Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Sickness absence definition

What does Sickness absence mean? Sickness absence describes any period when an employee does not attend work because of illness or injury. The expression is used in employment contracts, policies and tribunal practice; it is not given a single statutory definition, but the legal framework regulates pay, evidence and management. In England & Wales and Scotland, employees may qualify for Statutory Sick Pay (SSP) and any contractual (occupational) sick pay; self-certification normally covers the first 7 calendar days, followed by a fit note. Employers must manage short- and long-term sickness absence fairly, consider reasonable adjustments under the Equality Act 2010, obtain medical evidence (including occupational health),...

SSP and contractual sick pay entitlement: eligibility, exclusions, incapacity, linked PIWs, notification, SMP interaction, and 2026 reforms (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This ‘How to’ guide outlines the matters an employer should weigh up when deciding whether a worker ought to be paid during Sickness absence and, if so, the level of pay due. It also touches on connected questions and remedies. It also considers related issues and remedies.

A worker who cannot work because of ill health may still, during their sick leave, be paid:

statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894 (see: Whether an individual is entitled to be paid SSP below), and/or
contractual (or ‘occupational’) sick pay (see: Whether an individual is entitled to be paid contractual sick pay below)

For fuller guidance on SSP and contractual sick pay, see Practice Note: Sick pay. The legislative provisions governing SSP are famously intricate. Practitioners may find it useful to consult HMRC’s Statutory Payments Manual for SSP, alongside the material below, as set out. For more detail, see the information below.

Whether an individual is entitled to be paid SSP

In summary, to qualify for SSP an individual must:

be an employee as defined and not fall within one...

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Web page updated on 21/05/2026

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