Sickness and absence
Occupational Sick Pay (OSP) UK: Employer Policy Guide (2026)
Occupational sick pay (also called company sick pay or contractual sick pay) is an enhanced sick pay scheme offered by an employer above the Statutory Sick Pay (SSP) minimum. A clear UK policy defines who qualifies, how many days or weeks of full or half pay apply in a rolling 12-month window, that full pay is inclusive of SSP, and how the transition to SSP works when company sick pay runs out.
- Employer scheme above the statutory SSP floor
- Contractual top-up
- Full pay normally tops up SSP rather than adding SSP on top
- Inclusive of SSP
- Most common window for tracking used company sick pay
- Rolling 12 months
Guidance for England, Scotland and Wales. Northern Ireland employment rules can differ.
What is occupational sick pay (OSP) and how does it interact with SSP?
Occupational sick pay (OSP), often called company sick pay or contractual sick pay, is any sick pay scheme an employer chooses to provide that is more generous than Statutory Sick Pay (SSP). There is no legal requirement to offer occupational sick pay, though once an enhanced scheme is written into an employment contract without reservation, it becomes a contractual right.
Whenever an employee is off sick, SSP remains the legal floor. From 6 April 2026, SSP is payable from day one of a qualifying sickness absence at 80% of average weekly earnings capped at £123.25 per week (for up to 28 weeks), with no Lower Earnings Limit. Occupational sick pay sits on top of that statutory baseline by topping the employee's pay up to 100% (full pay) or 50% (half pay) for a defined number of days or weeks.
Your policy wording should always state explicitly that occupational full pay is 'inclusive of any Statutory Sick Pay due'. Without that phrase, an employee can argue they are entitled to 100% of basic salary plus £123.25/week SSP on top. For half-pay tiers, state clearly whether the employee receives 50% of normal salary plus SSP (capped at 100% of normal pay) or 50% inclusive of SSP (never less than the statutory SSP rate).
| Feature | Statutory Sick Pay (SSP) | Occupational / Company Sick Pay (OSP) |
|---|---|---|
| Legal basis | Statutory right for all eligible employees under UK legislation | Employer policy or employment contract (optional to offer, binding if contractual) |
| Qualifying service | From day 1 of employment (once work has started under the contract) | Set by employer (commonly after passing a 3- or 6-month probation period) |
| When payment starts | First full qualifying working day of sickness (from 6 April 2026; waiting days abolished) | Set by employer (usually day 1 of sickness, or after a defined number of spells) |
| Rate of pay | 80% of average weekly earnings capped at £123.25/week (2026/27) | Set by employer (e.g. 5 to 20 days at 100% full pay, optional half-pay tier) |
| Maximum duration | Up to 28 weeks per sickness spell or linked series (gaps of 8 weeks or less) | Set by employer (commonly tracked across a rolling 12-month look-back window) |
Source: GOV.UK: Statutory Sick Pay employer guide · GOV.UK: when SSP is payable
Designing a clear company sick pay structure for SMEs and schools
When designing an occupational sick pay scheme, the most important decision after the number of paid days is the measurement window. Using a fixed calendar year or leave year creates a cliff-edge: an employee who exhausts their company sick pay in December immediately gets a brand-new full allowance on 1 January during the same illness. Instead, most UK employers measure company sick pay over a rolling 12-month period looking back from each day of absence.
Many organisations also scale company sick pay with length of service, or align with sector frameworks (such as the Burgundy Book for teachers and the Green Book for school support staff). Keep the tiers simple enough that both your payroll provider and the employee can check the remaining balance at a glance.
Include clear conditions for receiving enhanced company sick pay: timely notification on the first day of absence, cooperation with return-to-work conversations, and providing fit notes promptly after 7 calendar days. While you cannot withhold statutory SSP for minor procedural breaches, your policy can state that enhanced occupational top-ups require compliance with the reporting procedure.
- Probation rule: e.g. SSP only during the first 3 or 6 months of service, then company sick pay once probation is passed.
- Service-based tiers: e.g. 5 working days full pay in year 1, rising to 10 working days in years 2 to 3, and 20 working days after 3+ years.
- Rolling 12-month look-back: any paid company sick days taken in the 365 days immediately preceding the current sick day are deducted from the allowance.
- Part-time pro-rata rule: express multi-week allowances in working weeks (or pro-rata working days) so a 3-day-a-week colleague receives the same number of working weeks of cover as a 5-day colleague.
Source: GOV.UK: Statutory Sick Pay employer guide · GOV.UK: written statements of employment particulars
Managing the transition from OSP to SSP and issuing form SSP1
When an employee's occupational full-pay or half-pay allowance runs out during a longer illness, sick pay does not automatically drop to zero. Because SSP runs for up to 28 weeks (and any days where SSP was offset inside occupational sick pay count towards those 28 weeks), the employee normally steps down from occupational pay to statutory SSP for the remainder of their 28-week statutory entitlement.
Communicate pay step-downs before the payroll cut-off date so an employee recovering from illness is never surprised by a sudden drop on their payslip. If their sickness absence is approaching the end of the 28-week SSP maximum (or if they do not qualify for SSP), you must send them form SSP1 on or before the beginning of the 23rd week (or within 7 days of SSP ending if it ends unexpectedly) so they can claim Universal Credit or New Style Employment and Support Allowance (ESA).
Throughout any extended absence, apply your policy consistently and check whether the underlying condition amounts to a disability under the Equality Act 2010. Before reducing pay or taking formal capability steps, consider whether reasonable adjustments (such as a phased return or adjusted duties) would enable the employee to return to work.
Source: GOV.UK: when SSP is payable · GOV.UK: SSP eligibility and form SSP1 · Acas: reasonable adjustments at work
In practice
Worked example: Rolling 12-month company sick pay and step-down to SSP
An engineering firm offers 10 working days (2 weeks) of occupational full pay (inclusive of SSP) in any rolling 12-month period for staff who have completed their 3-month probation, followed by statutory SSP.
Marcus (earning £650/week gross, £130/day) took 3 working days of paid sick leave in November 2025. In June 2026, he has surgery and is signed off for 3 weeks (15 working days). Looking back 12 months from June 2026, Marcus has 7 working days of occupational full pay remaining (10 minus 3). For his first 7 working days off in June, payroll pays his normal £130/day salary (which includes his statutory SSP). For the remaining 8 working days of his absence, his company allowance is exhausted, so he receives statutory SSP (£123.25/week, or £24.65 per qualifying day on a 5-day pattern).
Common questions
Is occupational sick pay mandatory in the UK?
No. UK employers are only legally required to pay Statutory Sick Pay (SSP) to eligible employees. Occupational sick pay (company sick pay) is an optional enhanced benefit, though once promised as a contractual term in the employment contract, the employer is legally bound to honour it.
Does occupational full pay include Statutory Sick Pay (SSP) or is SSP paid on top?
In almost all UK schemes, occupational full pay is inclusive of SSP, meaning the employer tops up the employee's statutory SSP to 100% of their normal salary rather than paying 100% salary plus SSP on top. Always state 'inclusive of SSP' explicitly in your policy and contract.
How does a rolling 12-month sick pay year work?
Under a rolling 12-month scheme, whenever an employee is off sick, you count how many days of company sick pay they have already used in the 365 days immediately before that sick day. Any unused balance is paid at the company rate, preventing the allowance from artificially resetting on 1 January.
How does half-pay occupational sick pay interact with SSP?
An employee can never be paid less than their statutory SSP entitlement for a qualifying sick day. If a policy provides a period of half pay (50% of salary), the employer usually pays either 50% of normal salary plus SSP (capped at 100% of normal pay) or 50% inclusive of SSP (provided 50% is higher than the daily SSP rate), depending on how the scheme is worded.
Do part-time employees get occupational sick pay?
Yes. Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part-time staff must receive a pro-rata company sick pay allowance on the same terms as comparable full-time staff. For example, if full-time staff working 5 days a week receive 10 days (2 weeks) of full pay, a 3-day-a-week colleague receives 6 days (2 of their working weeks).
Can an employer withhold company sick pay if an employee does not follow the reporting rules?
Yes, if the written policy states that enhanced occupational sick pay is conditional on following the notification and certification rules (and the employee had no reasonable excuse). However, you must still pay Statutory Sick Pay (SSP) if the statutory notice rules are met.
What happens when an employee runs out of occupational sick pay?
When an employee exhausts their occupational full-pay and half-pay allowance, they step down to Statutory Sick Pay (SSP) for the remainder of their 28-week SSP entitlement. Once the 28-week SSP limit is reached (or by week 23 of a long-term absence), the employer must issue form SSP1.
Your next steps
- State clearly in contracts and policies whether occupational sick pay is contractual or discretionary, and that full pay is inclusive of SSP.
- Use a rolling 12-month look-back window rather than a fixed calendar year to prevent back-to-back allowance resets.
- Pro-rate day-based company sick pay allowances fairly for part-time working patterns.
- Track SSP weeks alongside occupational sick pay and issue form SSP1 promptly when an absence approaches 28 weeks.
- Notify employees in writing before they step down from full pay to half pay or statutory SSP.
Sources and review
Reviewed against the official guidance below on 18 October 2026. Rates and employment rules can change; use the linked guidance for a decision about an individual case.
- GOV.UK: Statutory Sick Pay employer guide
- GOV.UK: when SSP is payable
- GOV.UK: SSP eligibility and form SSP1
- GOV.UK: written statements of employment particulars
- Acas: reasonable adjustments at work
Contains public sector information licensed under the Open Government Licence v3.0. Crown copyright. This is Leavely's independently written guide.
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