From Monday April 6th 2026 the laws relating to Statutory Sick Pay will change. You are now entitled to Statutory Sick Pay from the first full day of your illness, prior to this it was only paid after three days of being off work due to sickness. The lower earnings limit has also been removed meaning all those who are classed as “employees” is now entitled to Statutory Sick Pay. Most people in work are classed as “employees”. The only people not classed as “employees” are those who work for their employer on a casual basis. If you have any doubts about your employment status there is more information on this on our know your rights section.
You can calculate what you are entitled to here on the governments Statutory Sick Pay Calculator
If you need any help or have problems with your employer claiming Statutory Sick Pay please get in touch.
What is statutory sick pay
Statutory Sick Pay the minimum amount of money employers in the UK must legally pay eligible employees who are unable to work due to illness or injury. Many employers pay company sick pay which is generally much higher than Statutory Sick Pay, though this is rare in the hospitality sector. Employers cannot pay less sick pay than the statutory minimum.
How much will you get
If you’re eligible, you can get £123.25 a week Statutory Sick Pay or 80% of your normal weekly earnings – whichever is lower. Statutory Sick Pay is paid for up to 28 weeks. If your Statutory Sick Pay comes to an end because you have been off sick for more than 28 weeks you may be entitled to Employment and Support Allowance (ESA) or Universal Credit.
You’ll be paid for all the full days you’re off sick that you normally would have worked. For example if you normally work Monday to Friday you will be paid Statutory Sick Pay for those days.
Your employer will use your average weekly earnings over an 8-week period to work out much you get. You still qualify if you started your job recently and have not yet received 8 weeks’ pay. Ask your employer to find out more.
How you’re paid
Statutory Sick Pay is paid by your employer in the same way as your normal wages, for example weekly or monthly.
If you have more than one job, you may get Statutory Sick Pay from each employer.
Tax and National Insurance will be deducted.
Eligibility
To qualify for Statutory Sick Pay you must:
- be classed as an employee
- have done some work for your employer
- have been ill for at least one full working day
Agency workers may be entitled to Statutory Sick Pay.
Telling your employer
You must usually tell your employer you’re unable to work before the deadline they set, the deadline is the time your employers states you must contact them to inform them you are sick and will not be coming into work. If the employer has not set a deadline you must tell them within 7 days.
You could lose some of your Statutory Sick Pay if you do not tell your employer in time.
Exceptions
You will not qualify if you:
- have received the maximum amount of Statutory Sick Pay (28 weeks). However you may still qualify for Universal Credit or Employment and Support Allowance (ESA)
- are getting Statutory Maternity Pay
- if you are not classed as an “employee”
Fit notes and asking for proof
You must give your employer a fit note if you’re off work for more than 7 days in a row (including non-working days).
You can get a fit note (sometimes called a sick note) from the following healthcare professionals:
- GP or hospital doctor
- registered nurse
- occupational therapist
- pharmacist
- physiotherapist
The note can be printed or digital.
Other proof of sickness
If your employer agrees, you can give them another appropriate form of evidence instead of a fit note, such as:
- an Allied Health Professional (AHP) Health and Work Report from a physiotherapist or occupational therapist, for example
- a plan to support a return to work
If you’re not eligible or your SSP ends
You may be able to apply for Universal Credit or Employment and Support Allowance (ESA). You can use form SSP1 to support your application.
If your Statutory Sick Pay is ending due to you having claimed Statutory Sick Pay for 28 weeks your employer must send you form SSP1 either:
- within 7 days of your ending, if it ends unexpectedly while you’re still sick
- on or before the beginning of the 23rd week, if your Statutory Sick Pay expected to end before your sickness does
If you do not qualify for Statutory Sick Pay your employer must send you form SSP1 within 7 days of your first day off sick.
Check with your employer how you should tell them. If your employer needs something in writing, you can use form SC2.
If you’re unhappy with a decision
Talk to your employer if you think:
- their decision not to pay you Statutory Sick Pay is wrong
- you’re not getting the right amount of Statutory Sick Pay
You can ask them for a reason.
If this does not resolve the problem, contact the HMRC Statutory Payment Disputes Team.
IF YOU NEED ANY SUPPORT IN CLAIMING CONTACT US AND WE WILL BE MORE THAN HAPPY TO HELP