Sick Notes During Probation: Your UK Rights and Pay Explained

Falling ill while you're still on probation is stressful enough without worrying about your pay packet or your job. The good news is that sick notes during probation and your UK rights and pay are far better protected than most new employees realise. Whether you've been in your role for two weeks or two months, UK law gives you clear entitlements around sick leave, statutory pay, and job protection , and understanding them now can save you a lot of anxiety later.

This guide walks through where you stand on sick leave during probation UK, how to get a valid sick note, and what your employer can and cannot do if you're off sick while still proving yourself in a new job.

Can You Take Sick Leave During Probation?

Yes. There is no UK law that says you must complete a probationary period before you're allowed to be sick. Probation is a contractual arrangement between you and your employer , usually lasting three to six months , used to assess your suitability for the role. It does not switch off your basic employment rights.

From your very first day of employment, you have the right to take time off when you're genuinely unwell. What changes during probation isn't your right to be sick , it's how your employer might interpret frequent or long absences when deciding whether to confirm you in the role. We'll cover that job security angle shortly, but first, let's settle the question most people search for: will you actually get paid?

Statutory Sick Pay (SSP) Eligibility During Probation

Statutory Sick Pay, or SSP, is the minimum amount employers must pay eligible employees who are off sick. Probation has no bearing on whether you qualify , SSP eligibility is based on your earnings and employment status, not your length of service or probation status.

To qualify for SSP, you must:

• Be classed as an employee and have done some work under your contract
• Earn at least £123 per week on average (the Lower Earnings Limit, correct for 2024/25)
• Have been sick for four or more consecutive days, including non-working days (known as a "period of incapacity for work")
• Have notified your employer within their required timeframe, or within seven days if no policy is specified

If you tick these boxes, your employer must pay SSP regardless of whether you started the job last week or last year. There is no minimum length of service requirement for statutory sick pay , this is a "day one" right under UK employment law.

SSP Rate 2024/25

The current SSP rate is £116.75 per week, paid for up to 28 weeks. It's paid for "qualifying days" , the days you'd normally work , and the first three qualifying days are unpaid "waiting days" unless you've received SSP within the last eight weeks for a linked condition.

Statutory vs Contractual Sick Pay: Know the Difference

This is where many new employees get caught out, and it's a distinction almost no other guide explains clearly. There are two separate types of sick pay in the UK, and probation affects them very differently.

Statutory Sick Pay (SSP) is the legal minimum, set by the government, and available to eligible employees from day one , probation makes no difference here at all.

Contractual (or occupational) sick pay is anything extra your employer chooses to offer on top of SSP , often your full salary for a set number of weeks. This is not a legal requirement; it's a workplace benefit, and employers are entirely free to restrict it during probation. Many companies specify in their sickness absence policy that improved sick pay only kicks in after probation is successfully completed, meaning a new employee off sick might receive SSP only, while a confirmed colleague doing the same job gets full pay.

The only way to know what applies to you is to check your employment contract or staff handbook. Look specifically for a section on "sick pay" or "occupational sick pay" and see whether it mentions probationary periods or length of service conditions.

Can You Be Dismissed on Probation for Being Sick?

This is usually the real worry behind the question, so let's be direct about it. Technically, yes , employers have much wider scope to dismiss staff during probation because employees typically need two years of continuous employment before they can claim ordinary unfair dismissal. This means a probationary employee doesn't have the same protection against dismissal as someone who's been in post for years.

However, this doesn't mean sickness alone is a free pass to dismissal, and there are important limits:

• Your employer must still follow their own contractual notice period during probation, even if they decide not to continue your employment
• Dismissal cannot be for an "automatically unfair" reason , for example, pregnancy-related illness
• If your illness relates to a disability under the Equality Act 2010 , disability discrimination protections apply regardless of how long you've worked there

Disability Discrimination Protections Apply From Day One

This is a critical point that gets overlooked everywhere else. Unlike unfair dismissal claims, protection from disability discrimination does not require any minimum length of service. If your sickness absence is connected to a condition that meets the legal definition of a disability (large, long-term, adverse effect on daily activities), your employer has a legal duty to make reasonable adjustments and cannot dismiss you because of disability-related absence without risking a discrimination claim , probation or not.

If you believe this applies to you, it's worth mentioning your condition to HR in writing and asking what reasonable adjustments might help, as this creates a clear record of the employer's awareness and obligations.

How to Notify Your Employer You're Sick

Most job security worries during probation come down to poor communication, not the illness itself. Employers tend to react far more negatively to silence than to genuine sickness. Follow these steps to protect yourself:

1. Check your contract or handbook for the specific notification process , who to contact, by when, and how (phone call vs email)
2. Tell your manager as early as possible , ideally before your normal start time, even if it's just a brief message
3. Give a realistic indication of how long you expect to be off, updating them if this changes
4. Self-certify for the first 7 days , no doctor's note is needed for short absences
5. Get a fit note if you're off longer than 7 days , including weekends
6. Attend any return to work interview your employer holds , this is standard practice, not a sign of trouble

Self-Certification vs Fit Notes: What You Actually Need

For the first seven calendar days of sickness (including weekends), you don't need any formal paperwork. You simply self-certify , tell your employer you've been unwell, and most companies will ask you to complete a short self-certification form on your return. There's no GP visit required at this stage.

Once your absence passes seven days, you'll need a fit note (formerly called a "sick note") to confirm you're not fit for work, or fit for work with adjustments. This typically comes from a GP, but GP appointment waiting times can stretch to two or three weeks in many parts of the UK , a real problem when your employer needs documentation urgently, especially during a probationary period when you're keen to appear reliable.

How to Get a Sick Note Fast

If you can't get a timely GP appointment, you don't have to wait anxiously while your employer chases paperwork. Online sick note services, including Get Medical Certificate, provide GDPR-compliant fit notes issued by UK-registered clinicians after a short assessment, often within minutes rather than weeks. This can be particularly reassuring during probation, when demonstrating that you're managing the situation responsibly matters.

Extending Probation Due to Illness

Some employers choose to extend a probationary period if an employee has had notable sickness absence, rather than making a final decision without enough working days to assess performance fairly. This is usually written into the employment contract as an option, not an automatic outcome. An extension isn't necessarily bad news , it often means your employer wants more time to see your normal work pattern rather than judging you on a period disrupted by illness. Ask HR directly if you're unsure why your probation has been extended; transparency here is standard good practice under Acas guidance.

Frequently Asked Questions

Do you get sick pay during your probation period?

Yes, you're entitled to Statutory Sick Pay during probation if you meet the earnings and absence criteria. Improved contractual sick pay depends on your individual employment contract.

Can my employer refuse to pay me if I'm sick during probation?

They cannot refuse SSP if you're eligible, but they can lawfully withhold contractual sick pay during probation if your contract specifies this.

Do I need a sick note for a short illness during probation?

No. For absences of seven days or less, self-certification is sufficient , no GP fit note is required.

Can I be fired during probation for being off sick?

It's legally possible since unfair dismissal protection usually requires two years' service, but dismissal cannot relate to disability, pregnancy, or other automatically unfair grounds.

What counts as continuous employment for sick pay purposes?

Continuous employment generally refers to your unbroken service with one employer. SSP eligibility, however, doesn't depend on length of continuous employment at all , only on earnings and the four-day absence rule.

Understanding sick leave during probation UK rules puts you back in control at a time that can otherwise feel uncertain. You're entitled to SSP from day one if eligible, protected against disability discrimination regardless of how new you are, and simply required to follow your employer's notification process honestly and promptly. Knowing your rights around sick notes during probation and your UK rights and pay means you can focus on recovering, not worrying.

If you need a fit note quickly and can't get a timely GP appointment, get a GDPR-compliant sick note online from Get Medical Certificate in minutes.