2. Statutory sick pay
By law, employers must pay statutory sick pay (SSP) to workers who meet the eligibility criteria.
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.
Eligibility criteria
A worker is eligible for statutory sick pay if they:
- have done some work for their employer
- have told their employer they're sick within any deadline the employer has set or within 7 days
- are classed as employed for tax purposes
Those classed as employed for tax purposes include anyone who has their tax paid automatically through PAYE. For example, employees and agency workers.
Workers who pay their own tax through self assessment are not eligible to receive statutory sick pay.
Check employment status for tax on GOV.UK
When statutory sick pay is paid
If a worker is eligible, they are entitled to statutory sick pay from the first day of sickness absence. Statutory sick pay is paid for the days they would have worked.
The days they would have worked are called 'qualifying days'.
If the worker does not have a regular pattern of work, the employer should agree with them which days count as qualifying days.
If there is no agreement, qualifying days will be any days the worker is required to work. A day could count as a qualifying day if the worker was required to work but off sick.
Example of qualifying days for workers with regular hours
A worker who works Monday to Friday is sick before work on Thursday. They return to work on Tuesday. As they do not work weekends, their qualifying days are Thursday, Friday and Monday.
The employer must pay statutory sick pay for Thursday, Friday and Monday.
Example of qualifying days for workers with irregular hours
A worker's contract requires them to work 3 days a week between Friday and Tuesday. They do not have a regular pattern of work, so they could work any 3 days in this period. It's agreed their qualifying days are Friday, Saturday and Sunday.
The employer must pay statutory sick pay if the worker is off sick on these days.
Example of qualifying days when there is no agreement
A worker is required to work 3 days a week between Monday and Friday. They do not have a regular working pattern, so they could work any 3 days in this period.
They have not agreed on qualifying days with their employer. The worker could be required to work any day between Monday and Friday. This means that all days in this period could count as qualifying days.
The employer must pay statutory sick pay for any days the worker is off sick between Monday and Friday.
Changes to sick pay eligibility from 6 April 2026
The eligibility criteria for statutory sick pay changed on 6 April 2026.
Workers no longer need to:
- earn on average at least £125 per week, before tax – known as the lower earnings limit
- be off sick for at least 4 days in a row – known as 'waiting days'
Workers must still meet all of the other criteria to be entitled to statutory sick pay.
How much statutory sick pay is
Statutory sick pay is either:
- £123.25 per week
- 80% of the worker's average weekly earnings
Eligible workers are entitled to whichever rate is lower. It is paid from the first full day of sickness absence, for up to 28 weeks.
Average weekly earnings are calculated based on the 8 weeks before the sickness absence. Payments are rounded up to the nearest penny.
Calculating sick pay for linked periods of sickness
Being off sick for the same reason more than once might be a 'linked period of sickness'.
In a linked period of sickness, the initial period's average weekly earnings will be used for subsequent calculations.
To be linked, the periods of sickness must be 8 weeks apart or less.
Fit notes
An employer might ask a worker 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.
A worker must get a fit note if:
- they have been sick for more than 7 calendar days
- their employer requests one
An employer should be understanding if there's a delay getting a fit note. A worker 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
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: