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.
Salary and income data is based on ONS and other official UK statistical sources. Figures are averages and may not reflect your individual circumstances.
Contents
Understanding your sick leave rights protects you when you’re unwell. Here’s what you’re entitled to in the UK, reflecting the SSP reforms that took effect on 6 April 2026.
For the wider cluster covering redundancy, statutory pay, leave rights, contract protections, and dispute routes, use the main Employment Rights hub.
At a Glance — Statutory Sick Pay (SSP) 2026/27
Feature
Detail
SSP rate
£123.25 per week (or 80% of average weekly earnings if lower)
Paid by
Your employer
Duration
Up to 28 weeks
Waiting days
None — abolished from 6 April 2026. SSP is paid from the first qualifying day
Minimum sickness to qualify
4 consecutive days — unchanged. Paid from day 1 of that absence since 6 April 2026 (waiting days abolished)
Minimum earnings
None — the Lower Earnings Limit was abolished from 6 April 2026
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
At least 4 consecutive days off sick
The “Period of Incapacity for Work” minimum — unchanged. Payment starts from day 1 of that absence since 6 April 2026
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
There is no longer a minimum earnings threshold to qualify. If your average weekly earnings are below what the old Lower Earnings Limit used to be, you receive 80% of your average weekly earnings instead of the £123.25 flat rate, if that is lower.
Who Doesn’t Qualify
Group
Alternative
Self-employed
No SSP — 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
SSP vs Company Sick Pay
Feature
SSP
Company (occupational) sick pay
Rate
£123.25/week (or 80% of average earnings if lower)
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
None (from 6 April 2026)
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.
“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
Day 1
SSP begins from the first qualifying day (from 6 April 2026), 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)
Rate depends on your group and NI contributions — confirm the current rate on gov.uk before relying on it, as ESA and Universal Credit health-related rates were restructured from April 2026
Universal Credit
Includes a limited capability for work element — rates now differ for new and existing claims following an April 2026 reform; check the current rate on gov.uk
PIP (Personal Independence Payment)
Based on how your condition affects daily life and mobility — confirm current weekly rates on gov.uk. 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