Entitlement to Statutory Sick Pay (SSP)
Statutory Sick Pay (SSP) is a legal minimum payment employers must provide to eligible employees who are absent from work due to illness. To qualify, the employee must be classed as an employee, have commenced work, earn at least £125 per week before tax, and be off sick for at least four consecutive days forming a Period of Incapacity for Work (PIW) (including non-working days). SSP is payable for up to 28 weeks in any period of incapacity for work, provided all eligibility criteria continue to be met. Agency, casual, and zero-hours workers may also qualify if they meet these requirements. Employees must notify their employer of their sickness within the timeframe set by the employer’s policy or within seven days if no policy exists. Linked periods of sickness (separated by eight weeks or less) are treated as one period for SSP purposes, and the entitlement is cumulative across such periods.
Current Statutory Sick Pay (SSP) Rates
For the 2025/26 tax year, the SSP rate is £118.75 per week. This is paid for up to 28 weeks per period of sickness. SSP is paid for the employee’s normal working days, but not for the first three consecutive days of absence (waiting days), unless the absence is linked to a previous period within the last eight weeks. SSP is subject to tax and National Insurance deductions and is paid in the same way as normal wages (weekly or monthly.
Can employers offer more than the statutory minimum?
Employers may choose to offer occupational or contractual sick pay, which provides enhanced payments above the statutory minimum. The terms, eligibility, and duration of such schemes are set by the employer and must be clearly outlined in the employment contract or staff handbook. Occupational sick pay can include full or part pay for a set period, and may have qualifying service requirements. However, employers cannot pay less than the statutory minimum to eligible employees. Any enhanced scheme must be applied fairly to avoid discrimination claims.
Process for claiming statutory sick pay
The employee must notify their employer of their sickness absence according to the employer’s policy or within seven days if no policy is set. For absences of seven days or fewer, self-certification is permitted; for longer absences, a fit note from a healthcare professional is required (from July 2022 nurses, occupational therapists, pharmacists and physiotherapists can issue them). Employers should provide clear instructions on reporting sickness, including who to notify and any required forms (such as SC2 for self-certification). SSP is paid automatically if the employee meets all criteria—there is no separate application process, but the employer may request supporting documentation. Employers must keep records of all absences, payments, and communications.
Circumstances where SSP can be withheld
SSP may be withheld if the employee does not meet the eligibility criteria (e.g., insufficient earnings, not being an employee, not meeting the minimum sickness duration), fails to notify the employer within the required timeframe without good reason, or is in receipt of Statutory Maternity Pay. SSP can be refused or stopped only when a statutory qualifying condition is not met —for example, if the employee fails to give timely sickness notification without good reason, earns less than the Lower Earnings Limit, or has exhausted the 28-week entitlement. Where SSP is withheld, the employer must give the reason in writing and issue form SSP1 (or a written statement) within seven days so the employee can challenge the decision with HMRC. Employers should seek professional advice before withholding SSP to avoid procedural errors or legal risks.
What to do if sick pay runs out
When the 28-week SSP entitlement ends, employers must issue form SSP1 to the employee within seven days of SSP ending (or on or before the 23rd week if the end is anticipated). This enables the employee to apply for government benefits such as Employment and Support Allowance (ESA) or Universal Credit. Employees continue to accrue annual leave while off sick and may use holiday entitlement if sick pay runs out. Employers should maintain communication, provide support for a return to work where possible, and consider reasonable adjustments for disabled employees under the Equality Act 2010.
Managing sickness absence
Managing Short-Term Sickness Absence
Require employees to follow the organisation’s reporting procedures, including notifying their line manager as soon as possible and providing self-certification for absences up to 7 days. For absences over 7 days, a fit note from a healthcare professional is required (see section below on fit notes). Accurate records of all absences and reasons must be maintained to identify patterns and ensure compliance with statutory sick pay (SSP) obligations.
Conduct a return-to-work meeting after each period of absence to confirm the employee’s fitness to return, discuss any underlying issues, and identify support needs. This meeting should be documented and held in a private setting. If patterns of absence emerge, consider whether there is an underlying health condition and whether Occupational Health input is required.
If absence levels reach defined trigger points, initiate an absence review process. This may involve informal discussions, setting attendance targets, and, if necessary, formal capability or disciplinary procedures. Always consider whether absences are related to disability or pregnancy before taking formal action.
Managing long-term sickness absence
Long-term sickness absence is typically defined as four weeks or more. Maintain regular, supportive contact with the employee, agreeing on the frequency and method of communication. Obtain and review fit notes and consider an Occupational Health referral to assess fitness for work and any adjustments needed.
Conduct absence review meetings at appropriate intervals to discuss prognosis, possible return dates, and support measures. If the employee’s condition may amount to a disability, ensure reasonable adjustments are explored and implemented where practicable, such as phased returns, altered duties, or flexible working.
If dismissal is being considered, ensure a fair capability process is followed: obtain up-to-date medical evidence, consult with the employee, consider all reasonable adjustments, and provide the right to appeal. Dismissal should only occur when all alternatives have been exhausted, and the process must be sensitive to the risk of unfair dismissal and disability discrimination claims.
Managing an employee with a poor sickness absence record
Monitor absence data to identify frequent short-term absences or patterns (e.g., absences around weekends or holidays). Use tools such as the Bradford Factor to assess the impact and determine when to trigger formal processes.
Hold an absence review meeting to discuss concerns, explore any underlying medical or personal issues, and set clear expectations for improvement. Where appropriate, refer to Occupational Health to determine if there is an underlying health condition or disability.
If no underlying condition is identified, manage the situation under the capability or disciplinary procedure, issuing warnings and setting review periods as necessary. Ensure that any disability- or pregnancy-related absences are excluded from disciplinary calculations to avoid discrimination.
Managing sickness just before or during a period of holiday
Employees who fall ill before or during a period of annual leave are entitled to take their holiday at a later date. Sickness absence must be reported according to the usual procedures, and the employee may be required to provide medical evidence.
Employers cannot require employees to take annual leave instead of sick leave. Statutory holiday continues to accrue during periods of sickness absence, and employees may request to reschedule their holiday.
Maintain clear records of sickness and annual leave, and ensure policies reflect the legal right to carry over untaken statutory holiday if sickness prevents its use during the leave year.
Managing an employee off sick during a performance improvement procedure
If an employee becomes sick during a performance improvement process, pause the process and maintain supportive contact. Assess whether the sickness is related to the performance concerns or the process itself (e.g., stress).
Obtain medical advice, potentially via Occupational Health, to determine the employee’s fitness to participate in the process and whether reasonable adjustments are needed. Consider whether the process should be modified or delayed to accommodate the employee’s health needs.
Resume the performance process only when the employee is fit to engage, ensuring all steps are documented and that the process remains fair and non-discriminatory.
Managing an employee off sick during a disciplinary process
If an employee is absent due to sickness during a disciplinary process, assess whether the process can continue in their absence or should be postponed. Seek medical advice on the employee’s ability to participate, and consider reasonable adjustments, such as holding meetings remotely or allowing written submissions.
Maintain regular, sensitive communication and document all decisions. If the employee is unable to participate for a prolonged period, consider whether the process can proceed based on available evidence, but only after all reasonable efforts to involve the employee have been made.
Ensure the process is fair and that any absence related to a disability or pregnancy is managed in line with the Equality Act 2010, to avoid discrimination claims.
Return-to-work meetings following short-term sickness absence
Conduct a return-to-work meeting after every short-term sickness absence. Use the meeting to confirm the reason for absence, ensure the employee is fit to return, discuss any support or adjustments needed, and update them on workplace developments.
Document the meeting and retain records confidentially. Use the opportunity to identify any patterns or underlying issues and reinforce the organisation’s attendance expectations.
If concerns arise during the meeting (e.g., repeated absences, possible underlying health conditions), consider further investigation or referral to Occupational Health as appropriate.
Fit note system and medical documentation
How the fit note system works
A fit note (Statement of Fitness for Work) is the official medical evidence required when an employee is absent due to illness for more than 7 consecutive calendar days, including weekends and non-working days. Fit notes can be issued by GPs, nurses, occupational therapists, pharmacists, or physiotherapists, and may be provided in digital or paper form. For absences of 7 days or fewer, employees can self-certify their sickness without medical evidence. Employers must accept fit notes from all authorised healthcare professionals and should update absence policies accordingly to reflect this broader range of issuers.
Getting a fit note or self-certifying
Employees off sick for 7 calendar days or less may self-certify their absence, typically by completing a self-certification form or providing written/email confirmation of the dates and reason for absence. No medical evidence is required for this period, and statutory sick pay (SSP) eligibility is unaffected by self-certification.
If sickness absence exceeds 7 consecutive days, the employee must obtain a fit note from a qualified healthcare professional and provide it to their employer as soon as possible. Employers should not request a fit note before the 7th day of absence, and delays in obtaining a fit note should be communicated by the employee.
Fit notes: ‘Not Fit for Work’ vs ‘Might Be Fit for Work’
A fit note will state either that the employee is ‘not fit for work’ (completely unfit for any work duties) or ‘may be fit for work’ (potentially able to work if certain adjustments are made). If ‘may be fit for work’ is indicated, the healthcare professional may suggest adjustments such as a phased return, amended duties, altered hours, or workplace adaptations. These recommendations are advisory, not binding, but must be carefully considered—especially if the employee may be disabled under the Equality Act 2010, which triggers a duty to make reasonable adjustments. If adjustments cannot be agreed, the employee should be treated as ‘not fit for work’ and does not need a new fit note.
Who does an employee hand a fit note to?
Employees should usually submit their fit note to their line manager or supervisor, as set out in the organisation’s absence policy or staff handbook. If the fit note contains sensitive information, the employee may give it to HR or a senior manager and request confidentiality. The original fit note remains the property of the employee, but the employer should retain a copy for their records and statutory sick pay purposes.
Fit notes must be handled in accordance with UK GDPR, ensuring confidentiality and limiting access to those who need to know. If information from the fit note must be shared (e.g. for health and safety reasons), this should be discussed with the employee and only relevant details disclosed.
Requesting a doctor’s report about an employee’s health
Employers may request a medical report from the employee’s GP or treating healthcare professional to clarify health issues, assess fitness for work, or inform reasonable adjustments. The employee’s explicit written consent is required before any approach is made to their doctor, in line with the Access to Medical Reports Act 1988.
Employees have the right to see the report before it is sent to the employer, request amendments, or withhold consent for its release. If consent is refused, employers must make decisions based on the information available.
Accessing an employee’s medical records
Access to an employee’s full medical records is only permitted with the employee’s informed, written consent and must be necessary for a legitimate employment purpose, such as managing long-term absence or considering reasonable adjustments. Requests must comply with the Access to Medical Reports Act 1988 and UK GDPR, and employees retain the right to review and restrict information shared.
Employers should ensure medical information is kept confidential, stored securely, and only shared with staff who require it for absence management or health and safety purposes.
Time off for medical appointments
Employees are not automatically entitled to paid time off for medical appointments unless this is provided for in their contract, staff handbook, or absence policy. But you must give paid time off for: Antenatal appointments for pregnant employees (normal pay); up to five adoption appointments for the main adopter (paid) and two unpaid for the secondary adopter; and, any appointment that is a reasonable adjustment for a disabled worker..
Employers should treat requests for time off for medical appointments fairly and consistently, and consider individual circumstances, particularly where appointments are related to a disability or pregnancy.
