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.
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
| Rule | Before April 2026 | Now |
|---|---|---|
| When it starts | Day four, after three unpaid waiting days | Day one |
| Earnings threshold | Lower Earnings Limit applied | Removed |
| Amount | Flat weekly rate for everyone | Lower of the weekly rate or 80% of average weekly earnings |
| Maximum | 28 weeks | 28 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.
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
- Statutory Sick Pay (SSP) — GOV.UK
- Employment Rights Act 2025 — legislation.gov.uk
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.