick pay—and knowing where to find your entitlements—can help ensure you receive the correct support if you need to take time off due to illness.
Your Rights and Employer Responsibilities
When you’re unwell and unable to work, UK law gives you important rights and protections. At the same time, your employer has clear responsibilities to ensure you’re treated fairly and your health information is respected.
By law, employers must allow employees to take time off work when they are genuinely ill. This right applies from the first day of employment. If you’re off sick for more than seven calendar days, you may be asked to provide a fit note from your doctor.
Your employer is legally required to pay Statutory Sick Pay (SSP) if you qualify. As of April 2024, SSP is £116.75 per week and can be paid for up to 28 weeks. Some employers offer more generous sick pay schemes, known as contractual sick pay, so it’s worth checking your employment contract or staff handbook for details.
Employers must not pressure you to return to work before you are well enough, nor can they refuse reasonable time off due to illness. Failing to follow these rules could be a breach of the Employment Rights Act 1996.
It is unlawful for your employer to treat you unfairly or dismiss you simply because you are off sick. You are protected against unfair dismissal and discrimination under the Equality Act 2010, especially if your illness is considered a disability.
If you feel you have been treated unfairly—such as being demoted, disciplined, or dismissed because of taking sick leave—you have the right to challenge this. In such cases, you may want to follow your company’s grievance process or explore employment dispute procedures to seek a resolution.
Employers must keep accurate records of your sickness absence and any sick pay provided. These records should only be used for legitimate business reasons, such as calculating pay or monitoring absence levels.
Your health information is sensitive and protected by data protection laws, including the UK General Data Protection Regulation (GDPR). This means your employer must keep details of your illness confidential and only share them with those who need to know, such as HR or payroll staff.
If you have concerns about how your health information is being handled, you can raise this with your employer or seek advice from the Information Commissioner’s Office (ICO).
Understanding your rights and your employer’s responsibilities helps ensure you receive fair treatment when you’re unwell. If you ever feel your rights are not being respected, don’t hesitate to seek support or further information.
Protection Against Unfair Treatment
You are legally protected from unfair treatment at work because of sickness. Under the Equality Act 2010, employers must not discriminate against you for having a health condition or disability. This means you cannot be treated less favourably, dismissed, or denied opportunities simply because you have been off sick or are managing a long-term health issue.
If your illness amounts to a disability under the Equality Act, your employer has a duty to make reasonable adjustments to help you do your job. Discrimination can take many forms, such as being overlooked for promotion, being given less favourable duties, or being excluded from workplace activities because of your sickness. Even if your condition is not classed as a disability, you still have the right not to be treated unfairly for being absent due to illness.
Facing bullying or harassment at work because of sickness is not acceptable. Bullying may include negative comments, isolation, or pressure to return before you are fit. Harassment related to illness or disability is unlawful, and employers are responsible for preventing it. If you experience this kind of behaviour, keep a record of incidents, including dates, times, and details of what happened.
If you believe you are being treated unfairly due to sickness, start by raising the issue informally with your manager or HR department. Explain your concerns clearly and provide any evidence you have. If the problem continues, you may need to use your employer’s formal grievance process. For more guidance on how to address these issues, see our information on employment dispute procedures.
Remember, if you feel your rights are being ignored or you are experiencing ongoing discrimination, you can seek advice from organisations such as Acas or consult a legal professional. Acting promptly can help protect your rights and ensure you are treated fairly at work.
How to Claim Statutory Sick Pay (SSP)
If you are too ill to work, you may be entitled to receive Statutory Sick Pay (SSP) from your employer. SSP is a legal minimum payment set by the government, designed to support employees during periods of sickness. Here’s what you need to know about claiming SSP, including the steps to take, what evidence you need to provide, and what to do if your claim is refused.
Notify Your Employer Promptly: To qualify for SSP, you must tell your employer that you are sick as soon as possible. Most employers require you to inform them before a certain time on your first day of absence—check your employment contract or staff handbook for specific rules. If you do not notify your employer within seven days (or the timeframe set by your employer), you could lose your right to SSP for the days before you made contact.
Meet the Eligibility Criteria: You must be classed as an employee and have done some work for your employer. You also need to earn at least the Lower Earnings Limit (LEL), which is reviewed each tax year (£123 per week for 2023/24). SSP is available for up to 28 weeks for each period of sickness.
Wait for the Qualifying Days: SSP is only paid after you have been off work sick for four or more days in a row (including non-working days). The first three days are known as “waiting days” and are usually unpaid, unless you have been off sick and claimed SSP within the last eight weeks.
Self-Certification (First 7 Days): For the first seven days of sickness (including non-working days), you can “self-certify” by telling your employer you are unwell. Some employers may ask you to fill in a self-certification form on your return to work.
Fit Note Requirement (After 7 Days): If you are off sick for more than seven days, you must provide your employer with a “fit note” (sometimes called a sick note) from your GP or hospital doctor. The fit note will state whether you are “not fit for work” or “may be fit for work” with certain adjustments.
Other Medical Evidence: In some cases, your employer may ask for additional medical evidence, but they cannot demand a fit note for absences of seven days or less.
If your employer refuses to pay you SSP, they must give you form SSP1 within seven days of their decision or within seven days of your SSP ending. This form should explain the reason for the refusal, such as not meeting the earnings threshold or being classed as self-employed.
Common reasons for refusal include:
You do not earn enough to qualify.
You have already received SSP for 28 weeks.
You are not classed as an employee.
If you believe you are eligible but your employer refuses to pay, keep a record of your communications and any evidence you have provided.
If you disagree with your employer’s decision to refuse SSP, you have the right to challenge it. Here’s what you can do:
Contact HM Revenue & Customs (HMRC): Send the completed SSP1 form and any supporting evidence to HMRC’s Statutory Payments Disputes Team. HMRC will review your case and may contact your employer for more information.
Seek Advice: If you need help understanding your rights or preparing your case, you can contact organisations such as Citizens Advice, Acas, or a trade union representative.
Keep Records: Maintain copies of all correspondence, fit notes, and forms. This will help if you need to escalate your claim or seek further support.
Legal Reference: The right to SSP is set out in the Social Security Contributions and Benefits Act 1992 and the Statutory Sick Pay (General) Regulations 1982. Employers must follow these rules when assessing eligibility and processing claims.
Always notify your employer as soon as you know you will be off sick.
Keep copies of all fit notes and communication with your employer.
If you are worried about your SSP entitlement, ask your employer for written reasons if they refuse payment.
If your situation is complicated (for example, you have more than one job or variable earnings), seek advice to ensure you receive the correct payments.
Understanding your rights and the process for claiming SSP can help you get the support you need if you are unwell and unable to work.
Mental Health and Sick Leave
Mental health is just as important as physical health, and UK employment law recognises mental health conditions as a valid reason for taking sick leave. If you are experiencing issues such as anxiety, depression, stress, or any other mental health concern that affects your ability to do your job, you have the right to take time off work. Your employer should treat mental health-related absence in the same way as physical illness, following the same rules for reporting absence and sick pay.
Under the Employment Rights Act 1996 and the Equality Act 2010, you are protected against discrimination due to mental health conditions. If your mental health issue is considered a disability under the Equality Act, your employer must make reasonable adjustments to support you at work. You are entitled to Statutory Sick Pay (SSP) if you meet the eligibility criteria, regardless of whether your illness is physical or mental.
To take sick leave for mental health reasons, you should notify your employer as soon as possible, following your workplace’s sickness absence policy. If you are off work for more than seven days, you will need to provide a fit note (sometimes called a sick note) from your GP or another healthcare professional.
Workplace stress, bullying, or a toxic environment can have a significant impact on your mental health, sometimes leading to conditions that make it difficult or impossible to continue working. If your mental health has been affected by issues at work, it’s important to let your employer know. They have a duty of care to protect your wellbeing and should take steps to address the causes of stress or illness.
In some cases, mental health issues may arise from specific incidents at work. For example, if you have been affected by workplace assault and mental health support, you have the right to seek help and take time off if needed.
Employers are encouraged to foster a supportive environment for mental health. Many workplaces offer access to Employee Assistance Programmes (EAPs), counselling services, or mental health first aiders. You can also speak to your HR department or line manager about adjustments that could help you return to or remain at work, such as flexible hours, a phased return, or changes to your workload.
If your employer is not supportive or does not respect your rights around mental health and sick leave, you may wish to seek advice or raise a formal grievance.
If you are struggling with your mental health, you are not alone. In addition to workplace resources, you can speak to your GP, who can provide medical advice, issue fit notes, and refer you to specialist services if needed. Charities such as Mind, Samaritans, and Rethink Mental Illness offer confidential support and information.
Remember, taking time off for your mental health is your right, and seeking help is a positive step towards recovery. If you have questions about your sick leave or need guidance on your rights, you can explore related topics on this site or contact an employment law adviser for personalised support.
Related Leave Types and Support
When you’re dealing with illness, it’s important to know about other types of leave and support that might be available to you or your family. In addition to sick leave, UK employees have rights to several related forms of leave, especially if you have caring responsibilities or family needs.
If you’re responsible for looking after a sick or disabled relative, you may be entitled to caregiver leave. This type of leave is designed to give employees time off work to care for dependants without risking their job. The Carer’s Leave Act 2023 introduced the right to take up to one week of unpaid leave each year to care for a dependant with a long-term care need. This is in addition to your rights to time off for emergencies involving dependants, which is available under the Employment Rights Act 1996.
Caregiver leave can be used alongside sick leave. For example, if you’re unwell and then need time to care for a family member, you can request caregiver leave after your own period of sick leave ends. Some employers may offer additional paid or unpaid leave for carers, so it’s worth checking your contract or staff handbook.
You may also be entitled to workplace adjustments or support under your employer’s carers’ leave and accommodations policies. This could include flexible working arrangements or reasonable adjustments if you are disabled or caring for someone who is.
Your holiday entitlement is protected by law, even if you’re off sick. Under the Working Time Regulations 1998, you continue to accrue annual leave while on sick leave. If you’re unable to take your holiday because of illness, you can carry it over to the next leave year. You can also request to take paid holiday while off sick, which may be helpful if you’re not eligible for Statutory Sick Pay (SSP) or your SSP has ended.
If you’re expecting a child or have recently become a parent, you may be entitled to maternity, paternity & parental leave. These rights are separate from sick leave and provide additional protections and pay for new parents. For example, statutory maternity leave lasts up to 52 weeks, and statutory paternity leave is up to two weeks. Parental leave allows each parent to take up to 18 weeks of unpaid leave per child before the child’s 18th birthday.
Understanding the full range of leave options available can help you balance your work and personal responsibilities, especially during challenging times. If you’re unsure about your entitlements or your employer’s policies, it’s a good idea to talk to your HR department or seek advice from a workplace adviser.
For more details on your rights, explore our pages on caregiver leave, holiday entitlement, maternity, paternity & parental leave, and carers’ leave and accommodations for further guidance.
