Sick Pay: Statutory Rights and What Your Employer Owes You
If you're off work because of illness, you have a right to Statutory Sick Pay (SSP), provided you meet the qualifying conditions. Many employees are also entitled to more under their employment contract, so it's worth knowing where you stand.
- ✓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
- ✓Self-certify for the first 7 days; a fit note is needed after that
- ✓When SSP ends your employer issues form SSP1 to support an ESA or Universal Credit claim
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Who qualifies for Statutory Sick Pay?
You're entitled to SSP if:
- ✓You're classed as an employee (not a self-employed contractor)
- ✓You've been off sick for at least 4 consecutive days (including non-working days)
- ✓You've told your employer you're ill within their reporting deadline (or within 7 days if no policy exists)
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 of absence in any one period of incapacity for work.
SSP is paid from the 1st day of absence, the previous 3-day waiting period was abolished by the Employment Rights Act 2025, effective 6 April 2026. Your contract may provide even more generous sick pay from day one.
Fit notes (sick notes) and your obligations
For the first 7 days of illness, you can self-certify. After 7 days, your employer can ask for a fit note from a GP or other healthcare professional.
- ✓Fit notes are issued by GPs, hospital doctors, nurses, occupational therapists, physiotherapists, and pharmacists
- ✓A fit note can say you're 'not fit for work' or 'may be fit for work with adjustments'
- ✓If your GP suggests adjustments (e.g. reduced hours, amended duties), your employer should consider them, but doesn't have to agree
- ✓Your employer cannot require a fit note for an absence of 7 days or less
- ✓You cannot be disciplined solely for being genuinely ill
Long-term sickness, your rights
Long-term sickness raises important issues around disability discrimination and fair procedure. If you've been off work for an extended period:
- ✓Your employer must follow a fair process before dismissing you, this includes obtaining medical evidence, considering adjustments, and giving you a fair hearing
- ✓If your condition meets the definition of disability under the Equality Act, your employer must consider reasonable adjustments before dismissing
- ✓Your employer can request an occupational health assessment, you should cooperate but you can request the report before it's sent
- ✓Dismissal for long-term sickness can be unfair if the employer didn't follow a proper process or didn't consider alternatives
- ✓After 28 weeks of SSP, you should apply for Universal Credit or new-style ESA
When SSP ends, what next?
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
How much is Statutory Sick Pay?
Statutory Sick Pay (SSP) is £123.25 per week (2026/27), or 80% of average weekly earnings if that is lower. It is paid by your employer for up to 28 weeks. From 6 April 2026 (Employment Rights Act 2025), there is no longer a lower earnings limit, all employees qualify regardless of how much they earn. SSP is now payable from the first day of absence, the previous 3-day waiting period has been abolished.
What happens when SSP runs out after 28 weeks?
When SSP ends, you may be able to claim Universal Credit (including a Limited Capability for Work element) or new-style ESA if you have sufficient National Insurance contributions. Your employer should give you form SSP1 when SSP ends or is about to end, which you need to make your benefit claim.
Do I need a fit note for sickness absence?
For the first 7 days off sick you can self-certify without a fit note. After 7 days, you need a fit note (previously called a sick note) from a doctor, nurse practitioner, or other qualified health professional. Fit notes can recommend a phased return, adjusted hours, or amended duties rather than simply saying you are unfit for work.
Can my employer dismiss me for being off sick?
Yes, but only if they follow a fair process. They must consider the medical evidence, make reasonable adjustments, consult with you about your condition and prognosis, and generally allow a reasonable period of absence. If your condition amounts to a disability under the Equality Act, dismissal without proper process is likely to be both unfair dismissal and disability discrimination.
Does my employer have to pay more than SSP?
Only if your contract of employment provides for enhanced sick pay. Many employers do offer company sick pay above the statutory minimum, check your contract or staff handbook. SSP is the legal minimum that all qualifying employees are entitled to; there is no legal requirement for employers to pay more than this.
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