Statutory Sick Pay: A Guide for UK Small Business Employers
SSP changed significantly on 6 April 2026. The three-day waiting period is gone. The lower earnings limit is gone. Every employee qualifies from day one. If your payroll software or policies haven’t been updated, you may already be operating incorrectly. Here’s what you need to know.
What is Statutory Sick Pay?
SSP is the minimum amount employers must pay employees absent from work due to illness. It is set by law — employees are entitled to it regardless of what their contract says, provided they meet the qualifying conditions. If a contract provides for higher contractual sick pay, the employee receives the higher amount.
The current SSP rules (from 6 April 2026)
| Rule | Before 6 April 2026 | From 6 April 2026 |
|---|---|---|
| When SSP starts | Day 4 of absence (3 unpaid waiting days) | Day 1 of absence |
| Earnings threshold | Employees needed to earn ≥£125/week to qualify | No minimum earnings — all employees qualify |
| Rate | £116.75 per week (flat rate) | £123.25 per week, or 80% of average weekly earnings — whichever is lower |
| Maximum duration | 28 weeks | 28 weeks (unchanged) |
The 80% calculation explained
For employees earning above approximately £154.07 per week (around £8,000 per year), the flat rate of £123.25 applies. For lower-earning employees, SSP is 80% of their average weekly earnings, which may be less than £123.25. Your payroll software should calculate this automatically, but check that it has been updated.
Linked periods of illness
Two separate sickness periods are “linked” if separated by fewer than eight weeks. Linked periods count together toward the 28-week maximum. An employee who takes 20 weeks off sick, returns for three weeks, then goes off sick again is already at 20 weeks of the maximum — the second absence links back to the first.
Qualifying conditions
To receive SSP, an employee must:
- Be classed as an employee — not a self-employed contractor or worker without employee status
- Have been absent for at least four consecutive days (the period of incapacity for work, or PIW) — though under the new rules SSP is calculated from day one of that period
- Have given proper notification of absence within your stated deadline (or within seven days if you have no policy)
Evidence of sickness
| Duration of absence | Evidence required | Notes |
|---|---|---|
| Days 1–7 | Self-certification only | You cannot require a GP fit note during this period. A simple self-certification form is sufficient. |
| Day 8 onwards | Fit note (from a GP, nurse, occupational therapist, pharmacist, or physiotherapist) | You can request a fit note from day eight. A fit note can certify “not fit for work” or “may be fit for work” with adaptations. |
You cannot refuse to pay SSP because an employee hasn’t provided a fit note before the eighth day. You can require one for any absence exceeding seven days.
What you need in place
Your software must reflect day-one eligibility, the removal of the earnings threshold, and the 80%-of-earnings calculation for lower-paid staff. Check with your provider (Xero, QuickBooks, FreeAgent, Sage) that the April 2026 updates have been applied.
A written policy covering: how and when employees notify you of absence; what documentation is required; how SSP is calculated and paid; and your procedure for managing long-term sickness. With day-one SSP in force, even short absences need to be tracked.
Keep records of all absences — dates, duration, and whether SSP was paid. Essential for calculating linked periods, tracking the 28-week maximum, managing return-to-work conversations, and defending any future tribunal claims.
Ensure employees and managers know that fit notes are required from day eight. Fit notes should be passed to payroll promptly — delays complicate SSP calculations and long-term absence management.
When you don’t have to pay SSP
- The employee is not legally an employee — self-employed contractors and workers without employee status are excluded
- The employee has already received 28 weeks of SSP in the current linked period
- The employee is on their first day of new employment and hasn’t yet started work
- The absence relates to a trade dispute at the employee’s workplace
- The employee is receiving Statutory Maternity Pay, Maternity Allowance, or certain other statutory payments during the period
Managing long-term sickness absence
When an employee has been absent for an extended period, your obligations go beyond simply paying SSP:
| Obligation | What it involves | Why it matters |
|---|---|---|
| Keep in touch | Regular, sensitive contact to maintain the relationship and stay informed — not pressuring the employee | Expected by tribunals as part of a fair absence management process |
| Occupational health | For absences lasting beyond a few weeks, an OH assessment clarifies fitness and whether adjustments could facilitate a return | Provides objective medical evidence and strengthens any subsequent process |
| Equality Act duties | If the illness amounts to a disability, you have a duty to make reasonable adjustments to support return to work | Failure to make reasonable adjustments is unlawful disability discrimination |
| Fair dismissal process | Capability dismissal for long-term sickness requires: medical evidence, explored alternatives, opportunity for employee to make representations, consideration of reasonable adjustments | Dismissing without following a fair process is likely to be unfair dismissal |
Enhanced sick pay
Many employers offer contractual sick pay more generous than SSP — full pay for a set number of weeks, half pay after that, then SSP. There’s no legal requirement to offer this, but it reduces the administrative burden of SSP calculations for higher-paid employees and supports retention.
If you offer enhanced sick pay, ensure the terms are clearly set out in the employment contract. Ambiguity about when enhanced pay applies, when it stops, and how it interacts with SSP is a common source of employment disputes.
Useful resources
- HMRC SSP calculator — free tool for calculating SSP at gov.uk/calculate-statutory-sick-pay
- HMRC SSP employer guidance — gov.uk/employers-sick-pay
- Acas sickness and absence guidance — comprehensive guidance on managing absence at acas.org.uk/absence-from-work
- Your payroll provider — check that your software has been updated to reflect the April 2026 changes before processing any sick pay
More guides for UK small business owners
Right Hand Man covers everything from statutory sick pay and PAYE to hiring your first employee, auto-enrolment, and writing a business plan. Browse our guides or get in touch if you have a question.