Statutory sick pay: the April 2026 rules explained

Statutory sick pay was restructured on 6 April 2026 by the Employment Rights Act 2025. Three things changed at once, and most guidance still online describes the old system.

What changed on 6 April 2026
BeforeFrom April 2026Starts onDay 4Day 1Earnings thresholdAppliedRemovedAmountFlat rate for everyoneLower of £123 or 80% of earnings

Three changes at once. The removal of the earnings threshold is the one that matters most: low earners who previously received nothing now qualify.

What changed

RuleBefore April 2026Now
When it startsDay four, after three unpaid waiting daysDay one
Earnings thresholdLower Earnings Limit appliedRemoved
AmountFlat weekly rate for everyoneLower of the weekly rate or 80% of average weekly earnings
Maximum28 weeks28 weeks (unchanged)

The practical effect is that low earners gained and higher earners lost nothing. Someone averaging £100 a week now receives £80 of SSP; under the old rules they were below the earnings threshold and received nothing at all.

How the amount is worked out

SSP is the lower of the statutory weekly rate or 80% of your average weekly earnings. Above roughly £154 a week, 80% exceeds the rate, so the rate applies and everyone receives the same figure. Below that, the amount tracks your earnings.

Work out your own SSP

Qualifying days

SSP is divided across the days you normally work under your contract. Someone working three days a week receives a higher daily rate than someone working five, because the same weekly amount is spread across fewer days. The weekly total is identical.

This surprises part-time workers who compare their daily rate against a colleague’s and assume one of them is wrong.

What has not changed

  • The 28-week maximum, including intermittent absences where they are linked
  • The requirement to notify your employer in line with their policy
  • Self-certification for the first seven days, and a fit note after that
  • Your employer must issue form SSP1 if entitlement runs out before you return

Contractual sick pay

Many employers operate a contractual scheme paying full or half pay for a period, with SSP underneath it. SSP is the legal floor, not the expectation. Check your contract before assuming the statutory figure is what you will receive.

If your employer is applying the old rules

If you are told you must wait three days, or that you do not qualify because you earn too little, that describes the position before April 2026. Point your employer to the GOV.UK page. Acas offers free advice on 0300 123 1100.

Sources

Checked against source on 30 August 2026. This is general guidance, not legal advice.


Written by Nathan Cole

I built the calculators on HoursHQ and check every statutory figure against GOV.UK, Acas and the legislation itself before it goes live. Where the law is genuinely unclear, I say so rather than guessing.