Sick Leave in Pregnancy: Your Rights in the UK
If you're too ill to work during pregnancy, you have the right to take sick leave — and pregnancy-related illness is treated differently from ordinary sickness under UK law. Knowing your rights can help you protect both your health and your job.
Your Rights to Sick Leave
Under UK law, any absence from work caused by a pregnancy-related illness must not be counted against your standard sick leave record. This is an important protection: if your employer has a policy of dismissing or disciplining employees for poor attendance, they cannot use pregnancy-related absences as part of that calculation.
You do not have to use your annual leave to cover pregnancy illness. You are entitled to sick leave in exactly the same way as any other employee, with the added legal safeguard that your employer cannot treat pregnancy-related sickness differently or less favourably.
Your employer is also not allowed to force you to start your maternity leave early if you are off sick before 36 weeks of pregnancy. Maternity leave can only be triggered automatically if you are absent for a pregnancy-related reason in the four weeks before your due date. Before that point, sick leave remains sick leave.
Sick Pay During Pregnancy
If you cannot work because of illness during pregnancy, you may be entitled to Statutory Sick Pay (SSP). To qualify for SSP you need to earn at least the lower earnings limit (which changes each April) and have been off sick for four or more consecutive days, including non-working days. SSP is paid by your employer at a flat weekly rate.
Some employers offer contractual sick pay that is more generous than SSP — check your employment contract or staff handbook to find out what applies to you.
If you do not qualify for SSP (for example, because you are self-employed or have recently started a job), you may be able to claim Universal Credit or Employment and Support Allowance (ESA). Your local Jobcentre Plus can advise you on what you may be entitled to.
What Counts as Pregnancy-Related Illness
A wide range of conditions can qualify as pregnancy-related illness, including:
- Severe morning sickness (hyperemesis gravidarum)
- Pelvic girdle pain (symphysis pubis dysfunction)
- Pregnancy-related back pain or sciatica
- High blood pressure in pregnancy
- Pregnancy-related fatigue or anaemia
- Any other condition arising from or made worse by pregnancy
If your GP issues you a sick note, ask them to indicate that the illness is pregnancy-related. This helps ensure the absence is recorded correctly by your employer.
How to Manage Sick Leave Practically
For the first seven days of absence, you can self-certify — you do not need a GP's note. After seven days, you will need a fit note (sometimes called a sick note) from your GP or midwife. Your GP can issue this remotely in many cases, so you do not necessarily need to attend in person.
Tell your employer or HR department as early as possible that you are unwell. It is a good idea to keep a record of any absence related to pregnancy so that it is clearly documented if any dispute arises later.
If your employer is treating your pregnancy-related sick leave unfairly — for example, by including it in attendance review meetings or using it as a reason to pass you over for promotion — this may constitute pregnancy discrimination under the Equality Act 2010. You can seek free advice from ACAS or Citizens Advice.
When to Seek Help
If you are regularly too unwell to work and your sick leave is becoming a financial concern, speak to your midwife or GP. They can:
- Provide ongoing fit notes
- Refer you to an occupational health team if your employer has one
- Discuss whether any pregnancy-related support payments may apply to you
- Advise on adjustments to your working conditions that might allow you to stay in work
Call your midwife or maternity unit (or 111 out of hours) if you develop symptoms beyond ordinary pregnancy illness — such as severe or persistent vomiting, chest pain, difficulty breathing, or signs of pre-eclampsia (sudden swelling, severe headache, visual disturbance).
Frequently Asked Questions
Can pregnancy sickness count as sick leave?
Yes. If morning sickness or any pregnancy-related illness prevents you from working, you can take sick leave. Your employer should not penalise you for pregnancy-related absence. Importantly, these absences should be recorded separately from your standard sickness record and cannot be used against you in attendance reviews or disciplinary proceedings.
Can my employer start my maternity leave if I'm off sick?
Only if you are off sick in the last four weeks before your due date. Before 36 weeks of pregnancy, you can take sick leave without it triggering maternity leave. After that point, if you are off with a pregnancy-related illness, your employer is entitled to bring forward the start of your maternity leave — so it is worth being aware of this as your due date approaches.
What if my employer treats my sick leave unfairly?
Treating an employee less favourably because of pregnancy-related absence is pregnancy discrimination under the Equality Act 2010. If this happens to you, document everything in writing and seek advice from ACAS (acas.org.uk) or Citizens Advice as soon as possible. You do not need to resolve it alone.
Always speak to your midwife or GP for advice specific to your situation — they can help you understand what support is available and ensure you have the documentation you need.