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Sick Pay: Statutory Rights and What Your Employer Owes You

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Checked against GOV.UK, Acas and nidirect. Edited by Steven Butler.

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GOV.UK says you can get up to £123.25 a week in Statutory Sick Pay (SSP) if you are too ill to work, paid by your employer for up to 28 weeks. You cannot get less than the statutory amount, and you can get more if your company has a sick pay scheme. This guide covers who qualifies, how much SSP pays, fit notes, long-term sickness and what to do when SSP ends.

Key points
  • ✓SSP is £123.25/week (2026/27) or 80% of average weekly earnings, whichever is lower
  • ✓Paid by your employer for up to 28 weeks of absence
  • ✓Day-one SSP from 6 April 2026, no lower earnings limit, no 3-day waiting period
  • ✓You can self-certify if you are off for 7 days or less, and GOV.UK says you must give a fit note if you are off for more than 7 days in a row.
  • ✓If SSP ends or you do not qualify, your employer must send you form SSP1, which you can use to support a Universal Credit or ESA application.

Who qualifies for Statutory Sick Pay?

GOV.UK says that to qualify for SSP you must:

  • Yes: Be classed as an employee
  • Yes: Have done some work for your employer
  • Yes: Have been ill for at least one full working day
  • Yes: Usually tell your employer you are unable to work before the deadline they set, or within 7 days if they have not set one
Employment Rights Act 2025, day-one SSP from 6 April 2026: Acas says that from 6 April 2026 statutory sick pay is paid from the first day of illness, instead of the fourth day, and the lower earnings limit has been removed, so workers do not need to earn a minimum amount to be eligible. GOV.UK says agency workers may be entitled to Statutory Sick Pay.

GOV.UK's employer guide says an employee does not qualify for SSP if they:

  • No: Have received the maximum amount of SSP, which is 28 weeks in total
  • No: Are getting Statutory Maternity Pay or Maternity Allowance, though there are special rules for pregnant women and new mothers who do not get these payments
  • No: Are off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) their baby is due
  • No: Were in custody or on strike on the first day of sickness, including any linked periods
  • No: Are working outside the EU and the employer is not liable for their National Insurance contributions
  • No: Received Employment and Support Allowance within 12 weeks of starting or returning to work for that employer
GOV.UK says you are no longer eligible for SSP if you have a continuous series of linked periods of sickness that lasts more than 3 years, and that periods are linked if each lasts more than one full working day and they are 8 weeks or less apart.
Northern Ireland. In Northern Ireland, nidirect says SSP is paid by your employer for up to 28 weeks, and that your employer will give you form SSP1 if they cannot pay you SSP or your SSP will end soon. nidirect's page does not mention the 6 April 2026 changes, so check nidirect for Northern Ireland.

How much is SSP and how long does it last?

SSP is £123.25 per week (2026/27) or 80% of average weekly earnings, whichever is lower. It is paid by your employer for up to 28 weeks.

GOV.UK says SSP is paid for all the full days you are off sick that you normally would have worked, and your employer uses your average weekly earnings over an 8-week period to work out how much you get. You still qualify if you started your job recently and have not yet received 8 weeks' pay. SSP is paid in the same way as your normal wages, with tax and National Insurance deducted, and if you have more than one job you may get SSP from each employer.

Acas says SSP is paid from the first day of illness, instead of the fourth day, from 6 April 2026.

Check your contract: GOV.UK says you cannot get less than the statutory amount, and you can get more if your company has a sick pay scheme (also called an occupational scheme), so check your employment contract.
If you think you are not getting the right amount of SSP, GOV.UK says to talk to your employer and, if you are still not happy, to contact the HMRC enquiry line. GOV.UK says that if you think the decision not to pay you SSP is wrong you can ask your employer for a reason, and if that does not resolve it you can contact the HMRC Statutory Payment Disputes Team.

Fit notes (sick notes) and your obligations

GOV.UK says you must give your employer a fit note if you are off work for more than 7 days in a row, including non-working days. If you are off for 7 days or less you do not need a fit note, and when you return your employer can ask you to confirm you were off sick, which GOV.UK calls self-certification.

  • Yes: Fit notes can come from a GP or hospital doctor, registered nurse, occupational therapist, pharmacist or physiotherapist
  • Yes: A fit note says you are either 'not fit for work' or 'may be fit for work'
  • Yes: If it says 'may be fit for work', your employer should discuss changes that might help you return, such as different hours or tasks, and you must be treated as 'not fit for work' if there is no agreement on these changes
  • Yes: Fit notes are free if you have been ill for more than 7 days when you ask for one, and a healthcare professional might charge a fee if you have been ill for 7 days or less
  • Yes: If your employer agrees, you can give another appropriate form of evidence instead of a fit note, such as an Allied Health Professional Health and Work Report
  • Yes: Your employer cannot withhold SSP if you are late sending a fit note, though you could lose some SSP for days you were late telling them you were ill without a good reason
  • Yes: Your employer cannot insist that you tell them you are sick in person or on a special form

Our fit note guide goes through who can issue one and how self-certification works.

Long-term sickness, your rights

GOV.UK says employees who are off work sick for more than 4 weeks may be considered long-term sick, and a long-term sick employee is still entitled to annual leave.

  • Yes: As a last resort, GOV.UK says employers can dismiss an employee who is long-term sick
  • Yes: Before they do, employers must consider whether you can return to work, such as by working flexibly or part-time or doing different or less stressful work (with training if necessary)
  • Yes: They must also consult you about when you could return to work and whether your health will improve
  • Yes: Employers must make changes to your working conditions if you are disabled, which GOV.UK calls reasonable adjustments
  • Yes: You can take your case to an employment tribunal if you think you have been unfairly dismissed
  • Yes: Statutory holiday entitlement is built up while you are off sick, and any that you cannot use because of illness can be carried over into the next leave year
Acas says that for a problem on or after 1 October 2026 you have 6 months minus 1 day for most claims, and for a problem before then you have 3 months minus 1 day for most claims. For unfair dismissal, Acas says the time limit starts from the last day of your notice period, or the date you were dismissed if your employer did not give you notice. For discrimination, it starts from the most recent date of discrimination you are including in your claim. Our unfair dismissal guide and discrimination at work guide cover those claims.

When SSP ends, what next?

1
Your employer sends form SSP1
GOV.UK says that if your SSP is ending, your employer must send you form SSP1 within 7 days of your SSP ending if it ends unexpectedly while you are still sick, or on or before the beginning of the 23rd week if your SSP is expected to end before your sickness does. If you do not qualify for SSP, your employer must send you form SSP1 within 7 days of your first day off sick.
2
Claim Universal Credit or New Style ESA
GOV.UK says you may be able to apply for Universal Credit or Employment and Support Allowance and can use form SSP1 to support your application. It says you can apply for New Style ESA up to 3 months before your SSP ends and start getting it as soon as your SSP ends, and that you cannot get New Style ESA if you claim Statutory Sick Pay.
3
Check disability benefits
GOV.UK says PIP can help with extra living costs if you have a long-term physical or mental health condition or disability and difficulty doing certain everyday tasks or getting around, and that you can get it even if you are working, and the amount is not affected by your income or savings. In Scotland you apply for Adult Disability Payment instead of PIP.

Our ESA guide and Universal Credit guide cover those claims.

Where to go next

Work
Fit Notes (Sick Notes)
When you need a fit note, who can issue one and how to self-certify for the first days off.
Discrimination at Work
Disability discrimination and reasonable adjustments during sickness.
Unfair Dismissal
If you were dismissed due to sickness absence.
Stress at Work
Your employer's duty to manage stress and the routes open to you if they do not.

Frequently asked questions

How much is Statutory Sick Pay?

GOV.UK says SSP is £123.25 a week or 80% of your normal weekly earnings, whichever is lower, for up to 28 weeks, paid by your employer. Acas says that from 6 April 2026 SSP is paid from the first day of illness instead of the fourth day, and the lower earnings limit has been removed.

What happens when SSP runs out after 28 weeks?

GOV.UK says you may be able to apply for Universal Credit or Employment and Support Allowance, and can use form SSP1 to support your application. If your SSP is expected to end before your sickness does, your employer must send you form SSP1 on or before the beginning of the 23rd week. GOV.UK says New Style ESA needs enough National Insurance contributions from working as an employee or being self-employed, usually in the last 2 to 3 years.

Do I need a fit note for sickness absence?

GOV.UK says you must give your employer a fit note if you are off work for more than 7 days in a row, including non-working days. If you are off for 7 days or less you do not need one, and your employer can ask you to confirm you were off sick when you return. Fit notes can come from a GP or hospital doctor, registered nurse, occupational therapist, pharmacist or physiotherapist.

Can my employer dismiss me for being off sick?

Yes, as a last resort, according to GOV.UK, which says employers must first consider whether you can return to work, for example by working flexibly or part-time or doing different or less stressful work, and consult you about when you could return and whether your health will improve. You can take your case to an employment tribunal if you think you have been unfairly dismissed.

Does my employer have to pay more than SSP?

GOV.UK says you cannot get less than the statutory amount, and you can get more if your company has a sick pay scheme. GOV.UK's employer guide says company schemes must be included in an employment contract, so check your contract or staff handbook.

Can employers claim back the SSP they pay?

GOV.UK's guide to reclaiming statutory payments lists Statutory Maternity Pay, Paternity Pay, Adoption Pay, Parental Bereavement Pay, Neonatal Care Pay and Shared Parental Pay, and does not list SSP. HMRC's Statutory Payments Manual says the Percentage Threshold Scheme, which let employers recover part of their SSP costs, was abolished in April 2014.

Are self-employed people entitled to sick pay?

GOV.UK says that to qualify for SSP you must be classed as an employee. GOV.UK says you can apply for Employment and Support Allowance if you are employed, self-employed or unemployed. It says New Style ESA needs enough National Insurance contributions from working as an employee or being self-employed, usually in the last 2 to 3 years, and that you might be able to get Universal Credit at the same time or instead of New Style ESA.

Related guides

ESA
Employment & Support Allowance when SSP ends.
PIP
Personal Independence Payment for long-term conditions.
Income Protection
Insurance that replaces income when sick pay runs out.
Maternity Allowance
Pay for the weeks around a birth if you are not eligible for Statutory Maternity Pay.
Employment Rights
All our guides to pay, leave, dismissal and work.
Notice Periods
Statutory notice periods, contractual notice, PILON, working your notice, and what happens if your employer fails to...

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https://www.knowyourrightsuk.com/employment/sick-pay
Know Your Rights UK. "Sick Pay: Statutory Rights and What Your Employer Owes You." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/sick-pay