Does an employee need a sick note for SSP?

Not for the first 7 calendar days. Employees can self-certify their illness for absences of 7 calendar days or less. For absences exceeding 7 consecutive calendar days, employers may request a fit note from a registered healthcare professional. An employer may agree to accept another appropriate form of evidence instead of a fit note, but is not obliged to. SSP cannot be withheld simply because a fit note is late.

What happens if SSP entitlement runs out?

When 28 weeks of SSP have been paid, the employer must issue form SSP1 to the employee. This form allows the employee to apply for government benefits such as Employment and Support Allowance or Universal Credit. The employer should issue SSP1 on or before the beginning of the 23rd week if the employee is still off sick, or within 7 days if SSP ends unexpectedly.

What Is Statutory Sick Pay (SSP)?

Statutory Sick Pay (SSP) is the legal minimum amount that UK employers must pay eligible employees who are unable to work because of illness. From 6 April 2026, SSP is payable from the first day of sickness absence at a rate of £123.25 per week or 80% of the employee's average weekly earnings, whichever is lower.

SSP is a statutory obligation, not a discretionary benefit. It applies to employers of all sizes and across all sectors. The employer funds SSP directly through their payroll. There is no mechanism for employers to reclaim SSP costs from the government.

The framework for SSP is set out in the Social Security Contributions and Benefits Act 1992 and was substantially reformed by the Employment Rights Act 2025, with key changes taking effect on 6 April 2026. These reforms represent the most significant overhaul of SSP since the system was introduced in 1983.

This guide covers the current SSP rules as they apply from April 2026 onwards, including eligibility, rates, employer obligations, and where enforcement sits now that the Fair Work Agency has been created.

What Changed on 6 April 2026

The Employment Rights Act 2025 introduced three fundamental changes to how SSP works. All three took effect on 6 April 2026 and apply to every employer in the UK.

Day-One Entitlement

SSP is now payable from the first qualifying day of sickness absence. The previous three unpaid "waiting days" have been abolished. Employees no longer need to be absent for four consecutive days before SSP begins.

Lower Earnings Limit Removed

The previous requirement to earn at least £125 per week (before tax) has been scrapped. All employees are now eligible for SSP regardless of their income level, including part-time workers, zero-hours contract workers, and lower earners.

Earnings-Based Rate

SSP is now calculated as the lower of 80% of the employee's average weekly earnings or the flat statutory rate of £123.25 per week. This replaces the previous flat-rate-only system and means some lower earners may receive less than the flat rate.

Transitional Protection

Transitional protection is narrower than it is usually described. It applies where an employee has normal weekly earnings of at least £125 and no more than £154.05 a week, was receiving SSP before 6 April 2026, and was still off sick on that date. Those employees are paid the flat rate rather than 80% of their average weekly earnings, because the 80% calculation would otherwise reduce what they receive. The protection ends when they return to work or when their SSP entitlement ends, and a fresh absence after a return is paid at 80% of average weekly earnings even if it links to the earlier one. Separately, an employee whose absence started on or before 21 September 2025 and continued without a break to 5 April 2026 is not brought into entitlement by the reforms, and qualifies again only after returning to work for at least 8 weeks. GOV.UK sets out the full position in its guidance on sickness absences that start before and end on or after 6 April 2026.

The government estimates that these combined changes will increase employer SSP costs by around £450 million a year across the UK economy, about £15 more per employee per year, in the figures published in its statutory sick pay factsheet for the Employment Rights Act 2025.

Who Is Eligible for SSP

Every employee who meets the following criteria is entitled to SSP from the first day they are unable to work because of illness. There is no minimum length of service and no minimum earnings threshold from 6 April 2026 onwards.

Has an employment contract and is classed as employed for tax purposes. This includes anyone whose employer deducts tax through PAYE, such as permanent employees, fixed-term contract workers, and agency workers. Workers who pay their own tax through self-assessment (including most gig economy workers) are not eligible.
Has done some work under their contract. Even a single shift completed is sufficient. An employee who falls ill before their first day of work does not qualify.
Has been too ill to work for at least one full day. A period of incapacity for work now arises from a single day rather than four consecutive days, under section 10 of the Employment Rights Act 2025. Every day of sickness counts towards it, including weekends, bank holidays and other non-working days. SSP is then paid from the first qualifying day, meaning a day the employee would normally be required to work.
Has notified their employer of their absence. Notification must be given within any deadline the employer has set in their absence policy, or within 7 days if the employer has not set one. An employer does not have to pay SSP for days the employee was late in telling them, unless there is a good reason for the delay, and cannot insist on being told in person or on a special form.

Who Does Not Qualify

Self-employed workers who pay their own tax through self-assessment are not eligible for SSP. This includes many workers in the gig economy who are classified as self-employed rather than employees.

Employees who are already receiving Statutory Maternity Pay or Maternity Allowance cannot receive SSP at the same time. Workers who have already received 28 weeks of SSP in a single period of sickness (or linked periods) have exhausted their entitlement.

Scenario: Zero-Hours Contract Worker

Aisha works on a zero-hours contract at a warehouse and is paid through PAYE. She has completed several shifts and earns an average of £85 per week. Before April 2026, Aisha would not have qualified for SSP because her earnings fell below the lower earnings limit of £125 per week. Under the new rules, she is entitled to SSP from day one of her sickness. Her SSP is calculated at 80% of her average weekly earnings, which is £68 per week.

How Much Is SSP and How It Is Calculated

The SSP rate for the 2026/27 tax year is £123.25 per week or 80% of the employee's average weekly earnings (AWE), whichever is lower. This dual-rate system was introduced by the Employment Rights Act 2025 to provide a fairer calculation for lower earners.

Calculating the Daily Rate

SSP is paid only for qualifying days, which are the days the employee would normally have been required to work. The daily rate is calculated by dividing the weekly SSP amount by the number of qualifying days in the employee's normal working week.

Working Pattern	Weekly SSP	Daily SSP Rate
5 days per week (Mon to Fri)	£123.25	£24.65
4 days per week	£123.25	£30.81
3 days per week	£123.25	£41.08
6 days per week	£123.25	£20.54

Average Weekly Earnings (AWE)

AWE is worked out over the relevant period, which ends with the last normal payday before the first complete day of sickness and begins on the day after the payday before that. The relevant period must cover at least 8 weeks. For a weekly paid employee, the earnings paid in that period are divided by 8. For a monthly paid employee, the earnings are divided by the number of months in the period, multiplied by 12, then divided by 52.

If 80% of the employee's AWE is lower than the flat statutory rate of £123.25, the employee receives the lower figure. The two meet at average weekly earnings of £154.05, so for anyone earning above that the flat rate is the lower of the two and applies exactly as before. The 80% calculation is what sets the rate for workers earning less than that.

Scenario: Lower Earner SSP Calculation

Ravi works part-time and earns an average of £110 per week. His SSP entitlement is calculated at 80% of £110, which is £88 per week. This is lower than the flat rate of £123.25, so Ravi receives £88 per week in SSP. If Ravi works 3 days per week, his daily SSP rate is £88 divided by 3, which is £29.33 per day.

Maximum Duration

SSP is payable for up to 28 weeks in any single period of sickness or across linked periods of sickness. Periods of sickness that are 8 weeks (56 days) or less apart are treated as linked for the purpose of the 28-week limit.

SSP vs Contractual Sick Pay

Many employers offer contractual (also called occupational) sick pay that is more generous than the statutory minimum. The comparison below sets out the key differences employers should understand.

Feature	Statutory Sick Pay (SSP)	Contractual Sick Pay
Who sets the rate	Government (reviewed annually)	Employer (written in contract or policy)
Minimum amount	£123.25/week or 80% of AWE	Must be at least the SSP rate
When payment starts	First qualifying day of absence	Varies by employer (often day one)
Maximum duration	28 weeks	Varies by employer (commonly 3 to 6 months)
Eligibility	All employees (contract, done some work, PAYE)	Per contract terms (may include probation exclusions)
Can employer reclaim costs?	No	N/A (employer's own scheme)
Payable during notice period	Yes, if eligibility criteria are met	Per contract terms
Legal framework	Social Security Contributions and Benefits Act 1992, Employment Rights Act 2025	Employment contract and company policy

Employers who already offer contractual sick pay from day one at a rate equal to or above the SSP rate may see minimal cost impact from the April 2026 changes. Employers who previously relied on SSP only, with three unpaid waiting days and earnings thresholds, are likely to see the largest increase in costs.

Employer Obligations

UK employment law places specific responsibilities on employers when an employee reports a sickness absence. Failure to meet these obligations can result in a dispute referred to HMRC, which handles SSP disputes, and in employment tribunal claims. SSP enforcement is expected to move to the Fair Work Agency in due course, but that transfer has not yet taken effect.

Step-by-Step: Managing an SSP Claim

Confirm the employee is eligible. Check that they have an employment contract, are classed as employed for tax purposes, have done some work under their contract, and have notified you of their absence within the required timeframe.
Identify qualifying days. Determine which days the employee would normally be required to work. These are the days for which SSP is payable. If the employee has no regular pattern, agree qualifying days with them.
Calculate the SSP rate. Work out 80% of the employee's average weekly earnings across the relevant period, which ends with the last normal payday before the first complete day of sickness and covers at least 8 weeks. Compare the result to the flat rate of £123.25. Pay whichever is lower, divided by the number of qualifying days in that week.
Pay SSP through payroll. SSP is paid on the employee's normal pay day, subject to tax and National Insurance deductions. It must appear on the employee's payslip.
Request medical evidence if needed. For absences of 7 calendar days or less, employers may accept self-certification. For absences exceeding 7 days, employers may ask for a fit note (Statement of Fitness for Work) from a registered healthcare professional.
Issue form SSP1 when required. If SSP is ending unexpectedly, issue SSP1 within 7 days of SSP ending. If SSP is expected to end before the sickness does, issue SSP1 on or before the beginning of the 23rd week. If the employee does not qualify for SSP at all, issue SSP1 within 7 days of their first day off sick.

Record-Keeping

There has been no prescribed SSP record-keeping duty since 6 April 2014, when the regulation requiring it was revoked. GOV.UK puts the position simply: you can choose how you keep records of your employees' sickness absence. HMRC may still require an employer to produce records showing that SSP has been paid, and may need to see sickness records where there is a dispute over payment, so keeping start and end dates, qualifying days and amounts paid remains the sensible practice. Medical information collected for SSP purposes must be handled in line with UK GDPR, with access restricted and retention limited to what is necessary.

Fit Notes and SSP: When Medical Evidence Is Needed

A fit note is the standard form of medical evidence for sickness absence in the UK. Officially called the Statement of Fitness for Work (Med3 form), it is issued by a registered healthcare professional and sets out whether the employee is "not fit for work" or "may be fit for work" with adjustments.

Self-Certification (Days 1 to 7)

For the first 7 calendar days of sickness absence, employees can self-certify their illness. This means they notify their employer of the reason for their absence without needing a doctor's note. Some employers ask employees to complete a self-certification form (SC2) on their return, although this is not a legal requirement.

Fit Note Required (Day 8 Onwards)

If sickness absence continues beyond 7 consecutive calendar days (including non-working days such as weekends), the employer can require the employee to provide a fit note from a healthcare professional before continuing to pay SSP. A fit note can only be required after more than 7 calendar days of sickness. SSP cannot be withheld simply because a fit note is late.

Fit notes can be issued by registered medical practitioners such as GPs and hospital doctors, and by registered nurses, occupational therapists, physiotherapists and pharmacists. Midwives are not among the professions authorised to issue one. NHS fit notes are free of charge when the employee has been off sick for more than 7 days. If the employer requests medical evidence during the first 7 days, the healthcare professional may charge a fee, as this falls outside standard NHS provision.

Private Medical Certificates and SSP

Whether private medical evidence is accepted is the employer's decision. GOV.UK's employer guide puts it this way: if you agree, the employee can give you another appropriate form of evidence instead of a fit note. No employer is obliged to accept a private certificate, and the statutory fit note rules are unaffected. A certificate issued by a GMC-registered doctor can document an absence where an NHS fit note is not yet available, where the employee cannot get a timely GP appointment, or where the employer has asked for evidence during the first 7 days.

MedicalCert certificates are reviewed and signed by GMC-registered doctors. Approval is a clinical decision and is never guaranteed. Where a certificate is approved, most are issued same day or by 9AM the next day.

Get a Sick Note for Your Employee

What the Fit Note Tells the Employer

A fit note provides the employer with specific information: the medical condition affecting the employee's fitness for work, the period of the assessment, and whether the healthcare professional recommends adjustments such as altered hours, amended duties, or a phased return. Employers should treat the fit note as expert medical evidence and respond to its recommendations appropriately, particularly where the Equality Act 2010 duty to make reasonable adjustments may apply.

When SSP Ends and What Happens Next

SSP stops being payable when one of the following occurs: the employee returns to work, 28 weeks of SSP have been paid, or the employee's employment contract ends.

The SSP1 Form

Form SSP1 confirms that SSP has ended or is not payable, and allows the employee to claim state benefits such as Employment and Support Allowance (ESA) or Universal Credit. Employers must issue SSP1 in the following situations:

If SSP is ending unexpectedly, issue SSP1 within 7 days of SSP ending.
If SSP is expected to end before the sickness does (approaching the 28-week limit), issue SSP1 on or before the beginning of the 23rd week.
If the employee does not qualify for SSP at all, issue SSP1 within 7 days of their first day off sick.

Linked Periods of Sickness

If an employee returns to work and then falls ill again within 8 weeks (56 days), the second absence is treated as a linked period. In a linked period, the 28-week SSP clock continues from where it left off rather than resetting. The employer uses the AWE from the initial period of sickness for the linked absence. Entitlement also stops where a continuous series of linked periods has lasted more than 3 years.

Scenario: Linked Periods

Tom is off sick for 10 weeks, returns to work for 5 weeks, and then falls ill again. Because the gap between his two absences is less than 8 weeks, the second absence is linked to the first. Tom has already used 10 weeks of his 28-week SSP entitlement, so he has 18 weeks remaining. The employer does not need to recalculate AWE for the second absence.

After SSP Ends

If the employee is still too ill to work after 28 weeks of SSP, they may be eligible for state benefits. The employer's responsibility at this stage is to issue form SSP1 promptly and, where appropriate, to consider whether a return-to-work plan or reasonable adjustments under the Equality Act 2010 could support the employee's eventual return.

Fair Work Agency: The New Enforcement Body

The Employment Rights Act 2025 established the Fair Work Agency (FWA), a new single enforcement body for employment rights across England, Scotland, and Wales. The FWA launched on 7 April 2026, consolidating several existing enforcement functions, including HMRC's National Minimum Wage team, the Employment Agency Standards Inspectorate, and the Gangmasters and Labour Abuse Authority.

Statutory Sick Pay enforcement is expected to fall within the FWA's remit in due course, but that transfer has not yet taken effect. It is widely anticipated from 2027, and the government has not confirmed an exact date. Until the transfer takes place, disputes about unpaid or incorrect SSP continue to be handled by HMRC. Once the FWA assumes responsibility for SSP, it will be able to investigate cases on its own initiative rather than only in response to an employee complaint, which is a significant shift from the previous HMRC dispute-only model.

Practical Implication for Employers

Day-one SSP entitlement and the removal of earnings thresholds mean there is now very little room for employer error. Incorrect calculations, missed payments, or failure to issue SSP1 forms are more likely to trigger complaints and, as enforcement tightens, formal action than under the previous system. Employers should ensure their payroll processes are accurate, that SSP is paid correctly from the first qualifying day of absence, and that sickness records are kept in good order.

Common Employer Scenarios

Employee Calls in Sick on Their First Week

A new employee who has an employment contract, has completed at least one shift, and is paid through PAYE is entitled to SSP from day one of their sickness absence. There is no minimum length of service required. If the employee has not yet been paid, the employer should use the employee's contracted rate or expected earnings to calculate 80% of AWE.

Employee on a Phased Return Falls Ill Again

An employee returning on reduced hours after a period of illness is entitled to SSP for each qualifying day they are absent due to sickness during the phased return, even if they are attending work on other days. Under the pre-April 2026 rules, the pattern of part-time attendance would often break the consecutive day requirement. The removal of waiting days means SSP is now payable on a day-by-day basis during phased returns.

Employer Suspects Absence Is Not Genuine

Employers are entitled to ask for evidence of sickness. For absences of 7 calendar days or less, self-certification is sufficient. For longer absences, a fit note provides the medical evidence. If an employer has reasonable grounds to doubt the validity of a fit note, they can request an occupational health assessment. However, overriding a fit note without strong justification carries significant legal risk, including potential claims for unfair dismissal or disability discrimination under the Equality Act 2010.

Employee's Contract Ends During Sickness

SSP entitlement ceases when the employment contract ends. However, employers must ensure that any dismissal during sickness absence follows a fair process. Dismissing an employee solely because they are receiving SSP could give rise to an unfair dismissal claim where the employee has the qualifying period of service. That period is two years at present and falls to six months on 1 January 2027 under section 25 of the Employment Rights Act 2025. A disability discrimination claim under the Equality Act 2010 needs no qualifying period at all. Employers should take legal advice before ending employment during a period of sickness absence.

SSP If You Have More Than One Job

If you work for more than one employer, each job is treated separately for Statutory Sick Pay. Every employer assesses your eligibility on its own and calculates SSP using your average weekly earnings in that job alone. This means you can receive SSP from more than one employer at the same time, provided you meet the eligibility criteria in each role.

Because each employment stands on its own, being too ill to do one job does not automatically mean you cannot do another. If you are well enough to attend one role but not another, SSP applies only to the job you are unable to do. You should follow each employer's sickness reporting procedure separately.

Scenario: Two Part-Time Jobs

Priya works two part-time jobs, both paid through PAYE. She is signed off with a chest infection and cannot attend either role. Each employer assesses her SSP separately using her average weekly earnings in that job. Priya receives SSP from both employers for the qualifying days she would normally have worked in each role.

SSP, Maternity and Parental Pay

Statutory Sick Pay does not run alongside Statutory Maternity Pay, Maternity Allowance, Statutory Paternity Pay or Statutory Adoption Pay, but which payment gives way depends on which one it is. There is no entitlement to SSP during the maternity pay period or the maternity allowance period, so maternity pay takes precedence. Paternity and adoption pay work the other way round: where an employee is entitled to SSP in a week falling within the paternity or adoption pay period, SSP is payable and the paternity or adoption pay is not payable for that week.

If you are off work with a pregnancy-related illness during the four weeks before your baby is due, your maternity leave and Statutory Maternity Pay usually start automatically. This rule exists to protect your pay and leave entitlements in the final weeks of pregnancy.

Once your maternity, paternity, or adoption pay comes to an end, you can claim SSP if you are still unable to work because of illness and you meet the standard eligibility criteria. Your employer assesses this as a new period of sickness in the normal way.

SSP During Strikes and Trade Disputes

Whether you can receive Statutory Sick Pay during industrial action depends on when your illness began.

If your sickness started before the industrial action began, you keep your right to SSP throughout the dispute, provided you continue to meet the eligibility criteria. Your illness, not the dispute, is the reason you are absent from work.

If your illness started after you were already off work because of a trade dispute, you cannot usually receive SSP. The one exception is where you had no direct interest in the dispute and did not take part in it at any stage. In most other cases, SSP is not payable for a period of sickness that begins during a stoppage of work you are involved in.

Earnings After a Dispute

If you return to work after industrial action and then fall ill, your SSP is based on your average weekly earnings over the previous 8 weeks. If your earnings were lower during the dispute, this can reduce the SSP you receive for a later period of sickness.

What to Do If Your Employer Will Not Pay SSP

Statutory Sick Pay is a legal entitlement, not something an employer can decline at will. If you meet the eligibility criteria and your employer refuses to pay, or pays the wrong amount, you have a clear route to challenge it.

Ask for a written explanation. Request that your employer sets out in writing why SSP has not been paid. Many disputes are simply the result of a payroll error or a misunderstanding about eligibility, particularly for part-time, agency, or multiple-job workers.
Get form SSP1. If your employer decides you are not entitled to SSP, they must give you form SSP1, normally within 7 days of your first day off sick. This form sets out their reasons and allows you to claim state benefits instead.
Contact HMRC. If you believe SSP has been wrongly refused or underpaid, you can ask HMRC's Statutory Payment Disputes Team to review the decision. HMRC currently handles SSP disputes and can decide how much you are owed and require your employer to pay it.

As enforcement of Statutory Sick Pay moves towards the new Fair Work Agency, penalties for employers who fail to pay SSP correctly are expected to become more significant. Keeping records of your sickness notification, any fit notes, and all correspondence with your employer will support your case if a dispute arises.

Frequently Asked Questions About Statutory Sick Pay

SSP for the 2026/27 tax year is £123.25 per week or 80% of the employee's average weekly earnings, whichever is lower. The daily rate depends on how many qualifying days the employee normally works. For a 5-day worker, the daily rate is £24.65.

Yes. From 6 April 2026, SSP is payable from the first qualifying day of sickness absence. The previous three unpaid waiting days have been abolished under the Employment Rights Act 2025. This applies to all new sickness absences starting on or after 6 April 2026.

No. SSP is a statutory entitlement, not discretionary. If an employee meets the eligibility criteria, the employer must pay SSP. Refusal to pay SSP when it is due can result in the employee raising a dispute with HMRC, which currently handles SSP disputes. The Fair Work Agency, launched on 7 April 2026, is expected to take over SSP enforcement in due course, widely anticipated from 2027. If the employee does not qualify, the employer must issue form SSP1 with written reasons within 7 days of their first day off sick.

No. There is no current provision for employers to reclaim SSP costs. The employer bears the full cost of SSP payments. This has been the case since the SSP Percentage Threshold Scheme was abolished in 2014. The temporary Covid-19 SSP Rebate Scheme has also ended.

Yes. From 6 April 2026, all employees classed as employed for tax purposes are eligible for SSP regardless of their earnings level. The previous lower earnings limit of £125 per week has been removed. Part-time workers, zero-hours contract workers, and casual workers who have an employment contract and have done some work for their employer all qualify.

SSP is payable for up to 28 weeks in a single period of sickness or across linked periods. Periods of sickness that are 8 weeks or less apart are linked, and the 28-week clock continues from where it left off. When SSP is expected to end before the sickness does, the employer should issue form SSP1 on or before the beginning of the 23rd week so the employee can apply for state benefits.

Not for the first 7 calendar days. Employees can self-certify their illness for absences of 7 calendar days or less. For absences exceeding 7 consecutive calendar days, employers may request a fit note (Statement of Fitness for Work) from a registered healthcare professional. An employer may agree to accept another appropriate form of evidence instead of a fit note, but is not obliged to. SSP cannot be withheld simply because a fit note is late, although it need not be paid for days the employee was late in reporting the absence without good reason.

The Fair Work Agency is a new single enforcement body established by the Employment Rights Act 2025. It launched on 7 April 2026, consolidating several existing enforcement bodies. It is expected to take over state enforcement of SSP in due course, widely anticipated from 2027, though the government has not confirmed an exact date. Until then, SSP disputes continue to be handled by HMRC. Once the transfer takes effect, the FWA will be able to investigate complaints about unpaid or incorrectly calculated SSP, including on its own initiative, and employers found to be non-compliant will face penalties. Employers should ensure their payroll systems are accurately calculating SSP under the new rules.

When 28 weeks of SSP have been paid, the employer must issue form SSP1 to the employee. This form allows the employee to apply for government benefits such as Employment and Support Allowance (ESA) or Universal Credit. The employer should issue SSP1 on or before the beginning of the 23rd week if the employee is still off sick, or within 7 days if SSP ends unexpectedly. Statutory annual leave continues to accrue during sickness absence regardless of SSP status.

Yes. SSP is treated as earnings and is subject to income tax and National Insurance contributions. Employers must deduct tax and NI from SSP payments through the normal payroll process. SSP should appear as a separate item on the employee's payslip.

Yes. If you work more than one job, each employer assesses and pays SSP separately, based on your average weekly earnings in that job. Provided you meet the eligibility criteria with each employer, you can receive SSP from more than one at the same time.

It depends on timing. If your illness began before the industrial action started, you keep your right to SSP during the dispute. If your illness started after you were already off work because of a trade dispute, you cannot usually get SSP, unless you had no direct interest in the dispute and did not take part in it.

No. SSP is only for employees who pay Class 1 National Insurance through PAYE. Self-employed people and most gig economy workers are not eligible. If you cannot work because of illness, you may be able to claim new style Employment and Support Allowance (ESA) or Universal Credit instead.

Official Sources

Reviewed by Dr Maria Knobel

Medical Director, MedicalCert · GMC 7495073 · Last updated: 23 August 2026