Statutory Sick Pay and Workplace Absence Rights : calculate what you are owed

SSP is a minimum level of pay that employers must provide to eligible employees who are off sick. It is governed by the Social Security Contributions and Benefits Act 1992 and related regulations.

Current SSP Rate

SSP is paid by your employer through the normal payroll. It appears on your payslip and is subject to tax and National Insurance. For up-to-date rates and eligibility details, see GOV.UK's SSP page.

Qualifying Days

SSP is only paid for qualifying days, which are the days you would normally be required to work. For most employees, this means Monday to Friday (or whatever your regular working pattern is).

The first 3 qualifying days of any period of sickness are waiting days, you are not entitled to SSP for these days unless you have been ill within the previous 8 weeks (in which case, the periods can be linked).

To be eligible for SSP, you must:

• Be an employee (not self-employed)
• Have done some work for your employer
• Earn at least the Lower Earnings Limit (LEL), £123 per week in 2025/26 (on average over the preceding 8 weeks)
• Have been ill for 4 or more consecutive days (including weekends and non-working days)
• Have notified your employer within the required timeframe

Who Cannot Get SSP?

You are not entitled to SSP if:

• You earn below the Lower Earnings Limit
• You are receiving Statutory Maternity Pay or Maternity Allowance
• You have already received 28 weeks of SSP
• You are within a disqualification period after involvement in a trade dispute
• You are in legal custody
• You are outside the EU/EEA and your employer is not liable for NI contributions

Workers on zero-hour contracts can qualify for SSP provided they meet the earnings threshold. The fact that you have no guaranteed hours does not automatically disqualify you.

Your employer can set reasonable rules about how and when you must report sickness, but they cannot require you to:

• Use a specific form before the 7th day of absence
• See a doctor before you would normally need to
• Provide more than self-certification for the first 7 days

Self-Certification (Days 1-7)

For the first 7 calendar days of sickness, you can self-certify. Many employers provide a self-certification form (SC2), or you can simply inform your manager. You do not need a doctor's note for this period.

Fit Note (Day 8 Onwards)

From the 8th calendar day of absence, you need a fit note (previously called a sick note) from a doctor or other authorised healthcare professional. Since July 2022, fit notes can also be issued by nurses, pharmacists, occupational therapists, and physiotherapists.

A fit note can state that you are either:

• Not fit for work, you should not be working at all
• May be fit for work, with suggested adjustments (e.g., altered hours, lighter duties, phased return, workplace adaptations)

Your employer should consider the fit note's recommendations, but they are not obliged to implement them if it is not reasonably practicable. If adjustments cannot be made, you continue to be treated as not fit for work.

Many employers offer contractual sick pay (also known as company or occupational sick pay) that is more generous than SSP. Common arrangements include:

These are illustrative, check your contract for your specific entitlement.

Contractual sick pay includes SSP (it is not paid on top). So if your employer pays you full salary when sick, they are already covering the SSP obligation.

Protection from Dismissal

Being off sick does not give your employer an automatic right to dismiss you. However, after extended absence, they may be able to dismiss you on grounds of capability, provided they follow a fair process.

Before dismissal, a reasonable employer should:

1. Obtain medical evidence (with your consent) about your condition and prognosis
2. Consider adjustments that would help you return to work
3. Consult with you about your situation and any support you need
4. Explore alternative roles if you cannot return to your original position
5. Follow the ACAS Code of Practice on sickness absence management, see also ACAS guidance on dismissals
6. Give appropriate notice if dismissal is the only option

If you have a disability within the meaning of the Equality Act 2010 (a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities), your employer has a duty to make reasonable adjustments. Failing to do so could constitute disability discrimination.

Holiday Accrual During Sickness

You continue to accrue your full statutory holiday entitlement while on sick leave. If you cannot take the holiday because of your illness, you can carry it over to the following leave year.

When SSP Runs Out

After 28 weeks of SSP, your employer's obligation ends. At this point, you may be able to claim:

• Employment and Support Allowance (ESA), for those with limited capability for work
• Universal Credit, which may include a limited capability for work element
• Personal Independence Payment (PIP), if your condition affects daily living or mobility

Your employer should send you form SSP1 at least 4 weeks before your SSP ends, which you can use to claim benefits.

Many employers use absence trigger points or the Bradford Factor to manage sickness absence. The Bradford Factor is calculated as:

B = S x S x D

Where S = number of separate absence spells in a period, and D = total number of days absent.

Example: Three separate absences totalling 10 days = 3 x 3 x 10 = 90 (high). One absence of 10 days = 1 x 1 x 10 = 10 (low).

While these systems are not unlawful in themselves, they can be discriminatory if they disproportionately affect workers with disabilities, pregnancy-related conditions, or those on maternity leave. Absences related to these should be excluded from trigger calculations.

If your employer refuses to pay SSP when you believe you are entitled to it:

1. Ask your employer for the reason in writing, they must issue you form SSP1 explaining why SSP is not payable
2. Check GOV.UK's SSP guidance to verify whether the refusal is correct
3. Dispute the decision with HMRC, you can ask HMRC to make a formal decision on your entitlement by contacting the Statutory Payment Disputes Team
4. Keep records of all your sick days, communications with your employer, and medical evidence
5. Consider a tribunal claim for unlawful deduction from wages if SSP has been wrongly withheld

When returning from sickness absence, employers commonly conduct a return-to-work interview. This is good practice and should cover:

• How you are feeling
• Whether you need any adjustments
• Whether any fit note recommendations should be implemented
• Updating you on any changes while you were away

You should not be made to feel unwelcome or pressured about your absence during this conversation.

Managing sickness absence is stressful, especially when you are unwell. PayeMesHeures helps you track your absence records alongside your payslips, ensuring that SSP is paid correctly, that your holiday continues to accrue, and that your return-to-work pay reflects all the hours you have worked. Look after your health, and let us look after the numbers.

Do I need a doctor's note (fit note) from day one of sickness?

No. For the first 7 calendar days, you can self-certify your absence. You only need a fit note from the 8th calendar day onwards. Your employer cannot insist on a doctor's note before this point.

Can I get SSP if I am on a zero-hour contract?

Yes, provided you meet the earnings threshold (at least £123 per week on average over the preceding 8 weeks). Having no guaranteed hours does not automatically disqualify you from SSP. See our guide on zero-hour contract rights.

Can my employer dismiss me for being off sick?

Not automatically. Long-term sickness may eventually justify dismissal on grounds of capability, but your employer must follow a fair process, including obtaining medical evidence, consulting with you, and considering reasonable adjustments. If you have a disability under the Equality Act 2010, additional protections apply. See ACAS guidance on dismissals for more information.

What happens when my 28 weeks of SSP run out?

Your employer should send you form SSP1 at least 4 weeks before your SSP ends. You may then be able to claim Employment and Support Allowance (ESA), Universal Credit, or Personal Independence Payment (PIP) depending on your circumstances. The Social Security Contributions and Benefits Act 1992 governs the SSP framework, and further benefits guidance is available on GOV.UK.