If you're serving a notice period and fall ill, the stress can feel doubled. You're already dealing with the emotional weight of leaving a job , whether you resigned or were dismissed , and now your body has picked the worst possible moment to give up. The good news: UK sick leave during notice period rules are clearer than most people think , and in almost every case, you're still entitled to some form of pay. This guide walks through what you're owed, how sick pay during notice period UK law works, and what to do if your employer pushes back.
What Is a Notice Period
A notice period is the length of time you must keep working (or be paid for) between telling your employer you're leaving, or being told you're being let go, and your actual last day. It applies whether you resign, are made redundant, or are dismissed for reasons other than gross misconduct.
Your notice period comes from two possible sources:
- Statutory notice period , the legal minimum set out in the Employment Rights Act 1996. This is at least one week if you've worked for your employer between one month and two years, rising by one week for each full year of service after that, up to a maximum of 12 weeks.
- Contractual notice period , whatever is written in your employment contract, which can be longer than the statutory minimum (but never shorter).
Whichever is longer usually applies. Some contracts also distinguish between working notice , where you continue attending work as normal, and garden leave , where you're paid but told to stay away from the workplace during that time.
Checking the Notice Period
Before you worry about sick pay, check what your notice period requires. Pull out your written statement of employment or contract and look for a clause headed "Notice" or "Termination." This should tell you:
- How much notice you owe your employer, or they owe you
- Whether the company offers improved (contractual) sick pay on top of the statutory minimum
- Whether there's a payment in lieu of notice (PILON) clause
- Any rules about how sickness absence should be reported
If you can't find a written contract, ask HR for a copy , you're legally entitled to one. If your employer has no formal sick pay policy, statutory sick pay (SSP) still applies as a legal floor, provided you meet the eligibility criteria. This single check often resolves most confusion before it starts, because your contract almost always overrides the general rules you'll read online.
Notice Pay When the Employee Is Working
If you're still turning up to work , or on garden leave , during your notice period and you haven't been off sick, you're simply entitled to your normal pay and normal contractual benefits. This includes your usual salary, any regular commission or shift allowances that count as part of your average pay, and continued accrual of holiday. Notice pay is calculated using your average weekly earnings , which matters if your income varies week to week (common for shift workers, retail staff, or anyone on zero-hours-style contracts). Employers should base this on a 12-week reference period of your actual earnings, not just your basic salary, if your pay fluctuates.
If your employer chooses to end your employment early using PILON, they must pay you what you would have earned for the rest of your notice period , this is where sick leave and PILON can interact in a way many people don't expect. More on that below.
Sick Leave During Notice Period: What Must Employers Pay
Yes , you are generally entitled to be paid while off sick during your notice period, in the UK. What changes is how much, and that depends entirely on your contract and your SSP eligibility.
Statutory Sick Pay (SSP)
SSP is the legal minimum most employees are entitled to when off sick, including during a notice period. To qualify:
- You must be classed as an employee and have done some work for your employer
- You must earn at least the Lower Earnings Limit (check current figures on GOV.UK, as rates change annually)
- You must be sick for at least four consecutive days, including non-working days
- You need to notify your employer within their required timeframe (or seven days if no policy is stated)
SSP is paid for up to 28 weeks and is taxable. It won't fully replace your normal salary, so always check whether something better applies to you.
Contractual (Occupational) Sick Pay
Many employers offer improved or occupational sick pay that's more generous than SSP , sometimes full pay for a set number of weeks depending on length of service. If your contract includes this, it should continue to apply during your notice period as it would at any other time, unless your contract specifically states otherwise.
How This Interacts With PILON
This is where things get genuinely confusing, and it's an area most guidance online skips over. If your employer decides to give you a payment in lieu of notice instead of having you work or remain off sick through your notice period, you are typically paid your normal basic pay for the notice period , not SSP or sick pay rates, because your employment effectively ends immediately and the notice period is "paid out" rather than worked or served sick. Once PILON is triggered correctly under a valid contractual clause, ongoing sickness absence usually becomes irrelevant to your final pay, because you're no longer actively employed and accruing sick pay day by day. If your contract has no PILON clause and your employer still ends things early, this may count as a breach of contract, and you could be owed damages equivalent to full pay (not just SSP) for the remaining notice period, sickness included.
If you're unsure which applies to your situation, this is worth raising directly with HR in writing, so you have a clear record of what's being applied and why.
What Happens If You Call In Sick During Your Notice Period
Calling in sick during resignation notice, or right after being handed dismissal notice, is completely valid , but it's worth understanding both the practical certification process and how it might be perceived, because both affect your pay and your working relationship until the end date.
Self-Certification vs Fit Note: The Notice Period Timeline
For the first seven calendar days of sickness absence, you can self-certify , no doctor's note is needed, just informing your employer as per their policy. This applies during a notice period as it would normally.
If your notice period is short (say, one or two weeks) and you're sick for more than seven days, you'll need a fit note (formerly called a sick note) from a GP or another authorised source to cover you through to your leaving date. This is the exact point where many employees get stuck: your notice period might end before you can get a same-week GP appointment, leaving a gap in your sickness certification right when it matters most for your final pay and records.
This is a genuinely common problem with short notice periods, and it's one reason services offering a fast, licensed medical certificate online , without needing to physically visit a GP , have become useful for people in this exact situation. Getting proper documentation quickly protects both your sick pay entitlement and your employment record.
Employer Suspicion of "Convenient" Sick Leave
Here's something rarely addressed directly: employers sometimes view sickness absence that starts right after a resignation or dismissal with a degree of suspicion, particularly if there's a pattern of late Friday call-ins or if the timing coincides suspiciously with garden leave being refused. This doesn't mean your sick leave is automatically doubted or invalid , genuine illness is genuine illness, full stop, and you have the same rights regardless of when it occurs.
However, to protect yourself:
- Report your sickness through the proper channel, promptly, as your policy requires
- Get a fit note as soon as it's needed rather than waiting
- Keep written records of all communication with your employer during this period
- Avoid informal chats that could be misremembered , email is your friend here
If your employer suggests your sickness is fabricated without evidence, that's a serious allegation on their part, and you're entitled to push back and ask them to put any concerns in writing.
Resolving a Dispute Over Sick Pay in Your Notice Period
If you believe you're being underpaid or unfairly treated, follow this sequence rather than escalating straight to conflict:
- Check your contract for the exact sick pay and notice clauses that apply to you
- Raise it with HR or your manager in writing, referencing the specific clause and what you believe you're owed
- Contact Acas for free, impartial advice if the internal conversation doesn't resolve things , they can also help with early conciliation if a dispute is heading toward formal action
- Consider an employment tribunal claim as a last resort, usually within three months less one day of the issue arising, for unpaid wages or unlawful deductions
Most disputes are resolved at step one or two once both sides look at the actual contract wording rather than assumptions.
Your Next Steps If You're Off Sick During Notice
Being sick during your notice period doesn't erase your rights , if anything, it's the kind of situation UK employment law was designed to protect. To recap the essentials: check your contract first, understand whether SSP or improved contractual sick pay applies to you, be aware of how PILON changes the picture if your employer pays out your notice early, and don't delay getting a fit note if your illness runs past seven days. Document everything, communicate promptly, and don't be afraid to ask HR direct questions in writing. If you need a fit note or medical certificate quickly to cover sick leave during your notice period, get a licensed, GDPR-compliant certificate online from Get Medical Certificate , no GP appointment required.