Sick Pay and Time Off Work for COVID-19: Your Rights in the UK
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During the height of the pandemic, the UK introduced special, temporary rules around sick pay for COVID-19, including changes to when Statutory Sick Pay became payable. Those temporary measures have since ended and COVID-19 related absence from work is now generally treated the same as absence for any other illness.
How Statutory Sick Pay works now
Statutory Sick Pay (SSP) is the minimum level of sick pay employers in the UK are legally required to provide to eligible employees. As of current rules, SSP becomes payable from the fourth consecutive day of illness, rather than from day one, a change from the temporary day-one provision that applied specifically to COVID-19 earlier in the pandemic. This means the first three days of illness, sometimes called waiting days, are generally unpaid unless your employer's own policy is more generous.
Eligibility for SSP
To be eligible for SSP, you generally need to be classed as an employee, have been too ill to work for at least four consecutive days, including non-working days and earn at least the lower earnings limit set by the government, which is reviewed periodically. If you meet these criteria, your employer is legally required to pay SSP for eligible days of absence, regardless of the specific illness involved, including COVID-19.
Employer sick pay policies
Many employers offer contractual sick pay that's more generous than the statutory minimum, sometimes covering full pay for a set period regardless of which day of illness it is. Checking your contract or staff handbook, or asking your HR department, is the best way to understand exactly what you're entitled to beyond the statutory minimum, since this varies considerably between employers.
Working from home while unwell
If you feel well enough to work but are staying home due to COVID-19 symptoms, for example to avoid passing the illness to colleagues, this is generally treated as a matter for discussion with your employer rather than automatic sick leave. Many employers are flexible about remote working in these circumstances where the role allows it, though this isn't a legal requirement in the way that SSP eligibility is.
Support for self-employed people
Self-employed people aren't eligible for Statutory Sick Pay, since it's an employer obligation. Depending on individual circumstances, self-employed people who are unable to work due to illness may be able to claim certain benefits, such as Universal Credit or Employment and Support Allowance, though eligibility criteria apply. Checking current guidance on GOV.UK or seeking independent financial advice is worthwhile for anyone in this position who's concerned about lost income due to illness.
Talking to your employer
If you're unwell with COVID-19 or any other illness, informing your employer promptly, following whatever notification process they have in place, is generally both a contractual expectation and a practical way to ensure your absence is recorded correctly for sick pay purposes. If you're unsure about your specific entitlements, HR or your line manager should be able to clarify your employer's policy.
Frequently asked questions
Do I need a doctor's note to claim sick pay for COVID-19?
Employers can generally ask for self-certification for short absences, typically up to seven days and a fit note from a GP for longer absences, the same rules that apply to any other illness.
Can I be dismissed for taking time off work with COVID-19?
Standard employment protections around illness-related absence apply to COVID-19 the same as any other illness. Employees have legal protections against unfair dismissal and specific advice should be sought from ACAS or a solicitor if you have concerns about how your absence has been handled.
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Is there still any special COVID-19 sick pay support available?
The temporary special provisions introduced during the pandemic, including day-one SSP eligibility specifically for COVID-19, have ended. Current sick pay rules apply equally to COVID-19 and any other illness.
Statutory Sick Pay amounts and duration
SSP is paid at a flat weekly rate set by the government and reviewed periodically, payable for up to 28 weeks of eligible illness. It's paid by your employer in the same way as your normal wages, through payroll, rather than claimed separately from the government. If your illness continues beyond the maximum SSP period, or if you don't qualify for SSP at all, you may need to explore other forms of support, including relevant benefits and Citizens Advice can offer free guidance on your specific options.
Long COVID and workplace rights
For employees experiencing long COVID, standard sick pay and, where applicable, disability-related workplace protections may be relevant, depending on how significantly and how long the condition affects someone's ability to work. Long COVID hasn't been automatically classed as a disability in a blanket sense, but individual cases may meet the legal definition depending on severity and duration, which can affect what reasonable adjustments an employer is expected to make. Specific advice from ACAS or a solicitor is worthwhile for anyone facing a complex, prolonged absence linked to long COVID.
Frequently asked questions
What is the current SSP weekly rate?
The SSP rate is reviewed and updated periodically by the government. Current figures are published on GOV.UK and your employer's payroll or HR team will apply the correct rate at the time of your absence.
Can I take annual leave instead of sick leave if I have COVID-19?
This is generally a matter of individual employer policy and personal preference where both options are available, though most people find sick leave more appropriate for a genuine illness rather than using paid holiday entitlement.
Self-employed workers and COVID-19
Self-employed workers aren't eligible for SSP, since it's specifically an employer-paid benefit tied to an employment relationship. Self-employed people who become unwell and unable to work may instead need to rely on savings, income protection insurance if they hold a policy, or claim relevant state benefits such as Universal Credit, depending on their individual circumstances. Citizens Advice and GOV.UK both offer guidance tailored to self-employed workers navigating a period of illness.
Talking to your employer
Most employers have a standard sickness reporting process, generally involving notifying your manager or HR as early as possible on the day you're too unwell to work, followed by a self-certification form for shorter absences and a fit note from a GP for longer ones. Being upfront with your employer about your situation, including if you develop long COVID and need a phased return, tends to lead to a smoother, more supportive process than leaving them to guess.
Getting further help
If a dispute arises with your employer over sick pay or time off related to COVID-19, ACAS offers free, impartial advice on workplace rights and can help both employees and employers understand their obligations. For anything involving a more complex situation, such as a potential unfair treatment claim, seeking advice from a solicitor or your trade union representative, if you have one, is a sensible next step before things escalate further.
A quick recap
Employees who meet the eligibility criteria can claim Statutory Sick Pay for COVID-19-related absence in the same way as for any other illness, while self-employed workers need to look at alternative support options. ACAS and Citizens Advice both offer free, practical guidance if you run into a dispute or are unsure of your rights.
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