By law, employers must pay statutory sick pay (SSP) to employees and workers when they meet the eligibility criteria.
Eligibility criteria
An employee or worker is eligible for statutory sick pay if they:
- have been off sick for at least 4 days in a row – this includes non-working days
- earn on average at least £125 a week, before tax
- have told their employer they're sick within any deadline the employer has set or within 7 days
If an employee is eligible, they are entitled to statutory sick pay for the days they would have worked, except for the first 3. These 3 days are called 'waiting days'.
Agency, casual and zero-hours workers are also entitled to statutory sick pay if they meet the eligibility criteria.
Fit notes
An employer might ask their employee for a fit note before they'll pay statutory sick pay.
A fit note is sometimes called a 'sick note'. It is a statement from a registered healthcare professional giving their medical opinion on a person's fitness for work.
An employee must get a fit note if they have been off sick for more than 7 calendar days.
Employers should be understanding if there's a delay getting a fit note. Employees might have difficulty getting a doctor's appointment.
Find out more about fit notes and proof of sickness
If someone's not eligible for statutory sick pay
If someone is not eligible for statutory sick pay, their employer must tell them why in writing. They can do this in either:
- an SSP1 form
- a letter or email
Find employer form SSP1: statutory sick pay on GOV.UK
Someone who is not entitled to statutory sick pay might be entitled to benefits or financial support to help with living costs.
Find out about benefits and financial support on GOV.UK
How much statutory sick pay is
Statutory sick pay is £118.75 per week. It can be paid for up to 28 weeks.
If an employee or worker is eligible, they are entitled to statutory sick pay for the days they would have worked, except for the first 3.
The days they would have worked are called 'qualifying days'. The first 3 qualifying days are called 'waiting days'.
If the employee or worker does not have a regular pattern of work, the employer should agree with them which days count as qualifying days.
Statutory sick pay is the minimum amount employers must pay. Some employers might pay more. If they do, this must be written in the contract or workplace policy.
It should also say in the contract or the organisation's policy whether the first 3 days of sickness absence are paid or unpaid.
Linked periods of sickness
If 2 or more periods of sickness absence are linked, there are only 3 waiting days in total. To be linked, the periods of sickness must:
- last 4 or more days
- be 8 weeks or less apart
If there's a problem with statutory sick pay
Contact HM Revenue and Customs (HMRC) statutory payment dispute team if you think your employer has:
- not paid you statutory sick pay when you're eligible
- paid you the wrong amount of statutory sick pay
More about statutory sick pay
You can find: