Understanding Sick Pay During Pregnancy
Sick pay is a financial safety net for employees who are too unwell to work, ensuring you still receive some income when you need to take time off due to illness. During pregnancy, sick pay becomes especially important, as expectant mothers may face unique health challenges that require time away from work. Knowing your rights to sick pay can help you manage both your health and finances throughout your pregnancy.
Pregnancy can bring a range of health issues – some common reasons for taking sick leave include severe morning sickness (hyperemesis gravidarum), back pain, high blood pressure, or complications like pre-eclampsia. Even minor illnesses can sometimes be more disruptive during pregnancy, making it essential to understand what support is available if you need time off.
For most employees in the UK, the main entitlement is Statutory Sick Pay (SSP). SSP is a legal minimum amount paid by your employer if you’re too ill to work, including when the illness is pregnancy-related. To qualify for SSP, you must:
- Be classed as an employee and have started work with your employer.
- Earn at least £123 per week (before tax).
- Have been ill for at least four consecutive days (including non-working days).
If your illness is connected to your pregnancy, your rights are protected under the Equality Act 2010. Your employer cannot treat you unfairly or dismiss you for taking pregnancy-related sick leave. It’s also important to note that if you are off work due to a pregnancy-related illness in the four weeks before your baby is due, your employer can start your maternity leave automatically.
Employers may also offer contractual sick pay, which can be more generous than SSP. Check your employment contract or staff handbook to see if you’re entitled to additional benefits.
Understanding how sick pay works during pregnancy is just one part of your broader employment rights. For a full overview of workplace entitlements, see our guide to Sick Leave and Sick Pay. You may also want to explore further details about employment benefits in the UK by visiting Sick Leave and Sick Pay in our legal overview. This can help you make informed decisions about your rights, your health, and your career during pregnancy.
Eligibility for Statutory Sick Pay During Pregnancy
When you’re pregnant and unable to work due to illness or pregnancy-related complications, you may be entitled to Statutory Sick Pay (SSP) from your employer. Understanding the eligibility criteria is key to making sure you receive the support you’re entitled to.
Who Qualifies for SSP During Pregnancy?
Pregnant employees have the same basic rights to SSP as any other employee. You may be eligible if:
- You are classed as an employee and have started work with your employer.
- You have been ill for at least 4 consecutive days (including non-working days).
- You earn at least £123 per week (before tax) on average.
- You have notified your employer about your sickness according to their procedures.
These rules apply whether your illness is related to your pregnancy or not. However, if your absence is specifically due to pregnancy-related illness, it’s important to inform your employer that your sickness is connected to your pregnancy. This ensures you are protected against unfair treatment and helps your employer meet their legal obligations.
For more detail on the general rules, see our guide on Eligibility for Statutory Sick Pay.
Pregnancy-Related Illness and SSP
If you experience pregnancy-related health issues – such as severe morning sickness, high blood pressure, or complications like pre-eclampsia – you can claim SSP as long as you meet the standard requirements. You do not need to provide extra evidence beyond a fit note from your GP or midwife if your employer requests it.
It’s also important to note that if your pregnancy-related sickness occurs in the four weeks before your baby is due, your employer may start your maternity leave automatically. This rule is designed to protect your health and ensure you receive the right support. However, if you are off sick before this period, you can remain on SSP until your maternity leave begins, as long as you remain eligible.
Earnings and Employment Duration
To qualify for SSP, you must earn at least the lower earnings limit, which is currently £123 per week (2024/25 tax year). This is calculated on average over the eight weeks before your sickness began. If your earnings are below this threshold, you may not be eligible for SSP, but you might be able to claim other benefits.
There is no minimum length of employment required, but you must have started work for your employer before you become sick.
For a full breakdown of SSP rates, eligibility, and how to claim, visit the official Statutory Sick Pay (SSP) guidance on GOV.UK.
What If You Don’t Qualify?
If you don’t meet the SSP criteria, you may have other options, such as Employment and Support Allowance (ESA) or Universal Credit. Your employer should give you form SSP1 explaining why you’re not eligible for SSP so you can apply for other support.
For a wider overview of your rights and other workplace benefits available during pregnancy and sickness, see our section on Sick Leave and Sick Pay within the UK legal framework.
Understanding your rights is the first step to ensuring you’re treated fairly during pregnancy. If you believe your employer is not respecting your sick pay rights, it’s a good idea to seek advice from your union, ACAS, or a legal adviser.
How Statutory Sick Pay Works When You Are Pregnant
When you’re pregnant and need time off work due to illness, you may be entitled to Statutory Sick Pay (SSP). Understanding how SSP works during pregnancy is important, as it can affect your income and your entitlement to maternity benefits. Here’s what you need to know:
How Much SSP You Can Get and for How Long
If you’re eligible, SSP is paid by your employer at a standard rate set by the government. For the 2023/24 tax year, SSP is £109.40 per week (before tax and National Insurance), and it can be paid for up to 28 weeks. You must earn at least £123 per week (before tax) to qualify. The rules for Statutory Sick Pay Duration and Extensions apply equally if your sickness is related to pregnancy.
Pregnancy-related illnesses are treated the same as other sickness absences in terms of SSP entitlement. However, if you are off sick with a pregnancy-related illness in the four weeks before your baby is due, your employer may start your maternity leave and pay automatically. This is known as the “automatic trigger” for Statutory Maternity Pay (SMP).
Reporting Sickness and Providing Evidence
To claim SSP, you must inform your employer as soon as possible, following their usual sickness reporting procedures. If you’re off work for more than seven days (including non-working days), your employer will usually ask for medical evidence – commonly a fit note (sometimes called a doctor’s note).
A fit note can be provided by a doctor, nurse, occupational therapist, pharmacist, or physiotherapist. It confirms you are not fit for work and may suggest adjustments your employer could make to help you return. For more on what’s required and how to get one, see Fit Notes and Doctor’s Notes. The government’s Fit Note Guidance also explains how fit notes work and how they can support discussions with your employer about reasonable adjustments during pregnancy.
How SSP Interacts with Maternity Pay and Other Benefits
If you’re off work due to a pregnancy-related illness, SSP is usually paid until either you return to work, reach the 28-week limit, or enter the four weeks before your due date. If you are still off sick for a pregnancy-related reason in those final four weeks, your employer must start your statutory maternity pay (SMP) or maternity allowance (if you qualify), even if you planned to start maternity leave later.
While on SSP, you continue to build up holiday entitlement and other employment rights. However, you cannot receive SSP and SMP at the same time. Once maternity leave begins, SSP stops and SMP (or maternity allowance) takes over.
If you’re unsure how much SSP you should receive, use our guide to Calculating Your Statutory Sick Pay for step-by-step help.
Additional Support and Advice
Pregnancy can raise questions about your wider employment rights, including sick pay, maternity leave, and workplace adjustments. For a broader overview of your entitlements, visit our section on Sick Leave and Sick Pay within the context of employment benefits.
Understanding your rights ensures you get the support you need during pregnancy-related sickness. If you feel your employer isn’t respecting your entitlements, you may want to seek further advice or take action.
Managing Sick Leave and Pay Alongside Maternity Leave
Managing Sick Leave and Pay Alongside Maternity Leave
Understanding how sick leave and maternity leave interact is important for pregnant employees planning time off work. Both types of leave serve different purposes and are governed by specific legal rules in the UK.
The Difference Between Sick Leave and Maternity Leave
Sick leave is time off work due to illness or a health condition, including pregnancy-related sickness. During sick leave, you may be entitled to Statutory Sick Pay (SSP) or contractual sick pay from your employer, depending on your contract.
Maternity leave, on the other hand, is a period of leave specifically for pregnancy and childbirth. All eligible employees are entitled to up to 52 weeks of maternity leave – 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave – regardless of how long they have worked for their employer. You may also be eligible for Statutory Maternity Pay (SMP) or Maternity Allowance.
For a comparison between sick leave and other types of leave, such as annual leave, see our guide on Sick Leave vs Annual Leave.
How Sick Pay Can Affect Maternity Pay and Leave
Pregnancy-related sickness can impact your maternity pay and leave entitlements in several ways:
- Triggering Maternity Leave Early: If you are off work due to a pregnancy-related illness in the last four weeks before your expected week of childbirth, your maternity leave will automatically start, even if you had planned to work longer. This is required by law to protect your health and ensure a smooth transition to maternity leave.
- Statutory Sick Pay (SSP) and Maternity Pay: You cannot receive SSP and SMP at the same time. If your maternity leave starts, your sick pay will stop, and you will move onto maternity pay (if eligible).
- Impact on Statutory Maternity Pay (SMP) Eligibility: Your average earnings during the qualifying period (usually weeks 17 to 25 of pregnancy) determine if you qualify for SMP. If you are on unpaid sick leave or only receiving SSP during this period, it could reduce your average earnings and affect your entitlement to SMP.
It’s important to keep records of your sick leave and any communications with your employer, as this information may be needed if there are questions about your pay or leave entitlements.
Planning and Communicating With Your Employer
Clear communication with your employer is essential when managing sick leave and planning for maternity leave. Here are some practical steps:
- Notify Your Employer Promptly: Let your employer know as soon as possible if you need to take sick leave due to a pregnancy-related illness. Provide any required medical evidence, such as a fit note from your GP or midwife.
- Discuss Your Plans: Talk to your employer about your intended maternity leave start date. If you become unwell in the last four weeks of pregnancy, be aware that your maternity leave may start automatically.
- Understand Your Rights: Familiarise yourself with your rights under the Maternity and Parental Leave Regulations 1999, which set out your entitlements to maternity leave and pay.
- Check Your Contract: Some employers offer enhanced sick pay or maternity pay, so review your employment contract or staff handbook for additional benefits.
If you have concerns about your employment rights or need further guidance on leave entitlements, you may find it helpful to review the section on Maternity, Paternity, and Parental Leave for a broader overview of employment benefits.
By understanding the rules and maintaining open communication with your employer, you can better manage your sick leave and ensure a smooth transition to maternity leave. If you feel your rights are not being respected, you may wish to seek advice from a union representative, ACAS, or a legal professional.
Steps to Take If Your Sick Pay Rights Are Not Respected
If your employer refuses to pay you sick pay during pregnancy, it’s important to know your rights and the steps you can take to resolve the issue. Pregnant employees are entitled to Statutory Sick Pay (SSP) if they meet the eligibility criteria, regardless of pregnancy. Refusing sick pay on the basis of pregnancy is not only unfair – it can also be unlawful.
1. Check Your Eligibility and Gather Evidence
First, confirm that you meet the requirements for SSP. You must be classed as an employee, earn at least £123 per week (2023/24 tax year), and have been off sick for at least four consecutive days (including weekends and non-working days). You may need to provide a ‘fit note’ from your doctor if you’re off for more than seven days.
Keep a record of your sickness absence, any correspondence with your employer, and copies of medical notes. This documentation will be important if you need to escalate your complaint.
2. Raise the Issue with Your Employer
Approach your employer, HR department, or payroll team to discuss the refusal. Sometimes, misunderstandings or administrative errors can be resolved quickly by providing the necessary documentation or clarifying your situation.
If your absence was due to pregnancy-related illness, make sure your employer understands this. Pregnancy-related sickness should be recorded separately from other absences and should not be used against you in disciplinary or redundancy decisions.
3. Submit a Formal Grievance
If informal discussions do not resolve the issue, you have the right to raise a formal grievance. Follow your employer’s grievance procedure, setting out your concerns in writing and including any supporting evidence. This process is your opportunity to explain why you believe your sick pay rights have been denied.
4. Seek Advice and Support
If you’re unsure about your next steps, consider seeking advice from an external organisation. ACAS (Advisory, Conciliation and Arbitration Service) offers free, confidential advice on workplace rights and can help mediate disputes. Trade unions, if you’re a member, can also provide support and representation.
You may also find it helpful to read about Your Rights at Work During Pregnancy and Maternity to better understand the protections in place for pregnant employees.
5. Consider Legal Action
If your employer still refuses to pay sick pay or you believe you have been treated unfairly because of your pregnancy, you may have grounds for a claim of pregnancy and maternity discrimination under the Equality Act 2010. You can make a claim to an employment tribunal, but you must usually start the process within three months less one day from the date of the alleged discrimination.
It’s a good idea to seek legal advice before starting a claim, as employment law can be complex and strict time limits apply.
6. Related Situations
If your situation involves needing to leave work unexpectedly due to illness while pregnant, you may find our guide on Going Home Sick Halfway Through the Day helpful.
Remember, you have the right to be treated fairly at work during your pregnancy. Taking prompt, informed action can help ensure your sick pay rights are respected.
Additional Support and Adjustments at Work During Pregnancy
During pregnancy, you have the legal right to request reasonable adjustments at work if your health or safety is affected. This protection is set out under the Equality Act 2010, which requires employers to consider changes that help you work safely and comfortably during your pregnancy.
What Are Reasonable Adjustments?
Reasonable adjustments are changes to your working environment or duties that help you manage health issues related to pregnancy. The aim is to remove barriers that could put you or your baby at risk, or make it difficult for you to do your job. Employers must assess each request individually, taking into account your specific needs and the nature of your role.
Examples of Adjustments for Pregnant Employees
Some common adjustments that may be helpful during pregnancy include:
- Changing your working hours to avoid long shifts or allow for more breaks
- Providing a more comfortable chair or workstation
- Allowing you to work from home if your role permits
- Reducing or removing heavy lifting or physically demanding tasks
- Offering more frequent rest breaks to manage fatigue or nausea
- Adjusting targets or workload during periods of ill health
Your employer should also carry out a risk assessment to identify and address any workplace hazards that could affect your pregnancy.
How to Ask for Adjustments
It’s a good idea to speak to your manager or HR as soon as you feel you need support. Start by explaining how your pregnancy is affecting your work and suggest possible adjustments that might help. You can make your request informally in a meeting, or follow your employer’s formal procedure if one exists.
For more detailed steps on how to approach this, see our guide on how to ask for reasonable adjustments at work. You may also find the Acas resource on Requesting Reasonable Adjustments Guidance helpful, which explains how to make a request and what your employer should do in response.
Tips for Communicating with Your Employer
- Be clear about your needs: Describe how your pregnancy affects your work and what changes would help.
- Refer to your risk assessment: If your employer has carried one out, use it to support your request.
- Keep records: Note down meetings and decisions made about your adjustments.
- Seek support: If you have a union representative or employee support service, they can help you navigate the process.
If your employer refuses your request, they must have a valid reason and should try to find alternative solutions. If you believe your request was unreasonably denied or you are treated unfairly because of your pregnancy, you may be experiencing discrimination. Learn more about your rights and what to do next in our section on Your Rights at Work During Pregnancy and Maternity.
Remember, you should not be put at a disadvantage or forced to take sick leave if an adjustment could help you stay in work safely. If you need further advice, consider seeking support from a legal adviser or your local Citizens Advice.
Other Related Employee Benefits During Pregnancy
During pregnancy, employees in the UK are entitled to more than just sick pay. It’s important to be aware of the full range of benefits and protections available, as these can help support your health, wellbeing, and financial security throughout your pregnancy and after your child is born.
Maternity Leave and Pay: Most pregnant employees qualify for Statutory Maternity Leave and, if eligible, Statutory Maternity Pay (SMP) or Maternity Allowance. These benefits ensure you can take time off work before and after your baby’s arrival, with some level of income support. The right to maternity leave is protected under the Employment Rights Act 1996 and related regulations.
Paternity and Parental Leave: Partners may also be entitled to paternity leave and pay, as well as Shared Parental Leave, which allows both parents to share time off work during the first year after birth or adoption. For a detailed look at these entitlements, visit the Maternity, Paternity, and Parental Leave section.
Other Employee Benefits: Beyond leave and pay, pregnant employees may have access to other workplace benefits such as flexible working arrangements, paid time off for antenatal appointments, and health and safety protections specific to pregnancy. Many employers also offer enhanced benefits, so it’s worth reviewing your employment contract or staff handbook. For an overview of what might be available, see our guide to Employee Benefits.
Family-Related Support: In addition to workplace rights, you may be eligible for government support such as Child Benefit and Universal Credit. These benefits can help with the costs of raising a family and are not dependent on your employment status. For a comprehensive summary of available government support, visit the official Family Benefits Overview on GOV.UK.
Every situation is different, so it’s a good idea to explore all the support options that may be available to you. Understanding your rights and entitlements can help you make informed decisions during your pregnancy and plan for your family’s future. If you’re unsure about your eligibility or need help accessing your benefits, consider seeking advice from your HR department, a union representative, or a legal adviser.
Useful Related Topics
If you’re looking to understand more about your rights and options surrounding sick pay and pregnancy, exploring related topics can be very helpful. Here are some key areas you might want to read about next:
If you experience pregnancy-related sickness, you may initially need to provide evidence of your illness through self-certification. To find out what self-certification involves, how long it lasts, and when you’ll need to provide a doctor’s note, see our guide on Self-Certification for Sickness. This is especially relevant in the early days of pregnancy-related absence.
Sometimes, you might become unwell during a period when you had requested holiday, but your holiday was declined. In these situations, your rights can be complex. Learn more about what happens if you need to be off sick during this time by visiting Calling in Sick on a Declined Holiday.
Pregnant employees who are off work due to long-term sickness often have questions about their annual leave rights. UK law protects your entitlement to holiday pay, even during extended periods of sickness absence. For a detailed explanation of your rights and how holiday pay is calculated, see Holiday Pay Entitlement During Long-Term Sickness.
For a broader understanding of sick leave, sick pay, and other employment benefits that may affect you during pregnancy, you can also explore our overview of Sick Leave and Sick Pay within the UK’s employment benefits framework.
Exploring these topics will give you a clearer picture of your rights and help you make informed decisions during your pregnancy. If you feel your employer is not respecting your legal entitlements, consider seeking advice from a union representative, Citizens Advice, or an employment law specialist.
