Understanding Statutory Sick Pay (SSP) In The UK
Statutory Sick Pay (SSP) is the legal minimum that most UK employees are entitled to when they cannot work due to illness. For 2025/26, SSP is paid at £118.75 per week for up to 28 weeks — paid by your employer, not the government, and subject to Income Tax and National Insurance. Understanding how SSP works, what triggers it, and when you may need medical evidence is essential whether you are an employee off sick or an employer managing absence.
2025/26 SSP rate: £118.75 per week. The Lower Earnings Limit (LEL) threshold is £125 per week — you must earn at or above this to qualify. SSP is not paid for the first three days (waiting days) unless you have a linked period of sickness within eight weeks.
Who Qualifies for Statutory Sick Pay?
To receive SSP you must meet all four of the following conditions at the point your sick leave begins:
- Employee status — you must be classed as an employee (not self-employed, a zero-hours worker without employer status, or a director with no employment contract)
- Earnings threshold — average weekly earnings must be at or above the Lower Earnings Limit (£125/week in 2025/26)
- Four-day qualifying rule — you must have been off sick for at least four consecutive days, including non-working days
- Notification and evidence — you must tell your employer within their required notification period and provide a fit note if requested after seven days of absence
Agency workers, casual workers, and employees on fixed-term contracts are generally entitled to SSP provided their average earnings meet the threshold. Zero-hours contract workers may qualify if their average earnings over the eight-week reference period are above the LEL.
What Are Waiting Days?
SSP does not start on the first day of sick leave. The first three qualifying days of illness are called waiting days — SSP is not payable for these days. SSP begins on the fourth qualifying day.
If you return to work and then fall ill again within eight weeks, the two periods of sickness are linked and waiting days do not apply again. This protects employees with recurring or chronic conditions from repeatedly losing three days pay at the start of each absence period.
| Day of Absence | SSP Status | Example (Mon start) |
|---|---|---|
| Day 1 | Waiting day — no SSP | Monday |
| Day 2 | Waiting day — no SSP | Tuesday |
| Day 3 | Waiting day — no SSP | Wednesday |
| Day 4 onwards | SSP payable | Thursday |
| After 28 weeks | SSP exhausted | Claim ESA/UC instead |
SSP Rates: 2024/25 vs 2025/26
The SSP rate is reviewed annually. Here is a comparison of recent rates alongside the earnings threshold:
| Tax Year | Weekly SSP Rate | Lower Earnings Limit | Max Weeks Payable |
|---|---|---|---|
| 2023/24 | £109.40 | £123/week | 28 weeks |
| 2024/25 | £116.75 | £123/week | 28 weeks |
| 2025/26 | £118.75 | £125/week | 28 weeks |
SSP is a flat-rate payment — it does not vary based on your normal salary. If your employer pays Occupational Sick Pay (OSP) above SSP, you will receive the higher amount. Your employment contract will state whether OSP applies and for how long.
How Long Does SSP Last?
SSP can be paid for a maximum of 28 weeks in any linked period of sickness. After 28 weeks, your employer must issue you with an SSP1 form within seven days. This form is used to claim Employment and Support Allowance (ESA) or Universal Credit. If you expect to be off for more than 28 weeks, begin the ESA/UC application process in the weeks before SSP ends, as processing times can run to several weeks.
Common mistake: Many employees assume SSP continues indefinitely. Once 28 weeks is reached, your employer has no legal obligation to continue paying SSP. You must apply separately for ESA or Universal Credit.
Medical Evidence and Fit Notes During SSP
For the first seven calendar days of sick leave, employees are permitted to self-certify — no formal medical evidence is required. After seven days, your employer is entitled to request a fit note from a registered clinician. The fit note states whether you are not fit for work, or may be fit for work with specific adjustments such as reduced hours, altered duties, or a phased return.
Since 2022, fit notes can be issued digitally and no longer require a handwritten signature — a digital stamp is sufficient. Employers must accept digital fit notes.
Online fit notes for SSP: If you cannot get a GP appointment quickly, a GMC-registered doctor can issue a fit note via an online consultation. This is legally valid and accepted by employers for SSP purposes. Get an online sick note from MedicalCert
When Can an Employer Refuse SSP?
Employers can withhold SSP only in limited, defined circumstances:
Below earnings threshold
Average weekly earnings below £125 (2025/26). Employer must issue SSP1 confirming ineligibility.
Less than four days off
If the absence is fewer than four consecutive days including non-working days, SSP is not triggered.
Late notification
Failure to notify within the employer’s stated deadline without good reason may result in SSP being withheld.
SSP already exhausted
If 28 weeks of SSP has already been paid in a linked period, no further SSP is payable.
Disputed incapacity
If there are reasonable grounds to doubt incapacity and the employee refuses to provide evidence, SSP may be withheld following a formal process.
Maternity disqualifying period
SSP is not payable for pregnancy-related absence in the four weeks before the expected week of childbirth.
SSP vs Occupational Sick Pay: Key Differences
SSP is the statutory minimum. Many employers go beyond this by offering Occupational Sick Pay (OSP), which pays a proportion of normal salary during illness. OSP is not legally required — it is a contractual benefit set out in your employment contract or staff handbook.
| Feature | Statutory Sick Pay | Occupational Sick Pay |
|---|---|---|
| Legal requirement | Yes | No — contractual |
| Amount | £118.75/week (2025/26) | Varies — often % of salary |
| Duration | 28 weeks maximum | Varies — set by employer |
| Who pays | Employer (not government) | Employer |
| Waiting days | 3 waiting days apply | May start from day 1 |
| Taxable | Yes | Yes |
If your employer provides OSP above SSP, you receive OSP. When OSP ends before SSP is exhausted, your employer must revert to paying SSP until the 28-week limit is reached.
Steps to Take When You Go Off Sick
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Notify your employer as soon as possible — most require notification on the first day of absence before a set time. Check your contract for the deadline and who to contact.
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Self-certify for the first seven days — complete your employer’s self-certification form (or the HMRC SC2 form) covering the period of absence.
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Obtain a fit note after seven days — book a GP appointment or request a fit note via an online doctor service and provide it to your employer promptly.
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Keep records of all communication — note the dates you notified your employer, submitted self-cert forms, and provided fit notes in case a dispute arises.
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Discuss return-to-work options — your employer may arrange occupational health review or a phased return. Engage constructively with any reasonable adjustments offered.
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Apply for ESA or UC if SSP runs out — begin the DWP application before SSP ends. You will need the SSP1 form your employer is required to issue.
SSP and Mental Health Absence
SSP applies equally to mental health conditions. An employee signed off with stress, anxiety, depression, or burnout is entitled to SSP on exactly the same basis as someone with a physical injury — provided the qualifying criteria are met.
The fit note does not need to state a specific diagnosis. A clinician can write “a medical condition” without specifying the nature of the illness, and employers cannot require further disclosure beyond what is on the fit note for SSP purposes. Learn more about stress leave certificates →
What Happens When SSP Ends?
When SSP ends, your employer must issue form SSP1 within seven days. With this form you can apply for Employment and Support Allowance (ESA) if you have sufficient National Insurance contributions, Universal Credit if you are already on UC or not entitled to ESA, or Personal Independence Payment (PIP) if your condition affects daily living or mobility on a longer-term basis.
SSP for Employers: Key Obligations
Employers cannot reclaim SSP from HMRC — the Small Employers Relief scheme was abolished in 2014. SSP is a direct employer cost. Key obligations include paying SSP on the same day as normal wages, keeping records for at least three years, issuing SSP1 when SSP ends, and considering reasonable adjustments for employees with disabilities or long-term health conditions under the Equality Act 2010.
Dismissal risk: Dismissing an employee solely because they are receiving SSP is likely to be unfair dismissal if they have two or more years of continuous service. An employer must follow a fair process, including consideration of reasonable adjustments and medical evidence, before taking any dismissal action.
Need a Fit Note for Your SSP Claim?
After seven days off sick, your employer can request a fit note as evidence of illness. GMC-registered doctors can issue fit notes online — no in-person appointment needed.
Frequently Asked Questions About SSP
Can I get SSP if I am on a zero-hours contract?
Possibly, yes. Zero-hours contract workers can qualify for SSP provided they are classed as employees and their average weekly earnings over the eight-week reference period are at or above the Lower Earnings Limit (£125/week in 2025/26). If you earn below the threshold in a given reference period, you will not qualify — your employer must issue an SSP1 form confirming ineligibility.
Do I need a doctor’s note for SSP from day one?
No. For the first seven calendar days of any sick leave period, you are allowed to self-certify — no medical evidence is needed. Only after seven days of continuous absence can your employer request a formal fit note. Some employers ask for a self-certification form for absences of four or more days, but they cannot legally require a doctor’s note before the seven-day mark.
What happens if my employer refuses to pay SSP?
If your employer refuses to pay SSP and you believe you are entitled, contact HMRC’s Statutory Payment Disputes team. HMRC can require your employer to pay SSP and impose penalties for unlawful withholding. Your employer must give you written reasons for not paying (usually SSP1) within seven days. Citizens Advice and ACAS can provide guidance if you wish to dispute the decision.
Can I claim SSP and Universal Credit at the same time?
Yes. SSP and Universal Credit can be claimed simultaneously. SSP counts as income for UC purposes, so your UC award will be reduced through the taper rate, though you may still be better off overall. If you are already on UC when you become ill, inform the DWP promptly — work-related requirements are paused during periods of incapacity.
Is SSP changing in 2026?
The Employment Rights Bill, progressing through Parliament as of early 2026, proposes removing the three waiting days and the Lower Earnings Limit so that SSP would apply from day one and cover lower-paid workers. These changes had not yet come into force. Check HMRC and GOV.UK for confirmed implementation dates before making payroll or HR decisions based on the proposed reforms.
How does SSP work during pregnancy?
SSP can be paid for pregnancy-related illness up until four weeks before the expected week of childbirth. After that disqualifying period begins, Statutory Maternity Pay or Maternity Allowance applies instead. For non-pregnancy-related illness during pregnancy, normal SSP rules apply. Seek advice from ACAS if you are uncertain about your specific situation.
Can my employer ask what illness I have when claiming SSP?
Your employer can ask, but you are not obliged to disclose your specific diagnosis. A fit note stating “a medical condition” is sufficient for SSP purposes. Employers must treat health information as sensitive personal data under UK GDPR. If your employer is pressuring you for detailed medical information beyond what is on the fit note, seek advice from ACAS or your trade union representative.