Overview
If you are eligible for statutory sick pay (SSP), your employer must pay that as a minimum.
It might be written in the contract that you get more than statutory sick pay. This can be called ‘company’, ‘contractual’ or ‘occupational’ sick pay.
Your employers can have a company sick pay policy that is discretionary. This means that they offer better pay for some sickness circumstances, but not for others.
If company sick pay is discretionary, your employer must say this in your written statements or employment contracts.
Employers must make sure a discretionary policy:
- does not discriminate against employees because of a protected characteristic, for example if they are disabled
- treats part-time employees the same as equivalent full-time employees
Statutory Sick Pay (SSP)
From 6 April 2026, Statutory Sick Pay (SSP) will be:
- available to all eligible employees regardless of their earnings (the Lower Earnings Limit has been removed).
- payable from the first full day of sickness absence
- paid at 80% of your average weekly earnings (AWE) or the uprated weekly flat rate of £123.25, whichever is lower
Agency workers are entitled to Statutory Sick Pay.
Telling your employer
You must usually tell your employer you’re unable to work before the deadline they set (or within 7 days if they have not set one).
You could lose some of your SSP if you do not tell your employer in time.
You will not qualify if you:
- have received the maximum amount of SSP (28 weeks)
- are getting Statutory Maternity Pay
You can still qualify if you started your job recently and you have not received 8 weeks’ pay yet. Ask your employer to find out more.
Linked periods of sickness
If you have regular periods of sickness, they may count as ‘linked’. To be linked, the periods must:
- last more than 3 days in a row
- be 8 weeks or less apart
You’re no longer eligible for SSP if you have a continuous series of linked periods that lasts more than 3 years.
Fit notes and asking for proof
You must give your employer a fit note if you’re off work for more than 7 days in a row (including non-working days).
You can get a fit note (sometimes called a sick note) from the following healthcare professionals:
- GP or hospital doctor
- registered nurse
- occupational therapist
- pharmacist
- physiotherapist
The note can be printed or digital.
If your employer agrees, you can get a similar document from a physiotherapist, podiatrist or occupational therapist instead of a fit note. This is called an Allied Health Professional (AHP) Health and Work Report.
A physiotherapist or occupational therapist will give you either a fit note or an AHP Health and Work Report depending on your needs.
If you’re not eligible or your SSP ends
You may be able to apply for Universal Credit or Employment and Support Allowance (ESA). You can use form SSP1 to support your application.
If your SSP is ending your employer must send you form SSP1 either:
- within 7 days of your SSP ending, if it ends unexpectedly while you’re still sick
- on or before the beginning of the 23rd week, if your SSP is expected to end before your sickness does
If you do not qualify for SSP your employer must send you form SSP1 within 7 days of your first day off sick.
If your employer says you are not entitled to SSP
Ask your employer to give you a written explanation of their reasons. They should give you this on a form called ‘statutory sick pay and an employee’s claim for benefit (SSP1)’. You should be given the form within 7 days of you going off sick. You’ll need the SSP1 form to claim benefits.
If your employer hasn’t given you form SSP1, you should first ask them for a written statement explaining why you can’t get SSP. You could also give them a copy of the form to fill in – you can get the SSP1 form on GOV.UK.
If your employer refuses to give you an SSP1, contact HMRC’s Statutory Payment Dispute Team. They’ll ask your employer why they think you’re not entitled to SSP.
You’ll need to have this information ready when you to talk to HMRC:
- your name, address and national insurance number
- your employer’s name and contact details
- your payroll number
- details of when you were off sick
- what your employer said when you asked for SSP and the SSP1 form
HMRC Statutory Payment Dispute Team
Telephone: 0300 322 9422
Textphone: 0300 200 3212
Monday to Thursday, 8.30am to 5pm
Friday, 8.30am to 4.30pm
Last Updated on June 2, 2026 by Ashford Advice