Statutory sick pay in 2026: what you get under the new rules

Statutory sick pay changed fundamentally on 6 April 2026, and most of the advice online has not caught up. The old system had three waiting days with no pay and a lower earnings limit that locked out the lowest paid workers entirely. Both are gone. Here is how SSP works now, what you should actually receive, and what to do when an employer gets it wrong.

The 2026 changes in brief

The Employment Rights Act 2025 rewrote the SSP rules from 6 April 2026:

• Payable from day one. The three unpaid waiting days are abolished. SSP starts from the first full day of sickness absence that is a qualifying day.
• No lower earnings limit. Previously you had to earn at least the LEL to qualify at all. Now all eligible employees qualify regardless of earnings.
• A new rate calculation. You receive 80% of your average weekly earnings or the flat weekly rate of £123.25, whichever is lower. For most full-time workers the flat rate caps it; lower paid workers now get 80% of their actual earnings instead of nothing.

SSP is still paid for up to 28 weeks in any period of sickness, and it is still paid by your employer through payroll in the normal way, with tax and National Insurance deducted.

Who qualifies

To get SSP you must:

• Be classed as an employee of the employer you are claiming from. Agency workers and many zero-hours staff qualify; genuinely self-employed contractors do not.
• Have done some work under your contract, even just one day.
• Be off sick for at least one qualifying day (the days you normally work).
• Tell your employer you are sick, within their deadline or within seven days if they have not set one.
• Provide evidence when asked: self-certification for the first seven days, a fit note after that. Our fit note guide covers how that works.

How much you will actually get

The rate is the lower of 80% of your average weekly earnings or £123.25 a week. Average earnings are calculated over the eight weeks before you went off sick. Two examples:

• Earn £600 a week: 80% is £480, which is above the flat rate, so you get £123.25.
• Earn £120 a week: 80% is £96, which is below the flat rate, so you get £96. Under the old rules you would have received nothing at all.

SSP is the legal minimum. Many employers run occupational sick pay schemes on top, often full pay for a set number of weeks. Check your contract and staff handbook, because contractual sick pay is usually more generous and it is binding.

Common problems, and what to do about them

• "You do not qualify, you do not earn enough." Out of date since 6 April 2026. Earnings no longer disqualify anyone.
• "We do not pay for the first three days." Out of date for the same reason. Day one counts.
• Your employer just refuses. Ask for the decision in writing. Employers must give you a written explanation within seven days if they decide you are not entitled, and you can ask HMRC to rule on entitlement. An employer who withholds SSP you are owed is in the same position as one who withholds wages.
• Absences close together. Periods of sickness separated by eight weeks or less link together for the 28-week maximum, so a return to work does not always reset the clock.
• Pressure to return early. A fit note saying you are unfit is evidence your employer ignores at their peril, particularly if you end up dismissed.

When sickness goes on longer

SSP lasts 28 weeks at most. If your absence is heading that way, the questions change: what happens to your pay, your holiday, and ultimately your job. Those are covered in our guides to long-term sick pay and being dismissed while on sick leave.

If your employer is refusing SSP, pressuring you back, or using sickness absence as a reason to push you out, that is no longer a payroll question. It is a legal one, and a short conversation with an employment solicitor will tell you exactly where you stand. Unpaid SSP can be pursued as an unlawful deduction from wages, and tribunal time limits are short, so act quickly. If your condition is long-term, our disability discrimination guide explains the extra protection you have.