The UK does not provide a separate paid sick leave entitlement. Instead, eligible employees receive Statutory Sick Pay (SSP) from their employer for up to 28 weeks of qualifying absence per period of incapacity for work.

Statutory entitlement

Up to 28 weeks of SSP per period of incapacity for work, paid at a flat weekly rate set annually by the government. Many employers offer enhanced contractual sick pay above the SSP minimum.

Eligibility

Employees earning at least the Lower Earnings Limit, who have been off work sick for at least four days in a row (including non-working days), and who notify their employer in line with the company's sickness procedure.

Employer obligations

  • Pay SSP from the fourth qualifying day of sickness absence (the first three are 'waiting days').
  • Keep records of SSP paid for at least three years.
  • Accept self-certification for the first seven calendar days; require a fit note from a healthcare professional thereafter.
  • Continue accruing annual leave during sick leave and allow carry-over of unused statutory leave.

Employee rights

  • Right to SSP if eligibility conditions are met, regardless of length of service.
  • Right to continue accruing annual leave while off sick.
  • Protection from dismissal for taking sickness absence may apply under the Equality Act 2010 if the absence relates to a disability.

Common pitfalls

  • Refusing to pay SSP because the employee has not provided a fit note in the first seven days — self-certification is sufficient.
  • Failing to apply the four-day waiting-day rule correctly when absences are linked.
  • Treating disability-related sickness the same as ordinary sickness, ignoring the duty to make reasonable adjustments.
  • Forgetting that annual leave continues to accrue during sick leave.

Linked periods of incapacity

Two periods of sickness of at least four days each are 'linked' if they are separated by eight weeks or less. Linked periods count as a single period of incapacity for the 28-week SSP cap, and waiting days are not reapplied.

Contractual sick pay vs SSP

Many UK employers offer enhanced contractual sick pay — for example, full pay for the first month and half pay for the next two. SSP is the legal floor; the employment contract sets the actual entitlement.

Frequently asked questions

How much is Statutory Sick Pay in the UK?

SSP is set annually by the UK government. Check GOV.UK for the current weekly rate, as it is uprated each April.

Do employees accrue holiday while on long-term sick leave?

Yes. Statutory annual leave continues to accrue and may be carried into the next leave year if the employee was unable to take it due to illness.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.