Question

What are your rights to sick pay?

Vault Verified
Curated Intelligence
Definitive Source
Answer

Statutory Sick Pay is a legal minimum, paid by your employer, not a benefit from the state — and it is considerably less than most people assume, which is why the difference between statutory and contractual sick pay matters so much.

Statutory Sick Pay (SSP). A flat weekly rate, paid for up to 28 weeks in a period of sickness.

Who qualifies: employees earning at least the lower earnings limit, who have been off sick for the qualifying period and have notified their employer.

What it is not: it is not related to your normal earnings. A high earner and a modest earner receive the same flat amount, which for most people is a very large drop in income.

Contractual or occupational sick pay. Many employers pay more — full pay for a period, then half pay — and this is entirely a matter of contract. It is one of the more valuable and least examined parts of a job offer, and it varies enormously between employers.

Evidence requirements:

Self-certification for the first seven days, which cannot be refused.

A fit note from day eight, which is the correct term — it can say "not fit for work" or "may be fit for work" with suggested adjustments such as altered hours, amended duties or a phased return. That second option is widely overlooked and is the route back for many people.

Fit notes can be issued by several professions, not only doctors.

What else attaches to sickness absence:

Holiday continues to accrue while off sick, and untaken leave may be carried over where illness prevented it.

Dismissal for long-term sickness is possible but constrained, requiring a fair process, medical evidence and consideration of alternatives.

Disability protections may apply, including a duty to make reasonable adjustments — which is a separate and stronger right than sick pay.

Occupational health referrals exist to advise on capability and adjustments.

Pregnancy-related absence is treated separately and cannot count toward sickness triggers.

Where SSP does not apply — including for many self-employed people — welfare benefits are the fallback.

General information, not legal advice.

Related Questions