Answers to common questions about Statutory Sick Pay in the UK
Below you will find answers to the most frequently asked questions about Statutory Sick Pay (SSP) in the United Kingdom. Whether you work part-time, on a zero-hours contract, or are dealing with a complex situation, this page aims to provide clear, practical guidance. For a detailed overview, see our complete SSP guide, or use our SSP calculator to check your entitlement.
Yes. Part-time workers have the same right to Statutory Sick Pay as full-time employees, provided they meet the qualifying conditions. You must earn at least the Lower Earnings Limit (£123 per week on average for 2025/26) and your illness must last at least four consecutive days. The amount of SSP you receive is the same flat weekly rate regardless of whether you work full-time or part-time — it is not pro-rated based on your hours.
Your qualifying days (the days on which SSP is payable) are the days you would normally be required to work. So if you only work Tuesdays and Thursdays, those are your qualifying days, and waiting days are counted against them.
Agency workers can qualify for SSP, but it depends on the nature of their contract. If you have a contract of service with your agency (rather than a contract for services), you are generally considered an employee for SSP purposes and your agency is responsible for paying you SSP.
If you are between assignments, the position is more complex. If your contract with the agency has ended, you may not be eligible for SSP from them. In this case, you should consider claiming Employment and Support Allowance (ESA) or Universal Credit instead.
Workers on zero-hours contracts can qualify for SSP if they meet the standard eligibility criteria, including the earnings threshold. The key question is whether your average weekly earnings over the relevant eight-week period meet or exceed the Lower Earnings Limit. If you regularly earn above this threshold, you should be entitled to SSP even if your hours vary from week to week.
If your employer argues that you have no guaranteed hours and therefore do not qualify, this is not necessarily correct. The test is based on your actual earnings, not your contracted hours. If you believe your employer is wrongly refusing SSP, you can ask HMRC to make a formal decision.
Pregnancy-related illness is treated slightly differently under SSP rules. If you are off sick with a pregnancy-related illness in the four weeks before your expected week of childbirth, your employer can start your maternity leave early and switch you from SSP to Statutory Maternity Pay (SMP) or Maternity Allowance.
Before the four-week trigger period, pregnancy-related sickness is treated the same as any other illness for SSP purposes. However, it is important to note that under the Equality Act 2010, treating a woman unfavourably because of pregnancy-related illness is unlawful discrimination. Your employer must not count pregnancy-related sickness absences against you in any sickness absence procedures.
Absolutely. SSP covers all forms of illness, including mental health conditions such as depression, anxiety, stress, and other psychological conditions. There is no distinction in SSP law between physical and mental illness. If you are too unwell to work because of a mental health condition, you are entitled to SSP in the same way as for any physical illness.
Your GP can issue a fit note for mental health conditions, and many do so regularly. If you feel uncomfortable discussing mental health with your employer, remember that you are not obliged to disclose the specific details of your condition — a fit note stating you are not fit for work is sufficient.
If you have a recurring or chronic condition that causes repeated periods of absence, the "linking" rules become important. Two periods of sickness that are separated by eight weeks (56 days) or fewer are linked together and treated as a single period of entitlement. This means you do not have to serve waiting days again, but it also means the 28-week maximum SSP period runs continuously across both absences.
If there is a gap of more than eight weeks between absences, a new period of entitlement begins with fresh waiting days and a new 28-week limit. For employees with chronic conditions, this can mean alternating between periods of SSP and periods of normal work.
No. You continue to accrue statutory holiday entitlement while you are off sick, regardless of how long your absence lasts. This is established in UK and EU case law. If you are unable to take your holiday during the leave year because of sickness, you may be able to carry it over to the following year.
You can also request to take annual leave during a period of sickness, which means you would receive your normal holiday pay instead of SSP for those days. This can be beneficial if your holiday pay is higher than SSP. However, your employer cannot force you to take holiday while you are off sick, and you are not required to use holiday to cover sickness absence.
Yes. If you have more than one job, you may be entitled to SSP from each employer separately, provided you meet the qualifying conditions for each role. Each employment is treated independently, so you could receive SSP from two or more employers at the same time.
The earnings threshold is assessed separately for each job. You need to earn at least the Lower Earnings Limit in each employment to qualify for SSP from that employer. If you earn below the threshold in one job but above it in another, you would only receive SSP from the employer where you meet the threshold.
No. Self-employed individuals are not entitled to Statutory Sick Pay because SSP is an employer obligation and, by definition, self-employed people do not have an employer. However, if you are self-employed and unable to work due to illness, you may be able to claim:
It is worth noting that some individuals who consider themselves self-employed may actually be classed as employees or workers for legal purposes, particularly if they work for a single organisation under its direction. In such cases, they may have SSP rights even if they are not formally employed.
A phased return typically involves working reduced hours or lighter duties for a period after illness. During a phased return, your SSP situation depends on whether you are considered fit or unfit for work on each day.
If your fit note states you "may be fit for work" with certain conditions and your employer can accommodate those conditions, you are considered to be at work on the days you attend, and SSP does not apply for those days. Instead, you should receive your normal pay (or a proportion of it) for the hours you work.
There is no legal requirement for your employer to pay you full pay during a phased return if you are working reduced hours, unless your contract states otherwise. However, many employers do maintain full pay during phased returns as a matter of good practice, and it is worth discussing this with your employer or HR department before your return.
An occupational health referral is when your employer asks you to attend an assessment with an occupational health professional. This is common during long-term sickness absence or when an employer needs expert advice on how to support your return to work.
The occupational health report typically covers the nature of your condition (in general terms), the expected duration of your absence, any adjustments that might help you return, and whether you are likely to be covered by the Equality Act 2010. Your employer will usually share the referral questions with you in advance, and you have the right to see the report before it is sent to your employer.
Refusing an occupational health referral without good reason may affect your employer's ability to support you and could, in some circumstances, count against you in absence management procedures. However, you do have the right to refuse, and your employer should explain why the referral would be helpful.
If you believe your fit note does not accurately reflect your condition — for example, if your doctor has said you "may be fit for work" but you feel you are not — you have several options:
It is worth remembering that fit notes are advisory rather than legally binding on your employer, but they carry significant weight and should be taken seriously by all parties.
Yes, your employer can and should maintain reasonable contact with you during sickness absence. This is considered good practice and is recommended by ACAS. The purpose of contact should be to check on your welfare, keep you updated on workplace developments, and plan for your return.
However, the contact should be reasonable and not amount to harassment or pressure to return before you are ready. If you feel your employer is contacting you excessively or putting undue pressure on you, you can raise this as a concern, either directly with them or through your trade union representative or HR department. ACAS guidance suggests agreeing at the start of an absence on how often and by what means contact will be made.