Fit note for short-term illness

Short answer

No. For a sickness absence of seven days or fewer, your employer cannot require you to produce a fit note (formerly a “sick note”) from a doctor or other healthcare professional. A fit note is only relevant where the absence lasts more than seven days in a row. What your employer can require for shorter absences is self-certification, which is your own confirmation that you were ill.

The legal and practical position

The seven-day period is counted in calendar days, so it includes non-working days such as weekends and bank holidays, not just the days you were rostered to work. A fit note can only be requested once you have been off work for more than seven days in a row.

For absences of seven days or fewer, the recognised method of evidencing sickness is self-certification. When you return to work, your employer is entitled to ask you to confirm that you were off sick and why. This is usually done by completing a self-certification form (the government form is SC2, but many employers use their own equivalent) or by email or in writing, according to whatever process your employer has set. Your employer can decide the format, but they cannot insist on medical evidence from a healthcare professional for this period.

There is a practical reason for this rule. GPs generally will not issue a fit note for a short illness, and NHS guidance encourages self-certification precisely so that people do not take up appointments simply to obtain evidence of a minor, short-lived illness.

It is worth distinguishing two things. Your employer cannot demand a doctor’s fit note for a short absence, but they can legitimately ask you to explain and confirm the absence through self-certification, and they can require you to follow their proper absence reporting and notification procedures.

Statutory Sick Pay

The same seven-day threshold applies for Statutory Sick Pay purposes. Your employer must tell you what evidence they expect and when, but for the first seven days they can only ask for self-certification, not a fit note. Importantly, an employer cannot withhold SSP simply because medical evidence is late, because delays in getting a doctor’s appointment are outside your control. SSP is payable from the fourth qualifying day of sickness once you meet the eligibility conditions.

When your employer can ask for a fit note

If your absence runs beyond seven consecutive days, your employer is then entitled to ask for a fit note. Fit notes can be issued by a range of healthcare professionals, including GPs, nurses, pharmacists, physiotherapists and occupational therapists, not only doctors. A fit note will state either that you are not fit for work or that you may be fit for work with adjustments (for example, phased return, altered hours, amended duties or workplace adaptations).

Points to check and possible exceptions

A few things could affect the detailed position in your case.

First, check your contract, staff handbook or absence policy. Your employer is entitled to set out its own sickness notification and self-certification requirements, and failing to follow a reasonable procedure (for example, not phoning in by a set time) could itself be a disciplinary issue, even though they cannot demand a fit note.

Second, if your employer is offering more than SSP, such as contractual or occupational sick pay, the contract can attach reasonable evidence conditions to that enhanced pay. Even so, requiring a doctor’s fit note for an absence of seven days or fewer is out of step with normal practice and with what a GP will realistically provide.

Third, an employer requiring an occupational health assessment or medical report is a different matter from demanding a fit note, and different rules and consents apply.

What you can do if your employer insists

1. Point them, politely and in writing, to the position that fit notes are only for absences of more than seven days and that self-certification is the correct evidence for shorter periods.

2. Offer to complete their self-certification form or provide the confirmation in whatever reasonable format they use, so that you are clearly complying with a proper process.

3. Keep a written record of the absence, your notification, and any correspondence, in case there is a later dispute about pay or conduct.

4. If your employer continues to insist or threatens to withhold pay or take disciplinary action, raise it through the grievance procedure, and you can seek guidance from Acas, whose helpline deals with exactly this kind of sickness and SSP query.

If you tell me whether this concerns SSP only or enhanced contractual sick pay, and what your absence policy says, I can be more specific about your options.