Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Falling ill while in work can feel stressful enough without worrying about whether you will be paid, how long you can reasonably be off, or what your employer is entitled to ask for. The good news is that employees in England and Wales have clear statutory protections covering sick pay, time off and fair treatment during periods of ill health.
This guide walks through how Statutory Sick Pay works, who qualifies, what your employer is required to do, and the practical steps you can take to manage a health absence sensibly. Whether you are facing a short-term illness, a longer recovery, or a recurring condition, knowing where you stand helps you make calm decisions and protects your position at work.
Overview
Sick leave is the period an employee spends away from work because of illness or injury, and in the UK it is governed by a mix of statutory rights, contractual terms and general employment protections. At the baseline, eligible employees are entitled to Statutory Sick Pay (SSP) from their employer, which is a minimum weekly payment set by the government for a capped number of weeks.
Many employers also offer contractual or 'occupational' sick pay, which is more generous and set out in the employment contract or staff handbook. Beyond pay, employees are protected against unfair treatment or dismissal linked to illness, and those with a long-term health condition that meets the legal definition of a disability have additional protections under the Equality Act 2010, including the right to reasonable adjustments. Understanding the difference between statutory minimums and contractual extras is the key to knowing what you can expect.
Key steps
Tell your employer promptly. As soon as you know you cannot work, notify your employer in line with the absence procedure set out in your contract or staff handbook. Most workplaces expect contact on the first day of sickness, within a set time frame. Missing the notification window can delay sick pay, so keep a record of when and how you told them.
Self-certify for shorter absences. For the first seven calendar days of illness, including weekends and non-working days, you can usually self-certify by completing your employer's internal form or a short written statement describing the reason for absence. Your employer cannot insist on a GP note during this initial self-certification period, so do not feel pressured to obtain one early.
Get a fit note for longer absences. If your absence lasts more than seven calendar days, you will normally need a fit note (sometimes still called a sick note) from a GP, hospital doctor, nurse, pharmacist, occupational therapist or physiotherapist. The note may say you are unfit for work or that you 'may be fit for work' with suggested adjustments your employer should consider.
Check your sick pay entitlement. Confirm whether you qualify for SSP based on your earnings and employment status, and check your contract for any enhanced company sick pay. Ask HR or payroll to confirm the rate, start date and expected duration of payment. If SSP is refused, your employer should give you a written explanation setting out why.
Stay in sensible contact during absence. Keep communication open with your manager through agreed check-ins, and respond to reasonable requests for updates or occupational health referrals. If your absence becomes long-term, discuss a phased return, adjusted duties or workplace adjustments. Good documentation of these conversations protects both you and your employer if disputes arise later.
Q How long can I be off sick before needing a fit note?
You can self-certify for the first seven calendar days of illness, which includes weekends and bank holidays, not just working days. After that, your employer can ask for a fit note from a registered healthcare professional such as a GP, nurse or pharmacist. Some employers accept a fit note earlier as a matter of policy, but they cannot legally require one within the first week.
Q Who qualifies for Statutory Sick Pay?
To receive SSP you generally need to be classed as an employee, have been off sick for at least four days in a row including non-working days, earn at least the lower earnings limit on average, and have told your employer within their deadline. Agency workers can qualify in some situations. Self-employed people and genuine contractors do not receive SSP but may be able to claim other benefits. Check gov.uk for current earnings thresholds and weekly rates.
Q Can my employer dismiss me for being off sick?
Dismissal purely because of illness is not automatically unlawful, but employers must follow a fair process, which usually involves medical evidence, consultation and considering alternatives before ending employment on capability grounds. If your condition counts as a disability under the Equality Act 2010, your employer must also consider reasonable adjustments. Dismissing someone without proper process, or because of a protected condition, can amount to unfair or discriminatory dismissal.
Q Do I accrue holiday while I am off sick?
Yes. Employees continue to build up their statutory holiday entitlement during sick leave, even if the absence is long-term. If you are unable to take holiday because of illness, you can often carry some of it over into the next leave year. You can also choose to take paid holiday during a period of sickness, which may be useful if your sick pay has run out or you are on reduced pay.
Q What is occupational or contractual sick pay?
Occupational sick pay is an enhanced scheme some employers offer on top of SSP, typically paying full or partial salary for a set number of weeks. The rules, qualifying service and payment duration are set out in your employment contract, staff handbook or a separate policy. Not every employer offers it, and entitlement often increases with length of service. Always check your contract to see what you are entitled to.
Q Can my employer contact me while I am off sick?
Reasonable, considerate contact is allowed and often sensible, for example to check on your wellbeing, discuss return-to-work planning or arrange occupational health support. What is not acceptable is repeated pressure to return before you are ready, demands for work to be completed, or contact that feels like harassment. If communication becomes excessive or distressing, raise it with HR or through the grievance procedure.
Q What happens when my Statutory Sick Pay runs out?
SSP is paid for a maximum number of weeks set by government rules. Once it ends, if you are still unable to work, you may be able to claim benefits such as Universal Credit or Employment and Support Allowance, depending on your circumstances. Your employer should give you form SSP1 before your SSP ends so you can apply. Any contractual sick pay you receive runs according to your contract terms.
Sick leave situations rarely feel simple, especially when pay, fit notes or return-to-work conversations become tense. An experienced legal adviser can talk through the practicalities with you on the phone, focused on your specific situation and based on what you describe.
✓Plain-English answers to your specific questions about sick pay and time off
✓Practical perspective on how statutory and contractual rules fit your circumstances
✓Help thinking through next steps with your employer based on what you describe
✓Clarity on what to watch out for before you reply, sign or agree to anything
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.