This article applies to England, Wales and Scotland.
Last updated: April 2026
In brief: From 6 April 2026, Statutory Sick Pay is payable from your first day of sickness absence, not the fourth. The lower earnings limit has been scrapped, meaning all employees now qualify regardless of income. The rate is £123.25 per week or 80% of average weekly earnings, whichever is lower.
What changed on 6 April 2026
If you've been off sick and your employer told you there's a three-day wait before sick pay kicks in, that's no longer the case. Two changes to Statutory Sick Pay (SSP) came into force on 6 April 2026 under the Employment Rights Act 2025, and both of them directly affect what you're owed.
First, the three-day waiting period is gone. SSP is now payable from the first full day of sickness absence. Previously, the first three qualifying days were unpaid, which meant short illnesses often cost workers three days' wages. That gap has been closed.
Second, the lower earnings limit has been removed. Until 5 April 2026, you needed to earn at least £125 per week to qualify for SSP at all. That threshold no longer exists. If you're employed, you're eligible, regardless of how much you earn.
These are among the biggest changes to SSP since the system was first introduced in the 1980s. The government estimates that up to 1.3 million additional workers are now covered who were previously excluded, including many part-time, casual, and variable-hours staff.
How much is SSP now
The weekly rate of Statutory Sick Pay from 6 April 2026 is £123.25. But there's a new calculation for lower earners.
You receive whichever is lower: the flat rate of £123.25 per week, or 80% of your average weekly earnings. Your average weekly earnings are calculated based on the eight weeks before your sickness absence began.
For most workers, this means you get the flat £123.25. The 80% calculation only produces a lower figure if you earn roughly £154 a week or less, because at higher earnings 80% exceeds the flat rate and the flat rate applies instead.
SSP is paid for up to 28 weeks. It's paid on your normal payday, with tax and National Insurance deducted as usual.
Who qualifies for SSP
From 6 April 2026, you qualify for SSP if you are classed as an employee for tax purposes, meaning your employer deducts tax through PAYE. This includes agency workers, but not self-employed workers who manage their own tax through self-assessment.
You do not need any minimum period of service. SSP is a day-one right. You also no longer need to meet any earnings threshold.
You must be off sick for at least one qualifying day to receive SSP. Qualifying days are the days you would normally be required to work. If you work Monday to Friday and you're off sick on a Wednesday, that's one qualifying day and SSP is payable.
What if you were already off sick on 6 April
If your sickness absence started before 6 April 2026 and continued beyond that date, transitional rules apply. The key principle is that you won't receive less than you would have under the old rules.
If you were already receiving SSP before 6 April, you continue receiving the uprated flat rate of £123.25 even if 80% of your average weekly earnings would be lower. This protection lasts until you return to work, exhaust your 28-week entitlement, or your contract ends.
If you were still serving your three waiting days on 6 April, you became entitled to SSP from that date.
If you earned below the old lower earnings limit and were off sick on or after 6 April, you became eligible under the new rules.
What if your employer isn't paying SSP
Your employer is legally required to pay SSP if you meet the eligibility criteria. If they refuse, the first step is to raise it with them in writing. Ask them to confirm in writing why they believe you're not entitled.
From 7 April 2026, the Fair Work Agency has taken over enforcement of SSP from HMRC. This new body can investigate employers proactively, require payment within 28 days, and impose penalties of up to 200% of the amount owed. Employers are also required to keep adequate records for six years.
If you're part of a wider dispute with your employer, for example if you've been dismissed or disciplined after taking sick leave, you may want to consider whether you have grounds for a claim at an employment tribunal. You would normally need to go through ACAS early conciliation first.
It's also worth checking your contract of employment. Many employers offer occupational sick pay above the statutory minimum. If your contract promises more than SSP, you may have a breach of contract claim if it's not being paid.
Your employer should also have given you a written statement of employment particulars that sets out your sick pay entitlement.
Frequently asked questions
When does SSP start from in 2026?
From 6 April 2026, Statutory Sick Pay is payable from the first full day of sickness absence. The previous three-day waiting period has been removed under the Employment Rights Act 2025.
How much is SSP per week in 2026?
The SSP rate from 6 April 2026 is £123.25 per week, or 80% of your average weekly earnings if that figure is lower. Your average weekly earnings are based on the eight weeks before your absence began.
Do I still need to earn a minimum amount to get SSP?
No. The lower earnings limit was removed on 6 April 2026. All employees now qualify for SSP regardless of how much they earn, as long as they are employed and off sick.
How many workers are affected by the SSP changes?
The government estimates that up to 1.3 million additional workers are now eligible for SSP who were previously excluded because they earned below the lower earnings limit. Around 25% of all employees receive only SSP during sickness absence.
Can I get SSP if I work part-time or on a zero-hours contract?
Yes, as long as you are classed as an employee for tax purposes. Part-time, casual, and variable-hours workers are all eligible from 6 April 2026 regardless of earnings.
What happens if I'm off sick for just one day?
From 6 April 2026, SSP is payable for a single qualifying day of absence. There is no minimum number of consecutive days required.
Who enforces SSP if my employer won't pay?
The Fair Work Agency, which launched on 7 April 2026, has taken over SSP enforcement from HMRC. It can investigate employers without waiting for a complaint and impose penalties of up to 200% of the underpayment.
Does SSP apply to agency workers?
Yes. Agency workers who are employed for tax purposes and have their tax deducted through PAYE are eligible for SSP on the same basis as other employees.
Sources
- GOV.UK - Statutory Sick Pay: https://www.gov.uk/statutory-sick-pay
- GOV.UK - Your Sick Pay Rights (business.gov.uk): https://www.business.gov.uk/campaign/employment-changes/employee/statutory-sick-pay/
- GOV.UK - Statutory Sick Pay Changes for Employers: https://www.business.gov.uk/campaign/employment-changes/employers/statutory-sick-pay/
- ACAS - Statutory Sick Pay: https://www.acas.org.uk/checking-sick-pay/statutory-sick-pay-ssp
- Employment Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/36/contents