Statutory Sick Pay - telling your employer you are sick and providing evidence

Before your employer can decide on your entitlement to Statutory Sick Pay (SSP), you must tell them that you are sick. You will also have to provide your employer with some form of evidence that you are sick.

Letting your employer know you are sick

Your employer may have their own rules about when and how you tell them you are sick and should tell you what these are. Please check with your employer if you do not know.

If your employer does not have their own rules, you should tell your employer within seven days of the first day that you are sick. However your employer cannot insist that you tell them:

in person
earlier than the first qualifying day or by a set time
on a special form
on a doctor’s statement of fitness for work (fit note), which was previously called a medical certificate or sick note
more than once a week during your sickness

Fit note

The 'fit note' replaced the doctor's sick note on 6 April 2010. With your employer's support, the note may help you return to work sooner by providing more information about the effects of your illness or injury.

Information about the new fit note

Delays in telling your employer that you are sick

You employer does not have to pay you Statutory Sick Pay (SSP) for any delay in telling them that you are sick. They will pay from the date that they were told as long as you are still sick and the rules for payment are satisfied. However, you may have to serve 'waiting days' before payment.

Please read 'SSP - eligibility and what days you will be paid for' for more information.

Statutory Sick Pay - eligibility and what days you will be paid for

Evidence that you are sick

It is up to your employer to decide whether you are incapable of work for payment of SSP.

Your employer cannot ask you to provide evidence that your are sick for the first seven days of illness. During this period they may ask you to fill in a self-certificate of their own design or form SC2. You can get form SC2 from your doctor's surgery, or from the HM Revenue and Customs (HMRC) website.

If you are sick for more than seven days, your employer can ask you to give them some medical evidence from your doctor. This is used to support payment of SSP.

Medical evidence

A ‘fit note’ from your doctor that says you ‘are not fit for work’ is strong evidence that you are sick. This would normally be accepted, unless there is evidence to prove otherwise.

You could also provide evidence from someone who is not a medical practitioner, e.g. a dentist or a physiotherapist. Your employer will decide whether or not this evidence is acceptable. If your employer has any doubts, they may still ask for a medical certificate from your doctor.

If your employer has good reason to believe that you're not sick, they can refuse to pay SSP. Your employer can refuse even if they have evidence from your doctor. To help them decide whether or not to pay SSP, with your consent your employer can get a medical report from:

your doctor
their own medical advisors
a Medical Services Provider through HM Revenue and Customs (HMRC)

May be fit for work

If your doctor gives you a fit note advising that you ‘may be fit for work’, they will also give advice. The advice will help you and your employer talk about what support can be given to help you return to work as you recover.

Your employer doesn't have to follow the advice given by your doctor. This is because they will know how and if they can make any changes to help you. If you cannot return to work then the fit note can be used as if your doctor advised you were 'not fit for work'. You do not need to return to your doctor for a new note