Am I entitled to sick leave? UK rules explained

Too sick to finish your shift, or too ill to start? If you are an employee, you can take sick leave from the start of your job. Message your manager now using the absence procedure, say when you became unfit for work, and keep a copy. Do not wait for a GP appointment. Reporting, fit-note evidence and pay are separate. Your right to stay home does not guarantee full wages.

Who qualifies for sick leave and pay?

If you are an employee, you can take sick leave from the start of your job when you are unfit for work. Flu, surgery, a bad back and depression can all be reasons for absence. Mental illness counts as sickness just as physical illness does. Tell your employer under its absence procedure. There is no fixed statutory allowance of sick-leave days, but prolonged or repeated absence can lead to a fair dismissal.

Pay depends on your status. Statutory Sick Pay eligibility covers people classed as employees for SSP, including some people whose wider employment status is “worker” rather than “employee”. Casual and zero-hours staff can qualify. Not having National Insurance deducted from low wages does not itself exclude you. You must have done some work for the employer and be ill for at least one full working day. Since 6 April 2026 there has been no minimum earnings level or service period for SSP.

Agency workers who are employed earners and meet the other conditions can get SSP. Whether it continues between assignments depends on whether the contract continues. If it ends with the assignment, SSP normally ends too. An agreed future assignment with the same agency starting within eight weeks can restore eligibility from its first day, even before you work it. HMRC’s employment-type guidance also distinguishes casual staff who have already had three months’ continuous employment from those who have not. It is your employment history, not simply the length printed on the latest contract, that matters.

For casual or short-term staff without three months’ continuous employment, SSP normally lasts until the end of the work they have agreed to do, including accepted further assignments. After three months’ continuous employment, HMRC generally treats the arrangement as indefinite unless the contract says otherwise. Other eligibility conditions and the 28-week limit still apply.

If you have two jobs, you may qualify for SSP separately under each contract where earnings are not aggregated for National Insurance. You can be too ill for one job but able to do the other. The genuinely self-employed, including self-employed agency workers, get no SSP. You may instead qualify for New Style Employment and Support Allowance on your contribution record, or Universal Credit on your circumstances. Directors who meet the SSP conditions can qualify, but how their average earnings are calculated depends on how they are paid.

SSP has exclusions beyond employment status. You cannot receive it once the relevant 28-week entitlement is exhausted or while getting Statutory Maternity Pay or Maternity Allowance. Pregnancy-related illness in the four weeks before the week your baby is due has separate rules. If payroll refuses SSP, ask which eligibility rule they are applying and request form SSP1.

How much sick pay you get

For 6 April 2026 to 5 April 2027, weekly SSP is the lower of £123.25 and 80% of your average weekly earnings. If 80% of your earnings exceeds £123.25, the cap applies. Your employer pays SSP through payroll on normal paydays. Income tax and National Insurance apply as they do to wages, where your income is high enough. Employers cannot reclaim SSP from HMRC.

SSP is paid only for qualifying days, normally the days you are contracted to work. Divide the weekly rate by the number of qualifying days in that week to get the daily rate. The SSP week runs from Sunday to Saturday. HMRC calculates average weekly earnings using a pay period normally covering at least eight weeks, ending on the last normal payday before the first complete sick day. Include earnings on which Class 1 National Insurance is due, or would be due if they were high enough. New starters still qualify. Payroll uses the shorter earnings period, or contractual earnings if none have yet been paid.

A period of incapacity for work is a spell of sickness lasting at least one full day. Weekends and bank holidays count within it, even where they are not paid qualifying days. Sickness periods eight weeks or less apart normally link. They share the 28-week entitlement limit, and average earnings are assessed from the first period rather than recalculated for each absence. A continuous series of linked periods lasting more than three years also ends entitlement. You do not get a fresh 28 weeks every time you return to work.

SSP can leave a brutal gap in your budget. At the £12.71 National Living Wage for people aged 21 and over from 1 April 2026, a 37.5-hour week pays about £476.63 gross. SSP of £123.25 is about 26% of that. Your employer may offer contractual sick pay, such as full pay for a month followed by half pay. Check your contract, handbook and any collective agreement for eligibility, duration and evidence rules. Company sick pay can include SSP within the total. It does not have to be paid on top, but the total cannot fall below your statutory entitlement.

Reporting absence and proving you are ill

Tell your employer you are unfit for work by the deadline in its absence policy. If it has not set one, the SSP default is within seven days. That deadline is ticking, so do not wait for a fit note or your next shift. Late reporting can reduce SSP. Message your manager now, state when the illness started, and say when you expect to return if you know. Keep a screenshot. If you could not report on time, explain why; do not assume a deduction is inevitable.

1. Send the message now. Use the required phone number, app or contact. State that you are unfit for work and when it began. Keep a copy.
2. Self-certify for the first seven calendar days. Include weekends and other non-working days. Your employer may ask you to complete its form or form SC2 when you return.
3. Get a fit note if you are off for more than seven days. If the absence lasts more than seven consecutive calendar days, send the note and keep a copy.
4. Agree contact while you recover. Discuss how often you will update your manager and what help you might need to return.

Keep the rota, payslips and messages too, especially if you work shifts in care, hospitality, retail, a warehouse, delivery or cleaning. If payroll later refuses SSP, the dates and records matter. A union can help you challenge it: UNISON for health and care, Unite or GMB across many workplaces, and IWGB for many platform delivery workers. Ask about joining if you are not already a member.

A fit note states that you are “not fit for work” or “may be fit for work” with changes such as shorter hours or different duties. If you and your employer cannot arrange those changes, the note can be treated as evidence that you are not fit. Since 1 July 2022, doctors, registered nurses, occupational therapists, pharmacists and physiotherapists can issue fit notes. They can be digital or printed. A note for sickness lasting more than seven days is free. A clinician may charge for evidence requested earlier.

You do not need medical evidence for the first seven calendar days to claim SSP. With your employer’s agreement, an Allied Health Professional Health and Work Report can be accepted instead of a fit note for workplace purposes. It cannot replace a fit note for an ESA claim. The GOV.UK sick-leave guidance explains self-certification and alternative evidence.

Holiday, long-term sickness and returning

Statutory holiday entitlement continues to build up while you are off sick. Most workers receive 5.6 weeks a year, with the amount in days or hours reflecting their working pattern. If you become ill before or during booked holiday, you can report sickness and ask to take the affected holiday later. Your employer cannot force you to use holiday instead of sick leave. You can choose to take paid holiday while off sick, which may help where holiday pay is higher than SSP.

In Great Britain, if sickness prevents you using your holiday, most regular-hours workers can carry over up to four weeks, to use within 18 months of the end of the leave year in which it accrued. Irregular-hours and part-year workers have a different rule. They can carry over up to 5.6 weeks of accrued statutory holiday because of long-term sickness, with the same 18-month deadline. Contractual arrangements can be more generous. For a leave year ending on 31 December 2026, that statutory sickness carry-over must be used by 30 June 2028.

Before returning after a long absence, discuss what you can safely do. A phased return, different duties or occupational health advice may help. Agree what you will be paid during reduced hours rather than assuming full pay continues. In Great Britain, a condition that meets the Equality Act 2010 definition of disability can trigger a duty to make reasonable adjustments, without a minimum service period. Long COVID and depression can qualify. The effect on your daily activities and its duration matter, not simply the diagnosis.

A fit note supports your absence. It does not promise full pay or make dismissal impossible.

Can you be dismissed while off sick?

Yes. A fit note does not prevent dismissal, and long-term inability to do your job can be a fair capability reason. For a fair ill-health dismissal, your employer should consult you, obtain appropriate medical evidence and consider return options, adjustments and alternative work. Dismissal should be a last resort. Repeated short absences can also lead to an attendance procedure. Disciplinary action during sick leave is a separate issue from dismissal because you cannot return to work.

In England, Wales and Scotland, you normally need two years’ continuous service to claim ordinary unfair dismissal as at 1 October 2026. Discrimination claims and many automatically unfair dismissal claims, including dismissal for pregnancy or whistleblowing, have no qualifying service period. The government’s timetable schedules a reduction to six months for dismissals from 1 January 2027. It is not in force yet, and the future date remains subject to parliamentary processes. Northern Ireland has separate rules, explained below.

Do not wait for an internal appeal to finish before checking a tribunal deadline. For most Great Britain claims about events on or after 1 October 2026, the limit is now six months less one day. Earlier events usually retain the three-month limit. For an unfair dismissal claim, time normally runs from the effective date of termination. Notify Acas within the applicable limit. Timely early conciliation pauses the clock, but an internal grievance or appeal does not.

Scotland, Wales and Northern Ireland

The SSP rate and main eligibility rules are the same in England, Wales and Scotland. Contractual sick pay can differ by employer. Agricultural workers may also have separate sick-pay arrangements, so check the rules for your nation and contract rather than assuming SSP is your only entitlement.

Northern Ireland has parallel SSP legislation, amended by the Employment Rights Act 2025. It has the same first-qualifying-day payment, removal of the earnings floor and normal weekly rate from 6 April 2026. But other employment protections differ. For ordinary unfair dismissal in Northern Ireland, the usual service requirement is one year and the usual Industrial Tribunal deadline is three months. Do not apply the Great Britain six-month deadline or scheduled service reform to a Northern Ireland claim. Contact the Labour Relations Agency promptly about early conciliation. Disability rights there arise under separate legislation, not the Equality Act 2010.

If your employer refuses sick pay

Ask payroll for a written explanation and the calculation, including your average earnings and qualifying days. Keep payslips and absence records. If you cannot resolve an SSP dispute with your employer, contact HMRC’s Statutory Payments Disputes team. If SSP or wages you are owed are withheld, that is wage theft. For unpaid contractual sick pay or a possible tribunal claim in Great Britain, contact Acas and start early conciliation before the claim deadline; in Northern Ireland, contact the Labour Relations Agency. Citizens Advice and local law centres can help you understand your options. Report minimum-wage underpayment to HMRC. If the problem involves labour exploitation or a gangmaster in a covered sector, contact the GLAA; in Great Britain, report unsafe work to the HSE. For disability discrimination or a failure to make reasonable adjustments in Great Britain, contact the EHRC or get advice promptly. Do not let discussions run past a claim deadline.

What is in force and what is still coming?

1. 1 July 2022More professions can issue fit notes

   Registered nurses, occupational therapists, pharmacists and physiotherapists join doctors.

2. 6 April 2026First-day SSP and no earnings floor

   Waiting days and the earnings threshold are removed. The normal rate is the lower of 80% of average earnings and £123.25, with transitional protection for some existing absences.

3. 7 April 2026Fair Work Agency established

   The agency’s launch does not mean every planned enforcement power started that day. For an individual SSP entitlement dispute, contact HMRC.

4. 1 October 2026Most Great Britain tribunal deadlines extended

   Most claims about events from this date have six months less one day. Earlier events usually keep their previous limit. Scotland’s tribunal breach-of-contract deadline changes separately on 9 November 2026.

5. 1 January 2027Shorter service requirement scheduled for Great Britain

   The government timetable schedules ordinary unfair dismissal protection after six months’ service for dismissals from this date. This is a future change, not the current rule.

Questions people ask

Do you get paid for the first day off sick?

If you qualify for SSP, it starts on your first full qualifying sick day under the rules in force from 6 April 2026. That is normally a day you would have worked. A single sick day can qualify. Report the absence on time and check whether your employer also offers company sick pay.

Can you qualify if you earn very little?

Yes. There is no minimum earnings threshold for SSP from 6 April 2026. You still need to meet the other conditions. At average earnings of £80 a week, the normal weekly rate is £64. With five qualifying days, one full sick day pays £12.80. Not having National Insurance deducted does not by itself disqualify you.

When do you need a fit note?

After more than seven consecutive calendar days off sick, including weekends. For the first seven days, self-certification is enough for SSP. Doctors, registered nurses, occupational therapists, pharmacists and physiotherapists can issue fit notes. A note for an illness lasting more than seven days is free.

Can your employer make you use holiday instead?

No, not where you are eligible for sick leave. You can choose to take holiday while off sick. If you become ill during booked leave, report it and follow the sickness procedure so you can ask to take those holiday days later.

Does the end of SSP mean your job ends too?

No. The 28-week pay limit and the continuation of your employment are separate issues. You may remain employed and off sick after SSP runs out. Your employer must provide SSP1 when required, and you may qualify for benefits. A dismissal still needs to meet the legal rules that apply to you.

Do agency and zero-hours workers get SSP?

They can, if they are treated as employees for SSP and meet the other conditions. The contract, continuity of employment and agreed assignments affect how long entitlement continues. Ask for the reason in writing if an agency says you do not qualify simply because you are temporary.

Sources

1. Statutory Sick Pay: eligibility and SSP1 deadlines, GOV.UK
2. Employer SSP eligibility and exclusions, GOV.UK
3. SSP notification and fit-note rules, GOV.UK
4. Rates and thresholds for employers 2026 to 2027, GOV.UK
5. Work out Statutory Sick Pay manually, HM Revenue & Customs
6. Statutory Sick Pay and different employment types, HM Revenue & Customs
7. Taking sick leave, GOV.UK
8. Employment Rights Act 2025, sections 10 to 13, legislation.gov.uk
9. Employment Rights Act 2025 commencement and transitional regulations, SI 2026/373, legislation.gov.uk
10. The fit note: a guide for patients and employees, Department for Work and Pensions
11. When an employee is off sick, Acas
12. Carrying over holiday, Acas
13. Holiday carry-over for irregular-hours and part-year workers, Acas
14. Unfair dismissal, Acas
15. Employment tribunal time limits from 1 October 2026, Acas
16. Statutory Sick Pay in Northern Ireland, nidirect
17. Statutory Sick Pay changes 2026, Labour Relations Agency
18. What to do if you are unfairly dismissed in Northern Ireland, nidirect
19. Fair Work Agency enforcement statement, GOV.UK
20. Employment Rights Act implementation timetable, GOV.UK
21. National Minimum Wage rates, GOV.UK
22. Statutory Sick Pay factsheet, Department for Business and Trade