Statutory Sick Pay Rights: What Changed in April 2026

If you are too ill to work, statutory sick pay is the legal minimum your employer must pay you. The rules changed significantly on 6 April 2026 under the Employment Rights Act 2025, and those changes are now in force: statutory sick pay is a day-one right, the three waiting days are gone, and the minimum earnings threshold has been removed. The result is that far more workers - including the lowest paid and those off for only a day or two - now qualify.

This guide explains who qualifies under the new rules compared with the old ones, how much you get, when it starts and how long it lasts, the fit note rules, how SSP differs from contractual sick pay, and what to do if your employer refuses to pay.

Who qualifies for statutory sick pay now?

To qualify for statutory sick pay you must be an employee, be off sick (or be treated as incapable of work), and tell your employer within their time limit. What changed in April 2026 is that two long-standing barriers were removed, so the gateway is now much wider.

The practical effect is significant. Under the old rules, a worker who earned below the lower earnings limit got nothing, and even those who qualified received nothing for the first three days. Now, a worker who is off sick for two days is entitled to SSP for both days, and there is no minimum amount they must earn first.

How much statutory sick pay will I get?

Under the current rules, your weekly statutory sick pay is the lower of:

• the flat statutory weekly rate, or
• 80% of your normal weekly earnings.

This "lower of" formula is the protection that was added when the earnings threshold was removed. Without it, removing the threshold could in some cases have meant a very low earner being paid SSP that exceeded their normal wage; the 80% cap prevents that, while still guaranteeing some sick pay to everyone.

The flat statutory rate is updated periodically by the government, so this guide does not quote a figure that could go out of date. Check the current weekly rate on GOV.UK: Statutory Sick Pay before relying on a number.

A worked example

Suppose the flat statutory weekly rate is set at a given amount, and a worker's normal weekly earnings are very low - say their normal weekly pay is £100.

1. Flat statutory rate: whatever GOV.UK currently shows.
2. 80% of normal weekly earnings: £100 x 80% = £80.
3. The worker receives the lower of the two, so £80 if that is below the flat rate.

A worker earning a normal full-time wage will instead receive the flat statutory rate, because that flat rate will be the lower of the two figures for them.

When does SSP start and how long does it last?

Statutory sick pay is now paid from the first qualifying day of your sickness - a qualifying day being a day you would normally have worked. The removal of the waiting days means there is no longer an unpaid gap at the start of a sickness absence.

SSP can continue for a maximum of 28 weeks for a single spell of sickness, or for "linked" periods of sickness that are close together. Once 28 weeks is exhausted, SSP stops, and you may need to look at other support such as Universal Credit or Employment and Support Allowance.

Do I need a fit note?

For the first seven days of sickness you can self-certify - you simply tell your employer you are unwell, often using their internal form. You do not need any medical evidence for this first week.

If your sickness lasts more than seven days, your employer can ask for a fit note (the document a GP or other healthcare professional issues, once called a "sick note"). A fit note can say you are not fit for work, or that you "may be fit for work" with adjustments. Importantly, an employer cannot simply refuse to pay SSP because a fit note arrives a little late; the entitlement turns on whether you were genuinely incapable of work.

How does SSP differ from contractual sick pay?

Statutory sick pay is the legal floor. Many employers offer occupational (contractual) sick pay that is more generous - for example full pay for a set number of weeks, then half pay. Check your contract and staff handbook.

• Occupational sick pay is whatever your contract promises. It usually absorbs SSP, so you receive the contractual amount, not the two added together.
• Statutory sick pay is the minimum you must receive if your contract offers nothing better, or once contractual sick pay runs out.

If your contract promises occupational sick pay and your employer does not pay it, that is a breach of contract or an unlawful deduction, separate from the SSP rules.

What if my employer refuses to pay statutory sick pay?

If your employer will not pay SSP you think you are owed, take these steps in order:

1. Raise it in writing. Set out the dates of absence and ask for the SSP due. Keep a copy. A short, factual grievance letter can help create a paper trail.
2. Ask HMRC to decide. HMRC's statutory payments dispute team can issue a formal decision on whether SSP is payable. This is the dedicated route for SSP disputes - see GOV.UK guidance on disagreeing with an SSP decision.
3. Consider an unlawful deduction claim. Non-payment of SSP can also be pursued at an employment tribunal as an unlawful deduction from wages. The mechanics of how those claims work - the series rule, the backstop, how to calculate what you are owed - are covered in our guide to unpaid wages and unlawful deductions.

Can I be dismissed for being off sick?

Being off sick does not protect you from dismissal in every case, but the law constrains what an employer can do.

• Capability dismissals. An employer may sometimes fairly dismiss for long-term or persistent sickness on grounds of capability, but only after a fair process - including medical evidence, consultation, and considering alternatives. A dismissal that skips these steps may be an unfair dismissal.
• Disability discrimination. If your sickness relates to a disability under the Equality Act 2010, your employer has a duty to make reasonable adjustments, and dismissing or penalising you because of disability-related absence may be unlawful discrimination. This is a substantial topic in its own right, covered in our guide to workplace discrimination.

What is the deadline to claim?

If you are pursuing unpaid SSP as an unlawful deduction, the time limit is 3 months less 1 day from the underpayment. If your sickness absence led to dismissal, the unfair dismissal time limit is also 3 months less 1 day from the dismissal date. These deadlines are strict, and missing one almost always bars the claim.

You must start ACAS Early Conciliation before issuing a tribunal claim, which pauses the clock. The full mechanics are in our employment tribunal deadlines guide.

Key takeaway

The April 2026 reforms turned statutory sick pay into a genuine day-one right with no earnings threshold and no unpaid waiting days, which means many workers who previously got nothing are now covered from their first day off. If you have been off sick recently and received no sick pay, it is worth checking your entitlement against the new rules and the current flat rate on GOV.UK - and raising it promptly if you think you have been underpaid.

This article is legal information, not legal advice. If your situation involves long-term sickness, possible disability discrimination, or dismissal, you may want to consider taking independent legal advice.