The mechanics of taking sick leave - who to tell, when, what evidence, what your employer can and cannot do - generate more ACAS calls than almost any topic. The rules, with the pressure points marked. Reporting: what you actually must doFollow your contract’s sickness reporting procedure - typically a phone call before your start time on day one. If the contract is silent, the statutory default is simply to notify your employer within 7 days. An employer can withhold SSP for late notification only where the delay had no good cause, and cannot insist notification comes personally from you if you are genuinely unable. Evidence: the 7-day rule and fit notesA fit note saying may be fit for work with adjustments is not a demand to return: if the employer cannot accommodate the suggested adjustments, the note is treated as not fit for work. Employers cannot require a fit note for absences of 7 days or fewer, and paying for a private note for a short absence cannot be forced onto the employee. What your employer can do while you are off
What they cannot do: dock contractual sick pay without contractual basis, demand medical details beyond the fit note, contact your GP without your written consent, or treat a disability-related absence identically to ordinary sickness - the Equality Act duty of reasonable adjustments extends to absence triggers themselves. Holiday, sickness and the overlap rulesStatutory holiday continues to accrue throughout sickness absence, however long. If you are sick during booked holiday, you can convert those days back to sick leave and take the holiday later. Untaken statutory leave caused by sickness carries over for up to 18 months. These are the rules employers most often get wrong on long-term absence. Dismissal during sicknessLong-term sickness can be a fair reason for dismissal (capability), but only after a fair process: up-to-date medical evidence, consultation with you, genuine consideration of adjustments and alternative roles, and a reasonable period. Dismissing while entitlement to contractual sick pay or permanent health insurance is running is a classic unfair dismissal and disability discrimination flashpoint - take advice before resigning or accepting terms. Related guidesThis article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting. Frequently asked questionsHow many days can I self-certify for sickness?Seven calendar days, including weekends. A fit note is only required from the eighth day of absence. Can my employer contact me while I am off sick?Yes, reasonable contact is lawful and expected - checking welfare and expected return. Excessive or pressuring contact can amount to a breach of the duty of trust and confidence. Can I be dismissed while on sick leave?Yes, sickness does not block dismissal - but the employer must follow a fair capability process with medical evidence and consultation, and disability discrimination rules add further protection where they apply. Do I accrue holiday while off sick?Yes, statutory holiday accrues in full during sickness absence, and leave you could not take because of sickness carries over for up to 18 months. Can my employer refuse to accept a fit note?A fit note is evidence, not absolute proof, but an employer needs proper grounds - such as evidence you are working elsewhere - before disputing incapacity and withholding sick pay. What if I get sick on holiday?Notify your employer following the sickness procedure and the affected days convert to sick leave; the holiday can be rebooked, including into the next leave year if necessary. Sources |
Taking Sick Leave: The Rules on Reporting, Fit Notes and Your RightsThe 7-day self-certification rule, fit notes, what employers can do while you are off, and the sickness-holiday overlap most get wrong. 
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