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
On 6 April 2026, the Employment Rights Act 2025 changed the eligibility criteria for statutory sick pay.
A worker is eligible for statutory sick pay if they:
- have done some work for their employer (have started work)
- 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.
For example, 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. So the employer must pay statutory sick pay for Thursday, Friday and Monday.
For sickness absences that started before 6 April 2026
The Employment Rights Act 2025 has changed the eligibility criteria for statutory sick pay. Workers no longer need to:
- earn on average at least £125 per week, before tax
- be off sick for at least 4 days in a row
These changes came into effect on 6 April 2026.
This means:
- statutory sick pay is paid from the first day of sickness absence, instead of the fourth
- the lower earnings limit has been removed – workers do not need to earn a minimum amount to be eligible
Workers must still meet all of the other criteria to be entitled to statutory sick pay.
These changes affect ongoing sickness absences that started before 6 April 2026.
An eligible worker is entitled to statutory sick pay from 6 April if this was a qualifying day. This applies even if they:
- did not complete the 3 'waiting days' by 6 April 2026
- earn less than the lower earnings limit
Qualifying days are days when someone would usually be required to work. Before the law changed, the first 3 qualifying days were called waiting days.
Some workers might not have a regular pattern of work. Their employer should agree with them which days count as qualifying days.
For example, Ash earns £110 per week. They were off sick on 4, 5 and 6 April 2026. Due to the lower earnings limit, Ash didn't receive statutory sick pay before 6 April. However, they are entitled to statutory sick pay for any qualifying days from 6 April onwards.
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.
Protection to prevent a reduction in sick pay
On 6 April 2026, the Employment Rights Act 2025 changed the rates for statutory sick pay.
A worker's sickness might have started before 6 April 2026 and continued beyond this date. In this situation, they might be transitionally protected for their continuous absence. This means their pay would not be reduced.
These arrangements could protect some workers from being paid less because of the law change.
Workers will be transitionally protected for a continuous absence if they:
- earn between £125 and £154.05 per week
- were already receiving statutory sick pay before 6 April 2026
To prevent a reduction in their pay, they will still get the flat rate of £123.25. This will continue until one of these things happens (whichever comes first):
- they return to work
- they have been receiving statutory sick pay for 28 weeks
- their employment ends
- they start receiving statutory maternity pay or maternity allowance
If they return to work and are off sick again within 8 weeks, they will get either:
- £123.25 per week
- 80% of their average weekly earnings
Workers will be entitled to whichever rate is lower for the second period of sickness.
Find out more about the changes to statutory sick pay from HMRC
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: