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How sick pay works 

Since 6th April 2026

  1. You can get Statutory Sick Pay from the first day you are off sick. You don’t have to wait for 3 days anymore.
  2. All employees can get Statutory Sick Pay, although if you have very low earnings you will get a lower rate of Statutory Sick Pay.
  3. If your employer refuses to pay Statutory Sick Pay, you will be able to report it to the Fair Work Agency (when that is up and running), which has the power to fine employers.

It is important to know what sick pay you are entitled to from your employer or if you can get Statutory Sick Pay, as a minimum income. 

Taking leave for your mental health counts as sickness, just like  a physical health illness does. Your employer should treat both in the same way.

What is Statutory Sick Pay?

Statutory Sick Pay is the minimum legal amount employers must pay to employees who are unable to work due to illness. For 2026/27 if you earn above £129 a week on average, it is paid at £123.25 for up to 28 weeks. If you earn below that amount, the amount you receive will be lower.

Employers often have their own more generous scheme, where they top up this basic amount for a period of time. Check your contract. 

Workers whose tax is paid automatically through PAYE are entitled to statutory sick pay. Check if you are an employee or a worker.

If you are an agency worker you might be entitled. Check your contract with the agency and get some advice if you can. 

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Many employers give staff a certain number of days as paid sick leave each year. This is sometimes called ‘company’, ‘contractual’ or ‘occupational’ sick pay. It's up to your employer whether to offer this or not. This additional sick pay ‘tops up’ the Statutory Sick Pay.

Employers are also allowed to offer discretionary sick pay, where they pay for some sickness situations, but not for others. However, they must make sure that this is fair to all employees, whether full-time or part-time, and that it does not discriminate against anyone who may be disabled.

Look at your employment contract to find out what you are entitled to.

Your contract should say: 

  1. How much sick pay you are entitled to.
  2. How long your employer will pay it.
  3. Any rules your employer has in place around taking sick leave.

If you can’t find your contract, you haven’t been given a contract, or your employer doesn’t have any sick pay information in writing, ask your manager for details of your sick pay policy or speak to your HR department (if there is one). If you are a member of a Trade Union, you can also ask your Trade Union representative.

Speak another language?

Or want this page read aloud to you?

Press the button at bottom of the screen to choose language and accessibility options.

Naciśnij przycisk u dołu ekranu, aby wybrać język i opcje ułatwień dostępu.

按屏幕底部的按钮选择语言和辅助功能选项

Pulse el botón situado en la parte inferior de la pantalla para elegir las opciones de idioma y accesibilidad.

اضغط على الزر الموجود أسفل الشاشة لاختيار خيارات اللغة وإمكانية الوصول

Stlačením tlačidla v dolnej časti obrazovky vyberte jazyk a možnosti prístupnosti.

More resources to help you understand your employment rights

We also have help that explains:

Notify your employer that you are sick. 

1. For the first seven days

For the first 7 days or less that you are sick and unable to work, you don’t need to show proof of your sickness. This is called ‘self-certification’. You just need to inform your employer that you are ill and unable to work. Your employer will usually ask you to confirm details about your illness when you return to work. They may ask you to complete a form or send details by email, according to their sickness policy.
 

2.After seven days – Get a Fit note

If you have been sick for more than 7 days (which includes any days you don’t usually work), you have to show proof of your sickness by asking a registered medical practitioner to give their professional opinion about your fitness to work.

This type of statement is usually called a Fit Note. Though it is also sometimes called a ‘sick note’.

Your employer takes a copy of the note, while you keep hold of the original.
 

Sickness caused by your disability

If your time off because of sickness is caused by a disability, then you may consider asking your employer not to count these absences towards your sickness absence record. There is no entitlement to have such absences discounted from your absence record but, depending on the circumstances, this may be a reasonable adjustment to your terms of employment. If they refuse, or if you are dismissed because of these absences, you may have a claim for disability discrimination.

Sickness caused by your job 

If you are getting sick because of the physical conditions at work, your employer could be flouting health and safety requirements

If you are suffering a stress-related illness because of bullying at work, your employer could be held responsible and you might be entitled to compensation. To read more about this issue and find out what you can do about it, go to our short guide on unfair treatment at work

Sickness when you are pregnant 

Your rights to sick leave when you are pregnant or already on maternity leave vary. It depends on whether you are sick because of the pregnancy or for another, different reason. 

Sickness caused by your pregnancy 

Your doctor can tell you if your sickness is caused by your pregnancy or not. If it is, you can get Statutory Sick Pay up to 4 weeks before your due date. If you are off sick due to your pregnancy in the last 4 weeks before your due date, statutory sick pay will stop and statutory maternity leave and pay will start from the following day. 

You cannot be dismissed for being off sick when you are pregnant

For more information on your rights when pregnant, see our other short guide on what to do about work when you find out you are pregnant and what time you can take off. 

Sickness that is not caused by your pregnancy 

If you are sick for a reason not related to your pregnancy, you will still be entitled to statutory sick pay. Your statutory maternity pay will then start on the date that you begin your maternity leave, or the week your baby is due, whichever comes first.
 

Your employer doesn't have to give you time off for routine appointments like the dentist or the GP. Check your employment contract. You might have to go outside work hours, take annual leave, or make the time up later.

But if you have a medical appointment in relation to your pregnancy or your disability, you should get time off. 
 

Coming back to work after a long sickness absence usually involves an informal ‘return to work’ meeting with your employer. This is simply to check that you are fully ready to return to work and find out whether you need any extra help or support. Your employer’s sickness absence policy should cover this process in more detail.

Your employer may discuss with you the possibility of a phased return to work. A phased return allows you to gradually get used to being back at work, for example, by either working slightly reduced hours or having a lighter workload. For more information, check out Acas phased returns.
 

Problems can happen when you take time off work because you are sick for a long time or if you have to call in sick a number of times within a short period. 

An employer is not required to wait indefinitely for you to return to work from sick leave. But ending your employment because you have taken time off sick may be unfair if your employer has not acted reasonably, for example, by failing to give you enough time to recover or by not following a fair process

If you lose your job because have been off work sick, it’s a good idea to get advice. In some cases, this may be an ‘unfair dismissal’ or could be disability discrimination if you are disabled. 

To work out if you have been unfairly dismissed, you will need to get some more help. Start by looking at our guide on leaving your job.

Do zero-hours workers get sick pay in 2026?

Yes – if your tax is paid automatically through PAYE you are entitled to at least statutory sick pay.

Workers who pay their own tax through self-assessment are not entitled to SSP. 

My boss says I don't qualify for sick pay because I'm a migrant—is this true?

No. All employees are entitled to sick pay, regardless of their immigration status. All workers whose tax is paid automatically through PAYE are entitled to statutory sick pay.

Am I entitled to sick pay?

It depends. If your tax is paid automatically through PAYE you are entitled to statutory sick pay. 
Workers or self-employed people who pay their own tax through self-assessment are not entitled to statutory sick pay. 

If you earn below a certain threshold (£129 for 2026/27 tax year) you will receive a lower rate of SSP.

Can I be fired if I have a sick note?

Yes, an employer is not required to wait indefinitely for you to return to work from sick leave. But ending your employment because you have taken time off sick may be unfair if your employer has not acted reasonably, for example, by failing to give you enough time to recover or by not following a fair process. It would usually be unfair if it is a ‘one-off’. If you lose your job because have been off work sick, get advice. In some cases, this may be an unfair dismissal or could be disability discrimination if you are disabled. 
 

Disclaimer

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements 

This guide was produced by Advicenow. We would like to thank everyone who has commented or helped with the guide including editorial teams at Thomson Reuters who kindly reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant.


 

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