From 6 April 2026, statutory sick pay (SSP) is £123.25 per week, payable from the first day of illness — the three-day waiting period has been abolished. All employees now qualify regardless of their earnings level. Workers earning below approximately £154.06 per week receive 80% of their average weekly earnings instead of the flat rate. These changes were introduced by the Employment Rights Act 2025. Updated June 2026.
Source: Social Security Contributions and Benefits Act 1992, s.157 (as amended by Employment Rights Act 2025); acas.org.uk/checking-sick-pay.
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The Employment Rights Act 2025 made the most significant changes to statutory sick pay since its introduction. From 6 April 2026: the three-day waiting period was abolished; the lower earnings limit was removed so all employees qualify; and a proportionate payment method was introduced for lower earners (80% of average weekly earnings where that is less than £123.25). Approximately 1.3 million additional workers are now eligible for SSP under the new rules.
From 6 April 2026, SSP is £123.25 per week or 80% of your average weekly earnings, whichever is lower. For most employees earning £154.06 or more per week, the flat rate of £123.25 applies because it is lower than 80% of their average earnings. Employees earning below £154.06 per week receive 80% of their average weekly earnings — £154.06 is the mathematical point at which 80% of earnings equals the flat rate (£154.06 × 80% = £123.25), not a statutory earnings threshold you must reach. There is no minimum earnings level to qualify for SSP from 6 April 2026. Source: SSCBA 1992, s.157 (as amended by Employment Rights Act 2025); gov.uk/statutory-sick-pay/what-youll-get.
When does SSP start in 2026?+
From 6 April 2026, SSP starts on the first qualifying day you are ill — there are no waiting days. Prior to this, the first three days of illness did not attract SSP. This change was made by the Employment Rights Act 2025. Source: Employment Rights Act 2025; gov.uk/statutory-sick-pay.
Do I need to earn above a threshold to get SSP?+
No. From 6 April 2026, the lower earnings limit has been removed. All employees qualify for SSP regardless of their earnings level, provided they are classed as an employee and are too ill to work. Source: Employment Rights Act 2025; acas.org.uk/checking-sick-pay.
How long can SSP be paid?+
SSP can be paid for a maximum of 28 weeks per period of incapacity for work. Two periods of sickness separated by fewer than 8 weeks are linked and treated as a single period for the 28-week count. After 28 weeks you may be able to claim Universal Credit or Employment and Support Allowance. Source: SSCBA 1992, s.157; acas.org.uk/checking-sick-pay.
What changed about sick pay under the Employment Rights Act 2025?+
From 6 April 2026, ERA 2025 abolished the three-day SSP waiting period and removed the lower earnings limit, so all employees qualify regardless of pay. Workers earning below approximately £154.06 per week now receive 80% of their average weekly earnings rather than the flat £123.25 rate. Around 1.3 million additional workers became eligible. Source: Employment Rights Act 2025, ss.1–10; acas.org.uk/checking-sick-pay.
Can an employer refuse to pay statutory sick pay?+
An employer cannot lawfully refuse to pay SSP to an eligible employee. If your employer believes you do not qualify, they must issue an SSP1 form explaining why. You can then use the SSP1 to challenge the decision with HMRC or to claim other benefits. If you believe SSP is being wrongly withheld, you can ask HMRC to decide whether it is payable. Source: Social Security Contributions and Benefits Act 1992, s.151; gov.uk/statutory-sick-pay/if-you-disagree-with-a-decision; acas.org.uk/checking-sick-pay.
Can I take annual leave while receiving statutory sick pay?+
Annual leave and SSP cannot run at the same time — you cannot be on sick leave and on annual leave simultaneously. However, annual leave continues to accrue throughout a period of sickness absence. If you are ill during a period of pre-booked holiday, you can request to reschedule the leave rather than having it counted as holiday. Source: Working Time Regulations 1998, reg.13; acas.org.uk/checking-sick-pay.