Sick leave

Sick leave entitlements in the United Kingdom are not prescribed by statute at a fixed minimum level. Instead, the statutory framework establishes that workers are entitled to receive statutory sick pay (SSP) when absent due to illness, but the number of days or weeks of paid leave is not mandated by law. Employers may choose to offer contractual sick leave arrangements that exceed statutory minimums, and many do so as part of competitive employment packages.

Statutory sick pay is governed by the Social Security Contributions and Benefits Act 1992 and the Statutory Sick Pay (General) Regulations 1982. These regulations set out the conditions under which SSP becomes payable, including that an employee must have been employed for at least three months and earn above the lower earnings limit. The current statutory sick pay rate is £111.35 per week (as of April 2024), payable for up to 28 weeks in any three-year period.

The absence of a mandated minimum number of sick days reflects UK employment law's approach of allowing contractual flexibility between employers and employees. However, workers retain common law rights to reasonable time off for genuine illness, and dismissal solely for taking legitimate sick leave is unlawful.

Employers and payroll teams must ensure they understand their contractual obligations to individual employees, maintain accurate SSP records, and comply with notification and evidence requirements. They should review employment contracts to confirm sick leave provisions and ensure payroll systems correctly calculate and administer SSP according to current rates and eligibility criteria.