Introduction to Sick Leave and Annual Leave
Sick leave and annual leave are two distinct types of time off available to employees in the UK, each serving a different purpose and governed by separate rules. Sick leave is time taken off work when you are unwell and unable to perform your job duties. During this period, you may be entitled to Statutory Sick Pay (SSP) or contractual sick pay, depending on your employment contract and the circumstances of your illness. In contrast, annual leave – sometimes called holiday leave – is planned time off for rest, relaxation, or personal matters, and is a legal right for most workers under the Working Time Regulations 1998. Full-time employees are generally entitled to at least 28 days of paid annual leave per year, which can include bank holidays.
Understanding the difference between sick leave and annual leave is crucial for protecting your rights and ensuring you receive the correct pay. For example, if you fall ill during a period of booked annual leave, you may have the right to convert those days to sick leave instead, preserving your holiday entitlement for another time. This distinction also affects how your employer calculates your pay and benefits, and it can impact your employment record or eligibility for certain protections.
Knowing your rights around both types of leave helps you make informed decisions if you become unwell or need time off for other reasons. For a detailed overview of your entitlements – such as how Statutory Sick Pay works, notice requirements, and your rights if your employer refuses leave – see our main guide on Sick Leave and Sick Pay: Your Rights and Entitlements in the UK. If you want to explore how sick leave fits within the wider framework of employment rights, including other types of leave, you may also find our section on Leave Rights in the UK: Legal Overview helpful.
What is Sick Leave?
Sick leave is the time you take off work when you are unwell and unable to do your job because of illness or injury. Unlike annual leave, which is used for rest, holidays, or personal time, sick leave is specifically for recovery and protecting your health. If you’re feeling too ill to work – whether it’s due to a short-term illness like the flu, or a longer-term medical condition – you have the right to take sick leave so you can focus on getting better without risking your job.
Under UK law, all employees are entitled to statutory sick leave. This means you can take time off if you are genuinely unwell. If you are off sick for more than seven consecutive days (including non-working days), you will need to provide your employer with a fit note (sometimes called a sick note) from your GP or hospital doctor. For absences of seven days or less, you can usually self-certify, meaning you inform your employer of your illness according to their reporting procedures.
When it comes to pay, you may be eligible for Statutory Sick Pay (SSP) if you meet certain criteria. As of 2024, SSP is £109.40 per week and can be paid for up to 28 weeks. To qualify, you must be classed as an employee, have been ill for at least four consecutive days, and earn at least £123 per week before tax. Some employers offer more generous sick pay schemes, so it’s always worth checking your employment contract or staff handbook.
Sick leave is usually recorded separately from annual leave. You should notify your employer as soon as possible if you are unable to work, following the company’s sickness absence policy. This helps ensure your sick pay is processed correctly and your absence is properly documented.
For more detailed information about your rights to sick leave and sick pay, including how they interact with other employment benefits, see Sick Leave and Sick Pay.
Statutory Sick Pay (SSP) and Eligibility
Statutory Sick Pay (SSP) is a legal entitlement that provides employees with a basic level of income when they are too ill to work. Under UK law, employers must pay SSP to eligible employees who are off work due to sickness, ensuring some financial security during periods of ill health.
Who Qualifies for SSP?
Not every employee is automatically entitled to SSP. To qualify, 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.
- Have been ill for at least four consecutive days (including non-working days).
Agency workers, part-time staff, and those on fixed-term contracts can also qualify, provided they meet the earnings and work requirements. However, certain groups – such as self-employed individuals, armed forces personnel, or those who have received Employment and Support Allowance within the last 8 weeks – are not eligible.
For a detailed breakdown of eligibility rules, including exceptions and special circumstances, see the government’s official guidance on Statutory Sick Pay (SSP) : Eligibility – GOV.UK and our in-depth guide on Eligibility for Statutory Sick Pay.
How Much Is SSP and How Is It Paid?
As of April 2024, SSP is paid at a standard weekly rate of £116.75. Employers pay SSP in the same way as your normal wages, either weekly or monthly, with tax and National Insurance deducted as usual. SSP starts from the fourth day of sickness (the first three days are usually ‘waiting days’ and unpaid, unless you’ve been off sick recently).
If you want to work out exactly how much SSP you’re entitled to, including if your sickness spans different pay periods or overlaps with other types of leave, visit our Calculating Your Statutory Sick Pay page for step-by-step instructions.
How Long Can You Receive SSP?
You can receive SSP for up to 28 weeks for each period of sickness. If your illness lasts longer, or if you have more than one period of sickness close together, different rules may apply. For more information about the maximum duration and possible extensions, read Statutory Sick Pay Duration and Extensions.
SSP and Your Employment Rights
Receiving SSP does not affect your entitlement to other employment benefits, such as holiday pay or pension contributions. For a broader overview of how sick leave fits within your overall employment rights and benefits, see our section on Sick Leave and Sick Pay.
Understanding your rights to SSP is crucial if you need time off due to illness. Always check with your employer and refer to official guidance to ensure you receive what you’re entitled to.
Providing Evidence for Sick Leave
Providing Evidence for Sick Leave
When you are unwell and need to take time off work, UK law sets out clear guidelines on when you must provide evidence to your employer and what form that evidence should take. Understanding these requirements helps ensure your absence is recorded correctly and your rights to sick pay are protected.
When Is a Fit Note or Doctor’s Note Needed?
For most short-term sickness absences – lasting seven calendar days or fewer – you do not need to provide a fit note (sometimes called a doctor’s note). However, if your illness lasts more than seven consecutive days (including non-working days), your employer can require you to provide a fit note from your GP or hospital doctor. This document confirms that you are unfit for work and may include recommendations for adjustments to help you return. For more details on when and how to obtain a fit note, see our guide on Fit Notes and Doctor’s Notes, or refer to the official GOV.UK fit note guidance for comprehensive information.
How to Self-Certify Short Periods of Sickness
If you are off sick for seven days or less, you can usually self-certify your illness. This means you inform your employer about your sickness and confirm the dates you were ill, often using a self-certification form. Employers generally accept self-certification for these short absences, but you must follow your company’s reporting procedure. To understand the process in more detail, visit our section on Self-Certification for Sickness, or if you need a template, see our Sick Self-Certification Form Template.
Employer’s Rights to Request Evidence
Employers are entitled to ask for reasonable evidence if you are off sick, especially for longer absences. After seven days, a fit note is the standard evidence required. For shorter absences, your employer may ask for self-certification. Some employers have additional rules in their sickness policies, so always check your contract or staff handbook for specific requirements.
Following Company Procedures
It is crucial to follow your employer’s procedures for reporting sickness. This usually involves notifying your manager as soon as possible, providing updates if your absence continues, and submitting any required evidence promptly. Failing to follow these steps could affect your entitlement to sick pay or even lead to disciplinary action.
By understanding when and how to provide evidence for sick leave, you can ensure your rights are protected and your employer can support you during your absence.
Taking Sick Leave During Work Hours
If you start to feel unwell while at work, it’s important to let your manager or supervisor know as soon as possible. Most UK employers have procedures in place for reporting sickness during work hours. Typically, you should inform your line manager, explain your symptoms, and follow any workplace policies for leaving early due to illness.
You have the right to leave work if you are too unwell to continue, but you should follow your employer’s absence reporting process. This usually involves notifying the appropriate person, recording the time you leave, and providing any necessary details about your condition. Unlike planned sick leave – where you notify your employer before your shift starts – taking sick leave during work hours is often unplanned and requires prompt communication.
Your entitlement to sick pay will depend on the amount of time you have worked that day and your employer’s sick pay policy. Statutory Sick Pay (SSP) rules apply if you are off work for four or more consecutive days, but some employers offer contractual sick pay from day one. It’s a good idea to check your employment contract or staff handbook for specific details.
If you’re unsure about the best steps to take when you need to leave work early due to illness, see our practical advice on going home sick halfway through the day. This resource covers what information to provide, your rights, and what to expect regarding pay for partial days.
For a broader understanding of your legal entitlements, including how sick leave fits within the wider framework of UK employment law, visit our overview of sick leave and sick pay in the UK. This will help you understand how your situation relates to statutory rights and employer policies.
What is Annual Leave?
Annual leave is paid time off work that employees can use for rest, relaxation, or personal matters. In the UK, annual leave is a legal right for most workers, ensuring everyone gets the opportunity to take a break from work responsibilities.
Legal Entitlement to Annual Leave
Under the Working Time Regulations 1998, full-time workers are entitled to a minimum of 5.6 weeks’ paid holiday each year. This usually works out as 28 days for someone working a standard five-day week. Part-time workers are entitled to a pro-rata amount based on the number of days or hours they work. Employers can include the eight UK bank holidays within this entitlement, or offer them on top – this depends on the terms of your employment contract.
Booking and Approval Process
To take annual leave, employees generally need to request time off in advance. Most workplaces have a procedure for booking holidays, which may include submitting a form or using an online system. Employers have the right to refuse holiday requests, for example, if too many people have asked for the same dates or if it would disrupt business operations. However, they cannot refuse to let you take your full statutory entitlement within the leave year.
Employers can also specify certain periods when you must take leave, such as during a business shutdown, or restrict when leave can be taken, such as during busy periods. Always check your employment contract or staff handbook for your workplace’s specific rules.
Statutory vs. Additional Company Holidays
The 5.6 weeks’ leave is the legal minimum – known as statutory annual leave. Some employers offer extra paid holiday as a benefit, which is sometimes called contractual or enhanced leave. For example, a company might provide 30 days’ annual leave instead of the minimum 28. Any extra days above the statutory minimum are set by your employer and are not required by law, so the rules for using them may differ.
Further Information
Understanding your holiday rights is important for making the most of your time off. For a more detailed explanation of annual leave entitlement and how it fits into your wider employment rights, see our guide on Annual Leave (Holiday Entitlement).
Key Differences Between Sick Leave and Annual Leave
When considering time off work, it’s important to understand the key differences between sick leave and annual leave under UK law. While both types of leave allow employees to be absent from work, they serve different purposes, are governed by distinct rules, and have varying impacts on your pay and employment rights.
Purpose of Leave
Sick leave is intended specifically for when you are unwell and unable to work due to illness or injury. Its main purpose is to protect your health and ensure you do not worsen your condition or spread illness to colleagues. In contrast, annual leave (also known as holiday leave) is designed to give you time away from work for rest, relaxation, and personal pursuits. Taking annual leave helps maintain your wellbeing and work-life balance.
Pay Differences and Eligibility
The rules around pay differ significantly between the two types of leave:
- Sick Leave Pay: If you are absent due to illness, you may be entitled to Statutory Sick Pay (SSP), provided you meet certain eligibility criteria such as minimum earnings and length of sickness (usually more than three consecutive days). Some employers offer enhanced sick pay as part of their contract or workplace policy. The details of sick pay entitlements are set out in the Employment Rights Act 1996.
- Annual Leave Pay: When you take annual leave, you are entitled to be paid at your normal rate of pay. All UK workers are legally entitled to a minimum of 5.6 weeks’ paid holiday per year, which can include bank holidays. This entitlement applies regardless of your contract type (full-time, part-time, or agency).
Notification and Approval Processes
The process for requesting each type of leave also differs:
- Sick Leave: You must notify your employer as soon as possible if you are too ill to work. Most employers ask you to inform them on the first day of absence, often before your usual start time. For absences of more than seven days, you will usually need to provide a fit note from your GP.
- Annual Leave: Annual leave must be requested in advance and approved by your employer. Employers can refuse requests or ask you to take leave at certain times, but they cannot deny your statutory holiday entitlement. Notice periods for booking holiday are typically set out in your contract or staff handbook.
Impact on Employment Benefits and Rights
Both types of leave are protected by law, but they affect your employment in different ways:
- Sick leave does not reduce your annual leave entitlement. In fact, if you fall ill during your holiday, you may be able to reclaim those days as sick leave, provided you follow the correct procedures.
- Annual leave is a right for all employees and workers, and taking it does not affect your entitlement to other benefits, such as pension contributions or length of service.
Understanding the distinctions between sick leave and annual leave helps ensure you use your entitlements correctly and protects your rights at work. For a broader overview of your rights to time off, including more details on sick pay and holiday rules, see our section on Sick Leave and Sick Pay.
How Sick Leave Affects Annual Leave Entitlement
When you take sick leave, you might wonder how it affects your annual leave entitlement. Under UK law, your right to paid holiday continues to build up (accrue) while you are off sick, whether your absence is short-term or long-term. This means that being on sick leave does not reduce your holiday entitlement. According to the Working Time Regulations 1998, employees are entitled to at least 5.6 weeks of paid holiday each year, and this entitlement remains protected even during periods of sickness.
Taking Annual Leave During or After Sickness Absence
If you are unwell, you are allowed to take your annual leave at a later date. You can also choose to take paid holiday while off sick if you wish, which can be useful if you want to receive your usual holiday pay instead of statutory sick pay. However, your employer cannot force you to use your annual leave while you are on sick leave.
If you are unable to take your holiday due to illness, you can carry it over into the next leave year. The law allows you to carry over up to four weeks of statutory holiday for up to 18 months after the end of the leave year in which it was accrued, if you were unable to take it because of sickness.
Special Considerations for Long-Term Sickness
For employees on long-term sick leave, the rules around holiday pay and entitlement can be especially important. You continue to accrue holiday as normal, and you can request to take paid annual leave during your sickness absence. If you leave your job while still on sick leave, you are entitled to be paid for any untaken statutory holiday.
For a deeper understanding of how holiday pay is handled during extended periods of sickness, including examples and common scenarios, see our guide on Holiday Pay Entitlement During Long-Term Sickness.
Further Guidance and Legal Context
If you want to know more about your broader rights regarding sick leave and pay, you can read the section on Sick Leave and Sick Pay in our overview of UK leave rights. For official guidance on how sick leave interacts with holiday pay, the Acas website offers practical advice and up-to-date information – see Sick pay and holiday pay – Sick pay – Acas for more details.
Calling in Sick During a Declined Holiday
If your request for annual leave has been declined and you subsequently call in sick on those same dates, it’s natural to wonder how this situation is handled under UK employment law. Both employees and employers have specific rights and responsibilities in these circumstances.
What Happens If You Call in Sick After a Holiday Request Is Refused?
When your annual leave request is refused, you are expected to attend work as normal. However, if you genuinely become unwell and are unable to work, you have the right to take sick leave – even if this coincides with the dates you originally wanted off. Legally, your employer cannot force you to work if you are ill, but they are entitled to ask for evidence of your sickness, such as a fit note from your GP if your absence lasts more than seven calendar days.
Legal Considerations and Employer Rights
Employers have the right to investigate if they suspect that sick leave is being misused, particularly if it closely follows a declined holiday request. However, they must not automatically assume wrongdoing without evidence. Disciplinary action should only be taken if there is clear proof of misconduct, such as falsifying illness. The Employment Rights Act 1996 protects employees from unfair dismissal or disciplinary action when they are genuinely sick.
Impact on Leave Balances and Pay
If you are off sick, your absence is treated as sick leave rather than annual leave. This means:
- Annual Leave Balance: Your holiday entitlement remains unaffected – you do not lose annual leave days if your sick leave is certified and genuine.
- Sick Pay: You may be entitled to Statutory Sick Pay (SSP) or contractual sick pay, depending on your employer’s policy and your employment contract. You will not be paid as if you were on holiday, but instead according to sick pay rules.
Employers should update your records to reflect sick leave, not annual leave, for the period you are unwell. For a detailed breakdown of how this situation is handled, see our guidance on Calling in Sick on a Declined Holiday.
Further Guidance
If you’re unsure about your rights or your employer’s obligations, it’s a good idea to familiarise yourself with broader Sick Leave and Sick Pay entitlements under UK law. This can help you understand what evidence you may need to provide and what to expect in terms of pay and leave accrual.
In summary, while you must be honest about your reasons for absence, you are protected by law if you are genuinely unwell – even if this occurs after a holiday request has been turned down. Employers, in turn, have the right to ask for reasonable evidence and to ensure their policies are being followed.
Additional Considerations and Support
When considering sick leave and annual leave, there are several additional factors and sources of support that can help you navigate your rights and entitlements. Understanding these can make a significant difference, especially in more complex situations such as pregnancy or mental health challenges.
Special Sick Pay Rights During Pregnancy
If you are pregnant and become ill, you have extra protections under UK law. For instance, if you are off sick due to a pregnancy-related illness within the four weeks before your due date, your employer can start your maternity leave automatically. You are also entitled to Statutory Sick Pay (SSP) or contractual sick pay, just like any other employee, but pregnancy-related absences should be recorded separately and must not be used against you in disciplinary or redundancy decisions. For more detailed information on your entitlements, see our section on Sick Pay Rights During Pregnancy.
Support and Rights Related to Mental Health at Work
Mental health conditions are treated as seriously as physical health issues when it comes to sick leave and workplace rights. If you are struggling with stress, anxiety, depression, or another mental health issue, you are entitled to take sick leave and may qualify for sick pay. Employers have a legal duty to make reasonable adjustments under the Equality Act 2010 if your mental health condition is considered a disability. For a thorough overview of your rights and practical steps you can take, visit our guide on Mental Health and Work: Your Rights. You can also find practical advice about talking to your employer and accessing support at Acas: Talking about mental health – Supporting mental health at work.
General Employee Benefits Related to Leave and Pay
Sick leave and annual leave both form part of your overall employee benefits package. While sick leave helps you recover from illness without losing income, annual leave is designed for rest and relaxation. Both types of leave are protected by law, and your employment contract may offer additional benefits such as enhanced sick pay or extra holiday. To see how these fit into the wider picture of workplace benefits and your employer’s obligations, read our overview of Employee Benefits.
Where to Find More Information and Help
If you need more detail about the laws governing sick leave, sick pay, and annual leave, including eligibility and how your rights are protected, our legal overview provides a helpful starting point. For further guidance, visit Sick Leave and Sick Pay for a breakdown of the rules and how they might apply to your situation.
Understanding your rights and the support available can help you make informed decisions about taking time off and ensure you receive the benefits you are entitled to. If you have concerns or need tailored advice, consider seeking help from your HR department, trade union, or an employment adviser.
