If you’re too ill to work, you might be eligible for sick pay. Here’s what you need to know about your rights regarding sick leave and sick pay.
Sick Leave and Sick Pay
Am I Entitled to Sick Pay?
As an employee in the UK, you generally have the right to sick pay when you’re unable to work due to illness. Here’s what you should do:
- Notify Your Employer: Let your employer know as soon as possible that you won’t be coming to work.
- Return to Work Interview: Your employer may arrange a “return to work” interview when you come back.
- Fit Note Requirement: If you’re off for more than seven days (including weekends), you’ll need a fit note (also known as a sick note) from your doctor.
- Sick Leave During Holiday: You can still take sick leave if you’re on holiday. There are also some limited cases where you might receive ill pay while working abroad.
- Zero-hours Contracts: If you’re on a zero-hours contract and earn more than £123 a week (and are not self-employed), you can still receive sick pay. However, some employers might not offer you work while you’re ill.
- Self-Employed: If you’re self-employed, you aren’t entitled to sick pay.
Sick Pay Entitlements
Many organizations, like the NHS and local councils, provide full pay when you’re sick through an occupational sick pay scheme.
However, if you work for a private company or are outsourced, you might only qualify for Statutory Sick Pay (SSP), which is the minimum amount set by the government.
- No Pay for Initial Days: You won’t receive sick pay for the first three days of your illness.
Statutory Sick Pay Rates
From April 8, 2024, if you earn over £123 a week and are sick for more than four days in a row, you’ll receive Statutory Sick Pay of £116.75 per week starting from the fourth working day. You can receive this for up to 28 weeks.
After this period, if your employer stops paying SSP, you might be eligible for Employment and Support Allowance (ESA).
You Might Not Be Eligible for Sick Pay If:
- You fail to report your sick leave promptly.
- You don’t provide medical evidence from the eighth day of your illness.
- You take long periods of sick leave without sufficient justification.
If you encounter any issues regarding sick pay, reach out to your UNISON representative for advice.
Extended or Frequent Sick Leave
If you take sick leave four or more times for four to seven days within a year, your employer may contact HM Revenue and Customs (HMRC) Medical Services. They might check with your doctor to confirm the validity of your absences.
If you’re off for an extended period, your employer can also ask HMRC Medical Services to assess your health. If they determine you’re fit to work, your employer may stop your sick pay. You have the right to appeal this decision.
Important: Your employer cannot contact your doctor about your health without your permission.
Work-Related Illness
If you suffer an injury or illness at work, make sure to record it in the accident book. When visiting your doctor, inform them that your condition is work-related.
If you believe the issue stems from an ongoing health and safety problem, contact your UNISON safety representative.
Remember, injuries or illnesses at work do not affect your right to sick leave or sick pay.
My Employer is Threatening to Dismiss Me for Taking Sick Leave—What Should I Do?
Talk to your UNISON representative as soon as possible. They will explain your options and offer support.
What Does UNISON Do?
As a trade union, we advocate for fair treatment and proper pay for all workers when they are ill. We have successfully campaigned for outsourced workers to maintain the same sick pay and other benefits as those who are not outsourced.