The person leaving should be paid as normal when they’re working their notice period. This includes if they’re willing to work but the employer has asked them not to.
4. When someone is off work during their statutory notice
The person leaving normally gets full pay even if they’re off during the statutory notice period. This includes if they’re:
- off sick
- on holiday
- on maternity, paternity or adoption leave
This could mean, for example, that someone getting Statutory Sick Pay before the notice period started would get full pay again (even if they’re still off sick).
Check if the employment contract includes a longer notice period. The rules around pay for any additional period will depend on the contract.
When someone does not get full pay when they're off
In some situations the person leaving is not entitled to full pay when they're off during the statutory notice period.
To work this out compare the length of the:
- Contractual notice the employer must give
- Statutory notice the employer must give
If the contractual notice period is a week (or more) longer than the statutory period, the person is not entitled to full pay.
This rule applies no matter who actually gave the notice. For example if the person leaving resigned, you still use the rule above.
If someone is not entitled to full pay, employers should pay them according to the contract or any statutory payments they’re due (for example Statutory Sick Pay if the contract doesn’t include sick pay).
Speak to an Acas adviser if someone is off work during their notice period and you’re not sure how much to pay them.