What is the difference between SSP and occupational sick pay?

SSP is the legal minimum all eligible employees are entitled to from their employer; currently £123.25 per week (or 80% of average weekly earnings, whichever is lower), payable from day one of qualifying absence. Occupational sick pay is any enhanced sick pay offered by the employer above that minimum. It is defined in the employment contract and may provide full or partial salary for a set period. In most arrangements, occupational sick pay is inclusive of SSP rather than in addition to it.

When does an employee need a fit note?

A fit note is required from the eighth calendar day of a continuous absence. For the first seven calendar days (including weekends and bank holidays) an employee can self-certify their absence without visiting a GP. Employers cannot request a fit note earlier than day eight under standard rules; if they do, they must cover any fee charged by the healthcare professional.

Does sick leave affect holiday pay and annual leave?

Yes. Statutory holiday entitlement continues to accrue during sick leave, no matter how long the absence. If an employee cannot use their annual leave because of illness, they are entitled to carry it over into the next leave year. Employees can also choose to take paid holiday during sick leave, in which case holiday pay replaces SSP for those days. Broader guidance on leave and scheduling can be found across our HR news and blogs.

What happens when SSP runs out after 28 weeks?

When SSP ends, the employer must issue an SSP1 form so the employee can claim Employment and Support Allowance (ESA) from the DWP. If the employer offers occupational sick pay, that may continue beyond 28 weeks depending on the policy. Where absence continues and there is no realistic prospect of a return to work, the employer may need to consider a capability process following a fair procedure and, where relevant, complying with Equality Act obligations, as well as whether unpaid leave in the UK has a role to play.

Can an employer discipline an employee for being off sick?

Employers can manage sickness absence through a fair process, including return-to-work meetings, absence reviews, and, where absence levels are persistent and unsustainable, a capability or conduct process. However, they must not discipline employees for genuine ill health without following a fair procedure, and they must take care where absences are linked to a disability or other protected characteristic under the Equality Act. Consistent, well-documented processes, supported by accurate employee timekeeping practices, are essential.

Sick Leave: A Guide for UK Employers

Sick leave is time an employee takes off work because of illness or injury. In the UK, employees have a legal right to take sick leave and may be entitled to Statutory Sick Pay (SSP), company sick pay, or both, depending on their contract and how long they are absent.

What is sick leave?

Sick leave is any period of authorised absence from work due to a physical or mental health condition. It covers everything from a short illness lasting a day or two to long-term sickness absence lasting weeks or months. UK employment law gives employees the right to take sick leave without facing disciplinary action for genuine ill health, and places clear obligations on employers around sick pay, documentation, and return to work.

What are an employee's sick pay entitlements in the UK?

UK employees may be entitled to two types of sick pay: Statutory Sick Pay (SSP) and occupational sick pay.

Statutory Sick Pay (SSP)

SSP is the legal minimum an employer must pay eligible employees who are too ill to work. From 6 April 2026, the rules changed significantly under the Employment Rights Act 2025:

Rule	Before 6 April 2026	From 6 April 2026
When SSP starts	After 3 waiting days (day 4 onwards)	From the first qualifying day of absence
Lower Earnings Limit	£123 per week minimum to qualify	Removed — all employees eligible
Weekly rate	£118.75 flat rate	Lower of £123.25 or 80% of average weekly earnings
Maximum duration	28 weeks	28 weeks

SSP is paid by the employer via payroll and counts as taxable income. It is not an additional payment on top of contractual sick pay; in most cases, contractual sick pay is calculated inclusive of SSP.

Occupational sick pay (contractual sick pay)

Many employers offer enhanced sick pay above the statutory minimum. This is sometimes called company sick pay, occupational sick pay, or contractual sick pay. The terms are set out in the employment contract or sickness absence policy, and may include:

Full pay for a defined period (e.g. four weeks)
Half pay after that period
A sliding scale linked to length of service

Employers are not legally required to offer occupational sick pay, but if they do, the terms must be applied consistently. Discretionary sick pay (where payment is at the employer's discretion rather than a contractual right) must also be applied fairly and without discrimination.

What is a fit note, and when is one required?

A fit note (sometimes still called a sick note) is an official document issued by a healthcare professional confirming that an employee is not fit for work or may be fit with adjustments. It replaced the old sick note in 2010 and is officially known as a Statement of Fitness for Work (Med3).

The 7-day rule: Employees do not need a fit note for the first 7 consecutive calendar days of sickness absence. This 7-day count includes weekends, bank holidays, and non-working days, not just the days an employee is contracted to work. For absences of 7 days or fewer, self-certification is sufficient.

After 7 days: Employers can request a fit note from day 8 onwards. The employee must obtain one from a registered healthcare professional; this can be a GP, nurse, occupational therapist, pharmacist, or physiotherapist. Employees do not pay for a fit note for absences over 7 days; if an employer requests medical evidence within the first 7 days, the employer must cover any fee charged.

A fit note will state one of two things:

Not fit for work: the employee should not return until the fit note expires or a new assessment is carried out
May be fit for work: the employee could return with adjustments such as reduced hours, amended duties, or a phased return

Fit notes can be issued digitally and sent by email. They are typically issued for up to 3 months at a time during the first 6 months of illness.

What is self-certification?

Self-certification means an employee confirms their own sickness without providing a doctor's note. For absences of 7 calendar days or fewer, UK law does not require medical evidence. Employees usually self-certify using:

The HMRC SC2 form (Employee's Statement of Sickness)
An employer's internal return-to-work form
A written or emailed confirmation of the dates and reason for absence

Self-certification applies equally to physical and mental health conditions. Employees are not required to give a detailed diagnosis; a general description such as "stress" or "back pain" is sufficient.

What are the rules for long-term sick leave?

Long-term sick leave generally refers to absence lasting four weeks or more, though there is no fixed legal definition. Key obligations for employers during long-term absence:

Maintain regular contact: keep in touch with the employee without applying undue pressure to return
Obtain fit notes: request updated fit notes to document ongoing absence and support SSP administration
Occupational health referral: consider referring the employee to an occupational health assessment, particularly where the condition may be complex or the return to work timeline is unclear. Occupational therapists and other healthcare professionals can provide a medical opinion on fitness for work and reasonable adjustments
SSP duration: SSP is payable for a maximum of 28 weeks. After this, the employer must issue an SSP1 form so the employee can apply for Employment and Support Allowance (ESA) from the DWP
Equality Act 2010: if a long-term condition qualifies as a disability under the Equality Act, employers have a legal duty to make reasonable adjustments. This includes adjustments to working hours, duties, location, or equipment

Does sick leave affect holiday entitlement?

Yes, and in a way that surprises many employers.

Statutory holiday entitlement accrues in full during sick leave, regardless of how long the absence lasts. Employees who cannot take annual leave because of illness are entitled to carry it over into the next leave year. This applies to the statutory minimum of 28 days (including bank holidays) under the Working Time Regulations.

Key rules:

Holiday during sick leave: an employee can ask to take paid holiday while on sick leave. If they do, they receive holiday pay rather than SSP for that period. Employers cannot force employees to take annual leave during sick leave, so using vacation scheduling software can help track and plan overlapping requests
Illness during holiday: if an employee becomes ill during annual leave, they have the right to convert that time to sick leave and take their unused holiday at a later date. Medical evidence may be required
Unused holiday on return: employees who have accrued unused holiday during sick leave must be given a reasonable opportunity to use it, supported by fair time off request management. The employer cannot simply cancel it

What should a sickness absence policy include?

A clear sickness absence policy protects both employer and employee. It sets out the rules so managers apply them consistently and employees understand what to expect. A robust employer's sickness absence policy should cover:

Reporting procedure: when and how to notify the employer of absence (e.g. call by a specific time on day one)
Self-certification: the process for confirming short-term absences on return to work
Fit note requirements: when a fit note is required and what happens if one is not provided
Sick pay entitlements: SSP and any occupational sick pay, including how the two interact
Return-to-work interviews: a brief discussion on the first day back to understand the absence and identify any support needed
Absence triggers: the points at which absence levels will prompt a formal review (e.g. Bradford Factor, frequent short-term absences and overall absence rate)
Long-term absence procedure: how the employer will manage extended absence, including occupational health referrals and the process for capability review if the employee cannot return, supported by a clear employee attendance policy
Mental health: explicit confirmation that mental health conditions are treated the same as physical illness, and that any necessary attendance write-ups for absence follow a fair, consistent process

Any sickness absence policy must comply with UK employment law and be applied consistently. Inconsistent application (treating employees with similar absence records differently) creates legal risk, particularly under the Equality Act 2010.

How should employers manage sickness absence?

Short-term absence (7 days or fewer):

Employee reports absence via the agreed procedure
Manager notes the absence and any information provided
On return, employee self-certifies and completes a return-to-work interview
SSP (and any occupational sick pay) is processed from day one of qualifying absence

Absence over 7 days:

Employee obtains a fit note from a healthcare professional
Employer reviews the fit note and discusses any recommended adjustments
SSP continues to be paid (up to 28 weeks total)
If the fit note says "may be fit for work," the employer must discuss what changes are needed before the employee returns
Regular welfare check-ins are maintained

Frequent short-term absence: Employers can address patterns of frequent periods of short-term sick leave through their sickness policy. This includes absence review meetings, occupational health referrals, and, where appropriate, disciplinary procedures; provided the absences are not linked to a disability or protected characteristic. Robust labour tracking practices also make it easier to spot patterns early.

What are the rules around mental health and sick leave?

Mental health conditions (including stress, anxiety, depression, and work-related stress) are treated the same as physical illness for sick leave and SSP purposes. Employees can self-certify for the first 7 days, and if the condition persists, a fit note from a healthcare professional is required.

If a mental health condition is long-term or recurring, it may qualify as a disability under the Equality Act 2010. In that case, the employer has a duty to make reasonable adjustments. What constitutes a reasonable adjustment will depend on the role and the condition, but examples include altered hours, a phased return to work, adjusted responsibilities, or a quieter working environment.

Employers should avoid treating mental health-related absences differently from absences for physical conditions. Applying stricter scrutiny or absence triggers to shift workers with mental health conditions without justification can constitute discrimination.

How Shiftbase helps with sickness absence

For shift-based businesses, a sick call at 6am means more than just admin, it means an uncovered shift. Shiftbase connects absence management directly to the live schedule: when sick leave is logged, the gap becomes immediately visible, an Open Shift can be published, and available team members can claim it before the shift starts.

Shiftbase also handles leave balance tracking, absence notifications, and time and attendance software integration, so managers spend less time chasing paperwork and more time keeping operations running. Learn more about how absence management works in Shiftbase.

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Frequently Asked Questions

SSP is the legal minimum all eligible employees are entitled to from their employer; currently £123.25 per week (or 80% of average weekly earnings, whichever is lower), payable from day one of qualifying absence. Occupational sick pay is any enhanced sick pay offered by the employer above that minimum. It is defined in the employment contract and may provide full or partial salary for a set period. In most arrangements, occupational sick pay is inclusive of SSP rather than in addition to it.
A fit note is required from the eighth calendar day of a continuous absence. For the first seven calendar days (including weekends and bank holidays) an employee can self-certify their absence without visiting a GP. Employers cannot request a fit note earlier than day eight under standard rules; if they do, they must cover any fee charged by the healthcare professional.
Yes. Statutory holiday entitlement continues to accrue during sick leave, no matter how long the absence. If an employee cannot use their annual leave because of illness, they are entitled to carry it over into the next leave year. Employees can also choose to take paid holiday during sick leave, in which case holiday pay replaces SSP for those days. Broader guidance on leave and scheduling can be found across our HR news and blogs.
When SSP ends, the employer must issue an SSP1 form so the employee can claim Employment and Support Allowance (ESA) from the DWP. If the employer offers occupational sick pay, that may continue beyond 28 weeks depending on the policy. Where absence continues and there is no realistic prospect of a return to work, the employer may need to consider a capability process following a fair procedure and, where relevant, complying with Equality Act obligations, as well as whether unpaid leave in the UK has a role to play.
Employers can manage sickness absence through a fair process, including return-to-work meetings, absence reviews, and, where absence levels are persistent and unsustainable, a capability or conduct process. However, they must not discipline employees for genuine ill health without following a fair procedure, and they must take care where absences are linked to a disability or other protected characteristic under the Equality Act. Consistent, well-documented processes, supported by accurate employee timekeeping practices, are essential.