Sick Leave in the UK: Your Rights to Statutory Sick Pay (SSP)

Waking up with a pounding headache and a scratchy throat is never fun. But when you’re an expat in a new country, it comes with an extra layer of anxiety. Your first thought might not be about getting rest, but about navigating a system you don't fully understand. What are the rules? Do I still get paid? Will this affect my job or even my visa?

If you're living and working in the UK, these are perfectly normal questions. The good news is that the UK has a statutory system in place to protect you when you're too ill to work. It’s called Statutory Sick Pay, or SSP. But like any official system, it has its own set of rules, jargon, and processes.

Let's cut through the confusion. Think of this as your friendly, no-nonsense guide from one expat to another. We'll break down exactly what SSP is, who gets it, how to claim it, and what to do if you hit a bump in the road.

What’s the Difference? Statutory vs. Contractual Sick Pay

First things first, let's clear up a common point of confusion. There are two main types of sick pay in the UK, and understanding the difference is key.

1. Statutory Sick Pay (SSP): This is the government-mandated minimum. It’s the legal baseline that most employers must pay to eligible employees who are off work sick. It's not a huge amount, but it's a safety net.

2. Contractual (or Occupational) Sick Pay: This is a more generous sick pay scheme offered by an employer as part of your employment contract. It's a company benefit. Many professional jobs, especially in larger companies, will offer full or partial pay for a certain number of sick days per year.

Your employment contract is your best friend here. It should clearly state what, if any, contractual sick pay you’re entitled to. If it does, you'll receive that instead of SSP, as long as it's equal to or more than the SSP amount. If your company doesn't offer a contractual scheme, or if you've used up your contractual entitlement, you’ll fall back on SSP, provided you’re eligible.

Are You Eligible for Statutory Sick Pay in 2025? The Checklist

Not everyone automatically qualifies for SSP. The government has a specific set of criteria you must meet. Let's run through the checklist.

To be eligible for SSP, you must:

• Be classed as an employee. This includes those on fixed-term contracts and agency workers. Most expats on a Skilled Worker Visa will fall into this category. It generally doesn't cover self-employed individuals.
• Have done some work for your employer. You can't claim it if you've been hired but haven't started your first day.
• Be sick for 4 or more days in a row. This is known as a 'period of incapacity for work' (PIW). This includes non-working days like weekends and bank holidays. You are not paid for the first three of these days; SSP payments start on the fourth day.
• Earn, on average, at least £123 per week. This is the Lower Earnings Limit (LEL) for the 2024/2025 tax year. This figure is reviewed annually, so it's always good to check the latest rate on the GOV.UK website.
• Follow your employer's rules for reporting sickness. We'll cover this in detail next.

A quick note for fellow expats: Your nationality or visa status does not disqualify you from SSP. If you have the legal right to work in the UK and you meet the criteria above, you have the same right to SSP as a British citizen.

The Numbers: How Much is SSP and How Long Does It Last?

Let's get down to the practicalities. The money.

As of early 2025, the weekly rate for Statutory Sick Pay is £116.75.

This is paid by your employer in the same way, and on the same day, as your normal wages. Tax and National Insurance will be deducted as usual.

You can receive SSP for a maximum of 28 weeks for any single period of sickness. If you have recurring but separate periods of sickness, they may be 'linked' if they are 8 weeks or less apart. If this happens, the 28-week entitlement doesn't restart.

Now, for a dose of reality. Living on £116.75 a week is incredibly difficult, especially in major cities like London, Manchester, or Edinburgh where rents are high. This amount is significantly less than the National Minimum Wage. This is why it’s so important to check your contract for a more generous company sick pay scheme. SSP is designed as a basic safety net, not a replacement for your salary.

Your Step-by-Step Guide to Claiming SSP

Okay, so you’re unwell and need to take time off. What do you actually need to do? Don't worry, the process is straightforward if you follow the steps.

Step 1: Tell Your Employer You're Sick

This is the most important first step. You must notify your employer that you are unable to work. Most companies have a specific procedure for this—it might be a phone call to your line manager, an email, or a message through an HR portal.

Your contract or staff handbook should specify the deadline, but if not, the legal rule is to tell them within 7 days. Realistically, you should let them know as soon as possible on your first day of absence.

Step 2: Self-Certify for the First 7 Days

For any period of sickness lasting seven days or less (including non-working days), you don't need a doctor's note. You can "self-certify."

This usually means filling out a form provided by your employer (sometimes called form SC2, though many companies have their own version). You'll state the dates you were off and briefly describe the reason for your illness. It's a simple declaration.

Step 3: Get a Fit Note for Absences Longer Than 7 Days

If you're sick for more than seven consecutive days, you will need to provide your employer with medical evidence. This comes in the form of a "fit note" (officially, a Statement of Fitness for Work).

• Who can issue a fit note? It's not just doctors (GPs). As of 2022, fit notes can also be issued by registered nurses, occupational therapists, pharmacists, and physiotherapists. This makes it much easier to get one without having to wait for a GP appointment.
• What will the fit note say? A fit note doesn't just say you're "sick." It will state one of two things:
  1. "Not fit for work": This means you are unable to work at all for the specified period.
  2. "May be fit for work": This is a really helpful option. The healthcare professional can suggest changes to help you return to work, such as altered hours, amended duties, or workplace adaptations. Your employer should discuss these with you and make reasonable adjustments if possible. If they can't accommodate the suggestions, you should be treated as "not fit for work."

You must give the fit note to your employer to continue receiving sick pay.

Common Expat Worries and FAQs Answered

Navigating this as an expat can bring up specific concerns. Let's tackle them head-on.

"What happens if my SSP runs out or I'm not eligible?" If you're not eligible for SSP (for example, if you're self-employed or don't meet the earnings threshold) or if your 28 weeks of SSP are coming to an end, you may be able to apply for other government support. The two main options are Universal Credit or Employment and Support Allowance (ESA). These are more complex benefits, and eligibility can depend on your circumstances, so it's best to seek advice from a service like Citizens Advice.

"Will being on long-term sick leave affect my Skilled Worker Visa?" This is a valid concern. The good news is that receiving SSP itself does not impact your visa. However, lengthy absences from work can become an issue. Under the Skilled Worker route, if you are absent from work without pay for more than 4 weeks in a calendar year, your employer may need to stop sponsoring you. However, absences for sickness (paid or unpaid) are often an exception to this rule. The key is communication. Keep your employer's HR department fully informed, provide all required medical evidence, and maintain a clear paper trail. If you are concerned, seeking advice from an immigration lawyer is always the safest bet.

"My employer is refusing to pay me SSP. What can I do?" If you believe you are entitled to SSP and your employer is refusing to pay, you should first try to resolve it with them directly. Ask for a clear reason in writing. They must give you form SSP1, which explains why you are not being paid. If you can't resolve it, you can contact HM Revenue and Customs (HMRC). They have a statutory payments dispute team that can make a formal decision. You can also get free, impartial advice from Acas (Advisory, Conciliation and Arbitration Service) or Citizens Advice.

"Can I be fired for being sick?" Your rights here are protected by UK employment law. You cannot be dismissed for a short-term illness. If you have a long-term health condition, your employer has a duty to consider making "reasonable adjustments" to help you return to work. A dismissal related to long-term sickness can be deemed unfair, especially if the employer didn't follow a fair process or if your condition could be classified as a disability under the Equality Act 2010.

Your Health is Your Wealth: The Final Takeaway

Moving to a new country involves a steep learning curve, and understanding your employment rights is a massive part of feeling secure. The UK's Statutory Sick Pay system is a crucial safety net that ensures you have at least some financial support when you're unwell.

Remember these key steps:

• Know Your Contract: Check if you have a more generous company sick pay policy.
• Communicate Clearly: Always inform your employer as soon as you can when you're sick.
• Follow the Process: Self-certify for the first 7 days, and get a fit note for anything longer.
• Don't Be Afraid to Ask: If you're unsure about anything, talk to your HR department, manager, or a trusted service like Citizens Advice.

Being sick is stressful enough without adding financial and administrative worries. By understanding your rights to sick leave and SSP, you can focus on what truly matters: getting better and back to enjoying your life in the UK.