Sick pay and sick leave

Am I entitled to sick pay?

Generally, if you’re employed in the UK, from 1 April 2026, you are entitled to sick pay from the first day of sickness when you’re unable to work due to illness.

• You should tell your employer as soon as possible that you will not be able to attend work.
• Your employer may request a ‘return to work’ interview when you go back to work.
• You can self-certify as sick for the first seven days, but you’ll need a fit note (also colloquially called a sick note) if you’re off for more than seven days (including days you wouldn’t normally work, like weekends).
• You’re still entitled to sick leave if you are on holiday. (There are limited circumstances in which you may still be entitled to sick pay if you work abroad). But two different types of leave cannot be taken together, so you should discuss using the holiday leave at another time with your employer.  
• You can still get sick pay if you’re on a zero-hours contract (and not self-employed), though some employers might not offer you work when you are ill.
• Self-employed people are not entitled to sick pay. 

Sick pay entitlements

Many organisations, like the NHS and councils, give you your full pay when you’re sick, and have what’s known as an occupational sick pay scheme.

However, if you work for a private company or have been outsourced, you may only be entitled to Statutory Sick Pay (SSP) – the minimum amount the government says employers can pay.

Under SSP, you currently don’t get any sick pay for the first three days you are sick. However, from 6 April 2026, Statutory Sick Pay will become a day one right following changes made by the Employment Rights Act 2025.

In the past, UNISON has successfully campaigned for outsourced workers to keep the same sick pay, and other terms, as the people in a workplace who have not been outsourced. 

Statutory sick pay rates

The sick pay rates change annually so you should always check the Government website for the most up-to-date figures.  

From 6 April 2025, if you earned over £123 per week and were off sick for more than three days in a row, you were entitled to SSP of £118.75 per week from the fourth working day on which you are off sick. From 6 April 2026, as stated above, SSP has become a day one right. The Employment Rights Act 2025 has also removed the lower earnings limit so that everyone will be entitled to sick pay, either at the new flat rate of £123.25 per week or 80% of average weekly earnings, whichever is lower.

Sick leave can be paid for up to 28 weeks of sick leave. After this time, you may be entitled to Employment and Support Allowance (ESA) if your employer stops paying SSP. Alternatively, you may have more favourable contractual sick pay entitlements under your occupational sick pay policy so you should check. 

You may not be entitled to sick pay if:  

• you do not report your sick leave as soon as possible;
• you do not provide medical evidence of your illness from the eighth day of your sick leave;
• you are on sick leave for long periods.

If you have any issues with sick pay or entitlements, speak to your UNISON rep for advice.

Extended or frequent periods of sick leave

If you are on sick leave four or more times for four to seven days in a single year, your employer may contact HM Revenue and Customs’ Medical Services.

HMRC’s Medical Services may then contact your doctor to confirm that you have been away from work for good reason.

If you’re off sick for extended periods, your employer also has the right to contact HMRC’s Medical Services to independently assess the state of your health. If they report that you are fit to work, your employer can stop paying you sick pay.

You have the right to appeal if you are deemed fit for work.

Remember that your employer is not allowed to contact your doctor to confirm the state of your health without first getting permission from you. 

Work-related illness

If you’re injured or contract an illness while at work, you must record it in the accident book. If you see the doctor about this illness, make sure they are aware that it is work-related.

If you believe that the incident affecting you is an ongoing health and safety issue, contact your UNISON health and safety rep.

Injuries and illnesses at work don’t affect your right to take sick leave or be paid sick pay. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.