Sick Leave During Probation UK (2026): Rights, SSP & Dismissal

Last updated: April 2026

Starting a new job is stressful enough. But getting sick during your probation period can make things feel uncertain.

Common questions include:

• Can I take sick leave during probation in the UK?
• Will I still get paid?
• Can my employer extend my probation?
• Could I lose my job?

The short answer: Yes, you can take sick leave during probation in the UK.

But how it affects your pay and job security depends on several factors.

Quick summary

• You have the right to take sick leave during probation
• SSP is now payable from day one of sickness absence (from 6 April 2026, waiting days abolished)
• The Lower Earnings Limit for SSP has been removed
• SSP is paid at 80% of average weekly earnings or £123.25 per week (whichever is lower)
• Self-certification covers the first 7 days; a fit note from a GP or other healthcare professional is required from day 8
• Your employer may extend your probation if illness prevents them from assessing your performance
• You can be dismissed during probation
• Discrimination claims under the Equality Act 2010 apply from day one, with no qualifying service period, and compensation is uncapped
• Employment tribunal time limit: 3 months less 1 day from the act you are complaining about

Can You Take Sick Leave During Probation in the UK?

Yes. Being on probation does not remove your right to take sick leave. You are a legal employee from the moment you start work, not from the day you pass probation. Your employment contract may restrict some contractual benefits (such as enhanced sick pay, private healthcare, or company bonuses) until probation is complete, but it cannot remove your statutory rights.

However, probation does create a different context in two important ways:

• Your employer uses the probation period to assess your suitability for the role, and attendance reliability is typically one of the criteria. Significant absence during probation may affect how your performance is assessed.
• Until you have 2 years’ continuous service, your employer has considerably more flexibility to dismiss you for reasons unrelated to protected characteristics, without following the full unfair dismissal process.

Understanding that distinction is key: you have the right to be sick, but you have fewer procedural protections against dismissal than longer-serving employees. The critical protections are discrimination law and the rules on automatically unfair dismissal, which both apply from day one.

Statutory Sick Pay (SSP) in the UK

SSP is the minimum legal sick pay employers must provide if you qualify.

Key facts about SSP in UK:

• SSP starts from the first day of sickness absence
• No minimum earnings requirement (Lower Earnings Limit removed)
• Paid at 80% of earnings or £123.25 per week (whichever is lower)
• Covers short absences and phased returns
• Paid for up to 28 weeks
• Transitional rules apply for ongoing sickness cases

Read our detailed guide on SSP changes 2026 UK.

Does Probation Affect SSP?

There is NO minimum service requirement for SSP in the UK.

That means:

• You can qualify for SSP even during your probation period
• As long as you meet eligibility criteria

However:

• Some employers offer enhanced company sick pay, but this may not apply during probation
• Always check your employment contract or handbook

Self-Certification & Fit Notes (UK Rules)

First 7 days of sickness:

• You can self-certify (no doctor needed)

According to official guidance by GOV.UK, you don’t need a fit note if you are off sick for 7 calendar days or less (including weekends and bank holidays), because you can self-certify your leave for this time.

After 7 days:

• You’ll need a fit note from a GP or healthcare professional

What Pay Can You Get If You’re Sick During Probation?

You may receive:

1. Statutory Sick Pay (SSP)

• If you meet eligibility criteria
• Paid by your employer

2. Company Sick Pay (if offered)

• Some employers provide more generous schemes
• Often restricted or reduced during probation

3. Benefits (if not eligible for SSP)

If you don’t qualify for SSP:

• You may be able to claim Universal Credit (Learn more about fit note and Universal Credit UK)

• Or Employment and Support Allowance (ESA) depending on your situation

Can Your Employer Extend Probation Because of Sickness?

Yes, and this is common practice. The purpose of a probation period is to give the employer sufficient time to assess your performance, attendance, conduct, and suitability for the role. If a significant period of sickness has prevented that assessment from taking place, it is generally reasonable for the employer to extend the probation period.

• Employers may extend probation if they haven’t had enough time to assess your performance
• This often happens if you’ve had significant absence due to illness

 In practice:

• Short illness → usually no impact
• Longer absence → probation may be extended

This should be:

• Clearly communicated
• Applied fairly and consistently

Can You Be Dismissed for Being Sick During Probation?

Employees usually need 2 years’ service to claim unfair dismissal.

During probation, employers have more flexibility—but important protections still apply.

You cannot be dismissed for:

• A disability under the Equality Act 2010
• Discrimination (e.g. pregnancy-related illness)

If your illness qualifies as a disability, your employer must consider reasonable adjustments.

If you’re unsure whether your employer has acted fairly, you can contact the ACAS helpline for free, confidential advice on your rights.

What to Do If You Get Sick During Probation (Step-by-Step)

If you become unwell:

• Follow company absence policy

• No GP required

• From your GP or NHS service

Read our full guide on how to get a fit note online in the UK.

• Understand SSP vs company sick pay

• Emails, notes, certificates

• Will it be extended? Confirm in writing

Common Mistakes to Avoid

• Not reporting sickness correctly
• Not getting a fit note after 7 days
• Assuming company sick pay applies during probation

Quick Summary

• You can take sick leave during probation in the UK
• SSP is available from day one (if eligible)
• First 7 days = self-certification
• Employers may extend probation
• Dismissal is possible—but not unlawful

Key Takeaway

Getting sick during probation can feel risky—but understanding your rights makes a big difference.

In the UK, the system is actually more flexible than many expect:

• You still have access to SSP
• You’re protected against discrimination
• And in most cases, a short illness won’t derail your job

The key is simple:

Communicate early, follow policy, and keep records.