Employment Law – Sickness

What Are My Rights to Sick Pay?

Your entitlement to sick pay will depend partly on your employment contract and your employer's sickness policy.

There are two main types of sick pay:

• Statutory Sick Pay
• Contractual or company sick pay

Your employer may provide company sick pay that is more generous than the statutory minimum.

Company sick pay can be:

• Contractual
• Discretionary

If contractual sick pay is included in your terms of employment, your employer must normally comply with those terms.

If the scheme is expressly discretionary, your employer may have more flexibility, although it must still exercise that discretion lawfully and must not discriminate.

What is Statutory Sick Pay?

Statutory Sick Pay, commonly known as SSP, is the minimum statutory sick pay available to eligible workers who are treated as employed for SSP purposes.

The rules changed significantly on 6 April 2026.

From that date:

• SSP is available regardless of earnings level
• The previous Lower Earnings Limit has been removed
• The previous three waiting days have been removed
• SSP is payable from the first full qualifying day of sickness

The weekly SSP rate for the 2026/27 tax year is the lower of:

• £123.25 per week
• 80% of your average weekly earnings

This means that someone whose average earnings are below the level at which 80% equals £123.25 will receive the lower earnings-based amount.

Is SSP Payable From the First Day of Sickness?

Yes, under the rules applying from 6 April 2026.

SSP is now payable from the first full day of sickness absence that would normally have been a working day.

The previous requirement for three unpaid waiting days no longer applies to new sickness absences under the current rules.

Do Low-Paid Employees Qualify for SSP?

Potentially, yes.

Before April 2026, employees generally had to earn at least the Lower Earnings Limit to qualify.

That earnings threshold has now been removed.

An eligible worker can therefore qualify regardless of how low their earnings are.

However, the amount payable is the lower of:

• 80% of average weekly earnings
• The statutory weekly maximum of £123.25

Is SSP Paid on Top of Company Sick Pay?

Not necessarily.

Many contractual sick-pay schemes are designed so that the company payment includes SSP rather than being paid in addition to it.

For example, an employer might continue paying your normal salary and treat the SSP element as forming part of that payment.

Your overall payment must not fall below the SSP amount to which you are legally entitled.

You should therefore check:

• Your Employment contract
• Staff handbook
• Sickness policy

to understand how company sick pay interacts with SSP.

How Long Can I Receive SSP?

SSP can generally be paid for up to 28 weeks.

Separate periods of sickness can sometimes be treated as linked.

Under the current rules, sickness periods may be linked where:

• Each qualifying period lasts more than one full working day
• They are 8 weeks or less apart

Linked periods can count towards the same 28-week maximum.

If there is a continuous series of linked sickness periods lasting more than three years, SSP entitlement can also end under the statutory rules.

Who May Not Qualify for SSP?

Not everyone qualifies.

For example, SSP may not be payable where:

• You Have already received the maximum 28 weeks of SSP
• You Are receiving Statutory Maternity Pay
• Your Employment has ended, subject to limited exceptions
• Another statutory exclusion applies

There are also specific rules for:

• Agency workers
• Directors
• Educational workers
• Fixed-term arrangements
• Multiple employments

If you do not qualify for SSP, your employer should normally provide the appropriate SSP1 information explaining why.

What Happens if I Have More Than One Job?

It is possible to qualify for SSP from more than one employer if you satisfy the relevant conditions separately for each employment.

Being medically unable to perform one job does not automatically mean that you are incapable of performing every other type of work.

For example, a health condition might prevent you from carrying out:

• Heavy manual work

while still allowing you to perform:

• Desk-based work

The nature of each role will be relevant.

However, carrying out other work while claiming sickness absence from another employer can create concerns if the activities appear inconsistent with the reason given for absence.

Your employment contract may also contain restrictions on secondary employment.

What Do I Need to Do to Qualify for SSP?

You should notify your employer that you are unable to work because of sickness.

Your employer can set a sickness-notification deadline.

If it has not set one, you should normally notify it within 7 days.

For SSP purposes, an employer cannot require notification to be given only:

• In person
• On a particular employer-supplied form

Late notification without good reason can affect SSP for the qualifying days for which notification was late.

You should nevertheless follow your employer's normal sickness procedure where reasonably possible.

When Do I Need a Fit Note?

A fit note was previously commonly referred to as a sick note.

You do not normally need a fit note for the first 7 calendar days of sickness.

This includes:

• Weekends
• Bank holidays
• Other non-working days

For those first seven days, you can generally self-certify your sickness.

If you remain unwell for more than seven calendar days, your employer can require a fit note.

Who Can Issue a Fit Note?

Fit notes are no longer limited to GPs.

They can be issued by an appropriately registered:

• Doctor
• Nurse
• Occupational therapist
• Pharmacist
• Physiotherapist

Fit notes can be provided:

• Digitally
• In printed form

They no longer require the old-style handwritten doctor's signature.

What Does a Fit Note Say?

A fit note will generally state that you are either:

• Not fit for work
• May be fit for work

If you are assessed as may be fit for work, the healthcare professional may suggest measures such as:

• A Phased return
• Altered hours
• Amended duties
• Workplace adaptations

Your employer should discuss the recommendations with you.

If suitable arrangements cannot be agreed, you will generally be treated as not fit for work for the period covered by the fit note.

Can My Employer Demand a Fit Note During the First 7 Days?

For SSP purposes, your employer cannot require a fit note for sickness lasting seven calendar days or less.

You can normally self-certify during this period.

If your employer wants other medical evidence during the first seven days, different considerations can arise and it may have to meet any cost associated with obtaining additional medical evidence.

What if There is a Delay in Getting My Fit Note?

Tell your employer as soon as possible.

For example, you may be unable to obtain a fit note immediately because:

• There is a delay obtaining an appointment
• Your Healthcare professional is unavailable
• You are waiting for hospital documentation

You should explain the reason and provide an indication of when you expect to obtain the evidence.

Importantly, an employer cannot withhold SSP merely because a fit note itself was provided late.

Notification of the sickness and medical evidence are separate issues.

What if I Do Not Provide a Fit Note?

If you remain absent for more than seven days and your employer has reasonably requested appropriate medical evidence, failing to provide it can create difficulties.

Your employer may question:

• Whether the absence is authorised
• Whether contractual sick pay is payable
• Whether its sickness procedure has been followed

It may ultimately consider formal action if you repeatedly fail to comply with reasonable sickness-reporting requirements.

However, SSP should not automatically be withheld merely because the fit note itself arrived late.

For further guidance, see Dismissal and Disciplinary Process.

When Should I Notify My Employer That I Am Sick?

You should normally notify your employer as soon as reasonably possible in accordance with its sickness policy.

Many employers ask staff to report absence:

• Before their shift starts
• At the start of the working day
• Within another specified period

For statutory SSP purposes, there are specific restrictions on the notification rules an employer can impose.

For example, an employer cannot require an employee to provide SSP sickness notification earlier than the first qualifying day or require repeated notification more frequently than the statutory rules permit.

Your contractual sickness policy may nevertheless contain reasonable operational reporting requirements.

What Evidence Can My Employer Ask For?

For sickness of seven calendar days or less, you will normally self-certify.

This may involve:

• Completing a self-certification form
• Sending an email
• Providing the dates of your sickness
• Briefly explaining why you were unable to work

For absence lasting more than seven calendar days, your employer can normally request a fit note.

In some cases, other medical evidence may also be appropriate.

Am I Entitled to Time Off for Medical or Dental Appointments?

There is no general statutory right for every employee to take paid time off for routine:

• GP appointments
• Dental appointments
• Hospital appointments

Your rights may instead come from:

• Your Employment contract
• Workplace policy
• Collective agreement

Your employer may ask you, where reasonable, to:

• Arrange appointments outside working hours
• Use annual leave
• Make up the time

However, different statutory rights can apply in particular circumstances.

What if I Have a Disability?

If you have a disability under the Equality Act 2010, your employer may have a duty to make reasonable adjustments.

Depending on the circumstances, reasonable adjustments can include allowing time away from work for:

• Medical treatment
• Rehabilitation
• Disability-related appointments

For further information, see Disability Discrimination and Reasonable Adjustments.

What if I Am Pregnant?

A pregnant employee has a statutory right to reasonable paid time off to attend antenatal appointments made on the advice of an appropriate healthcare professional.

Antenatal care can include more than medical examinations and may include recommended:

• Relaxation classes
• Parentcraft classes

Partners and prospective fathers may also have a statutory right to unpaid time off to accompany a pregnant woman to up to two antenatal appointments, subject to the relevant statutory conditions.

How Often Can My Employer Contact Me While I Am Off Sick?

There is no fixed legal rule specifying how often your employer can contact you during sickness absence.

The appropriate amount of contact depends on the circumstances.

It is sensible for you and your employer to agree:

• How contact will take place
• How frequently
• Who will contact you
• What matters need to be discussed

For a short absence, relatively regular updates may be appropriate.

For long-term absence, less frequent contact may be more suitable.

Why Might My Employer Need to Contact Me?

Reasonable contact can help your employer:

• Check on your wellbeing
• Understand how long you may be absent
• Plan temporary cover
• Discuss support
• Plan a return to work
• Discuss reasonable adjustments

However, contact should not become excessive or intrusive.

What if I Am Off With Work-Related Stress, Anxiety or Depression?

Particular care may be needed where contact itself could aggravate your condition.

For example, where you are absent because of:

• Work-related stress
• Anxiety
• Depression
• Bullying

it may be appropriate to agree a different contact arrangement.

This could include:

• Less frequent contact
• Contact through Human Resources
• Written rather than telephone communication
• Contact through another agreed manager

Excessive pressure to return before you are medically ready may be unreasonable and, depending on the circumstances, could contribute to wider contractual or discrimination issues.

What is an Occupational Health Assessment?

An occupational health assessment is intended to provide specialist advice about the relationship between your health and your work.

An occupational health professional may advise on:

• Whether you are fit for work
• Likely timescale for returning
• A Phased return
• Adjusted duties
• Adjusted hours
• Workplace adaptations
• Possible reasonable adjustments
• Future capability

Your employer may:

• Have its own occupational health service
• Use an external provider

What Happens at an Occupational Health Assessment?

You may be asked about:

• Your Health condition
• Treatment
• Symptoms
• Effect on your work
• Difficulties returning
• Adjustments that may help

Occupational health does not normally need access to your complete medical history.

Relevant medical information must be handled lawfully and confidentially.

Where your employer seeks a medical report from your doctor or another medical professional, appropriate consent and medical-information rules will apply.

Do I Have to Cooperate With Occupational Health?

Your contract or sickness policy may contain provisions requiring reasonable cooperation with occupational health assessments.

Even where there is no express contractual provision, refusing reasonable medical assessment may leave your employer with less information on which to make decisions.

An employer must still act reasonably and respect:

• Medical confidentiality
• Data protection
• Consent requirements

Can My Employer Ask Me to Work While I Am Off Sick?

Sick leave exists because you are not fit to carry out your normal work.

Your employer should not require you to perform substantial work that:

• Interferes with recovery
• Contradicts medical advice
• Places your health at risk

However, limited contact about urgent practical matters may sometimes be reasonable.

For example, you might voluntarily provide:

• A Short handover
• The Location of an important document
• Basic information needed by a colleague

What is appropriate depends on your condition.

An employee absent with work-related stress may require much greater separation from work than someone recovering from a relatively minor physical injury.

If you actually perform work on a particular day, this can also affect whether that day counts as a full day of sickness for SSP purposes.

Can I Return to Work Before My Fit Note Expires?

Yes.

A fit note does not prevent you from returning early if you feel sufficiently well.

You do not normally need to obtain a separate medical certificate declaring you fit for work.

You should tell your employer that you want to return.

Where there are genuine:

• Health and safety concerns
• Medical concerns
• Safety-critical duties

your employer may reasonably discuss additional medical or occupational health advice before agreeing how the return should operate.

A return-to-work meeting can also help identify any support you need.

Can I Be Disciplined While I Am Off Sick?

Potentially.

Sickness absence does not automatically prevent an employer from continuing an existing disciplinary investigation or procedure.

However, the employer should act reasonably.

If your health prevents you from participating normally, the employer should consider alternatives such as:

• Postponing a meeting
• Obtaining occupational health advice
• Allowing written submissions
• Adjusting the format of the meeting
• Allowing remote participation where appropriate

If you have a disability, reasonable adjustments may also be required.

An employer should not simply proceed in your absence without considering whether you have been given a fair opportunity to respond.

Can My Employer Dismiss Me Because of Sickness?

Potentially, but sickness does not automatically provide a fair reason to dismiss someone.

Long-term ill-health dismissal will normally be treated as a capability issue.

Current Acas guidance states that dismissal because of long-term illness should be a last resort.

Before dismissal, an employer should normally consider matters including:

• Your Current medical position
• Prognosis
• Likely return date
• Occupational health advice
• Your Own views
• Reasonable adjustments
• A Phased return
• Alternative duties
• Suitable alternative roles
• Impact of your absence on the organisation

How Much Service Do I Need to Claim Ordinary Unfair Dismissal?

As at 10 September 2026, most employees generally need 2 years' continuous employment to bring an ordinary unfair dismissal claim.

The source's previous reference to 23 months and 3 weeks should not be treated as the general qualifying rule.

From 1 January 2027, the ordinary unfair dismissal qualifying period will reduce to 6 months.

There are also categories of dismissal where no ordinary qualifying period applies, including certain automatically unfair dismissal claims.

Separately, a disability discrimination claim does not require two years' service.

For further guidance, see Unfair Dismissal.

What if My Illness Amounts to a Disability?

Some long-term health conditions can meet the Equality Act definition of disability.

If you are disabled, your employer may have additional legal obligations.

These can include the duty to make reasonable adjustments.

Potential adjustments can include:

• Altering working hours
• Changing duties
• Adjusting absence trigger points
• Providing equipment
• Allowing a phased return
• Redeployment to an appropriate role

Your employer must also avoid unlawful discrimination arising from disability.

For further information, see Disability Discrimination.

Does Disability Mean I Can Never Be Dismissed?

No.

A disabled employee can potentially be fairly dismissed for capability in appropriate circumstances.

However, the employer should first do all that can reasonably be expected to support the employee and remove relevant workplace barriers.

A dismissal may be more difficult to justify where:

• Reasonable adjustments have not been explored
• Relevant medical evidence has not been obtained
• Alternative roles have not been considered
• A Realistic return to work is expected
• The employer has applied an inflexible absence policy

The particular facts are important.

What Medical Evidence Should My Employer Consider?

Where dismissal because of long-term sickness is being considered, the employer should normally have sufficiently up-to-date medical information to make an informed decision.

This might include:

• Fit notes
• Occupational health reports
• A Medical report from your treating doctor
• Your Own account of your condition

Medical information can help assess:

• Diagnosis where relevant
• Prognosis
• Possible return date
• Ability to perform duties
• Adjustments
• Likely future absence

The employer is responsible for the ultimate employment decision.

It does not automatically have to accept every medical recommendation, but disregarding clear medical evidence without a sound reason can make a decision harder to justify.

What About Persistent Short-Term Sickness Absence?

Employers can manage persistent short-term absence even where the individual illnesses are genuine.

A reasonable attendance-management process may include:

• Reviewing attendance levels
• Meeting with the employee
• Exploring underlying causes
• Setting appropriate attendance expectations
• Considering medical evidence
• Giving appropriate warnings
• Explaining that continued absence may put employment at risk

An employer should distinguish genuine capability or attendance concerns from misconduct.

If the absences are genuine, treating the matter automatically as disciplinary misconduct may not be appropriate.

What if the Absences Are Disability-Related?

An employer should consider whether its ordinary absence-management rules place a disabled employee at a substantial disadvantage.

Reasonable adjustments might include:

• Adjusting absence trigger points
• Discounting some disability-related absence
• Allowing additional recovery time
• Changing working arrangements

This does not necessarily mean that every disability-related absence must be ignored indefinitely.

The appropriate adjustment depends on the circumstances.

What if My Sickness Was Caused by Work?

This can be relevant to the way an employer should manage the situation.

For example, sickness might be connected with:

• Excessive workload
• Work-related stress
• Bullying
• Harassment
• Unsafe working conditions

Where work contributed to the health problem, the employer should consider whether steps can be taken to remove or reduce the cause.

For further guidance, see Stress at Work and Bullying at Work.

What if My Employer Has a Sickness Absence Policy?

Employers commonly operate sickness and attendance policies.

These may require employees to:

• Report sickness within a specified timeframe
• Keep the employer updated
• Provide appropriate medical evidence
• Attend return-to-work meetings
• Participate in absence reviews

If a reasonable policy has been properly communicated to you, you should normally follow it.

Failure to comply without good reason can create separate conduct issues.

However, an employer must apply its policies lawfully.

A blanket policy that treats disabled and non-disabled employees identically can sometimes place a disabled employee at a disadvantage.

Reasonable adjustments may therefore be required.

Can My Employer Change or Withdraw Company Sick Pay?

This depends on whether the sick-pay scheme is contractual or discretionary.

If the entitlement forms part of your contractual terms, your employer cannot normally remove it simply by describing the payment as discretionary after the event.

If the policy genuinely gives the employer discretion, the employer must still exercise that discretion:

• Rationally
• Consistently
• Without unlawful discrimination
• In accordance with contractual duties

You should check the exact wording of your contract and sickness policy.

What if I Have Long-Term Disability or Permanent Health Insurance Benefits?

Special issues can arise where your employment contract provides access to long-term disability income or Permanent Health Insurance, often called PHI.

Some PHI schemes provide income while an employee remains:

• Incapacitated
• Employed
• Eligible under the insurance scheme

Case law has recognised that, depending on the wording and circumstances, an implied contractual term can restrict an employer from dismissing an employee where doing so would improperly deprive them of the long-term disability benefit that the employment arrangements were intended to provide.

Does PHI Mean My Employer Can Never Dismiss Me?

No.

The protection is not absolute.

Whether the employer can dismiss will depend on matters including:

• Employment contract
• PHI scheme wording
• Nature of the benefit
• Reason for dismissal
• Circumstances in which the benefit was promised

The law does not simply provide that every employee receiving PHI can never be dismissed.

Dismissal may still be lawful in particular circumstances, for example where there is an independent and sufficient reason unrelated to using dismissal to defeat the benefit.

Because termination can have very significant financial consequences for someone receiving long-term disability benefits, both the contract and insurance scheme should be considered carefully before dismissal.

Am I Entitled to Full Pay on a Phased Return to Work?

Not automatically.

A phased return allows someone gradually to build back up to normal work following sickness.

This may involve:

• Reduced hours
• Fewer working days
• Lighter duties
• Different responsibilities

If you return to your normal duties but work reduced hours, you should normally receive your usual rate of pay for the hours you actually work.

Pay for the period you are not working will depend on:

• Your Employment contract
• Company sick-pay policy
• Any agreement with your employer
• SSP entitlement

Your employer may agree to continue full salary during a phased return, but there is no general statutory requirement that it must do so.

The pay arrangements should ideally be agreed in writing before the phased return starts.

Can I Receive SSP During a Phased Return?

Potentially.

The old rule requiring at least four consecutive days of incapacity no longer applies to new sickness periods under the post-April 2026 SSP regime.

SSP is now potentially payable from the first full qualifying day of sickness.

During a phased return, whether SSP is payable will depend on how the arrangement is structured.

For example, SSP may potentially be relevant where there are full qualifying days on which you remain unable to work.

SSP is not generally payable for a day on which you actually perform work.

Your employer should therefore agree clearly:

• Which days you will work
• Which days remain sickness absence
• What pay applies to each period

Can I Work for Another Employer While I Am Off Sick?

Potentially.

Being unable to perform one job does not necessarily mean that you are medically unable to perform a different job.

For example, your health may prevent you from undertaking strenuous physical duties but still permit lighter work elsewhere.

However, you should consider:

• Whether the two roles are genuinely different
• Medical advice
• Your Employment contract
• Any requirement for consent to secondary employment
• Whether the other work is consistent with the reason for sickness absence

If you have more than one employment, you may potentially qualify for SSP separately from each employer where the relevant requirements are satisfied.

Dishonesty about your ability to work or activities during sickness absence can create serious disciplinary issues.

Can I Go on Holiday While I Am Off Sick?

Yes.

Being on sick leave does not automatically mean that you are medically unable to travel or take a holiday.

For example:

• You May be unable physically to carry out your job but able to travel
• A Break may assist recovery from a mental health condition
• You May be on long-term sickness and medically capable of a holiday

You should normally request annual leave in the usual way.

If your employer approves the holiday:

• Sick leave can be paused
• Annual leave can be taken instead
• You should receive the appropriate holiday pay

If you remain unwell after the holiday, sick leave can then continue.

The fact that someone travels while sick does not automatically prove that their sickness absence was dishonest.

The nature of the condition and activities undertaken will be relevant.

What if I Become Sick While on Holiday?

If you become genuinely sick while on annual leave, you can potentially choose to treat the affected period as sick leave instead of annual leave.

This means that the holiday days affected by sickness can be retained and taken at another time.

You should follow the employer's sickness-reporting rules and provide appropriate evidence where required.

For the sickness period, you may receive:

• SSP if eligible
• Contractual sick pay where applicable

rather than holiday pay.

Can My Employer Force Me to Take Holiday While I Am Sick?

No.

An employer cannot force a worker to take annual leave while they are eligible for sick leave.

It is for the worker to request annual leave during sickness absence.

If approved, the sick leave can be paused while the annual leave is taken.

Do I Continue to Build Up Holiday While Off Sick?

Yes.

Statutory annual leave continues to accrue while you are absent because of:

• Sickness
• Injury

This applies even during long-term sickness absence.

Holiday and sickness have different legal purposes.

Sick leave allows recovery from illness, while annual leave provides rest and leisure from work.

Can I Carry Over Holiday if I Have Been on Long-Term Sick Leave?

Yes, where sickness prevented you from taking the relevant statutory holiday.

For a worker with regular hours who works throughout the year, up to 4 weeks of statutory annual leave can generally be carried forward because of long-term sickness.

The carried-over leave must generally be used within 18 months from the end of the leave year in which it accrued.

For example, if sickness prevented you from using part of the four-week entitlement, that amount can potentially be carried forward subject to the 18-month limit.

Your employer may allow more generous carry-over under:

• Your Contract
• Workplace policy
• Another relevant agreement

What if I Return to Work Before the Leave Year Ends?

If you recover and return to work with sufficient time and opportunity to take your outstanding holiday before the end of the leave year, you may not necessarily need to carry it forward on the basis of sickness.

The particular circumstances should be considered.

What About Irregular-Hours and Part-Year Workers?

Different statutory rules apply to irregular-hours and part-year workers.

Where such a worker is unable to use holiday because of long-term sickness, they can generally carry over up to 5.6 weeks of accrued statutory holiday.

That carried-over entitlement must generally also be used within the relevant 18-month period.

For further guidance on annual leave and holiday pay, see Holiday Entitlement and Holiday Pay.