Incomes

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