1. Is an employee entitled to statutory sick pay if they are off sick on their first day of work?

No. To be eligible for statutory sick pay (SSP) an employee must have performed some work for the employer under their employment contract (sch.11 to the Social Security Contributions and Benefits Act 1992).

So, although SSP is a day-one right, this does not apply to the employee's first day of work.

An employee will be eligible for SSP on their first day if they had previously worked for the employer under a different contract and there is a gap of no more than eight weeks before the start of the new contract.

Is an employee entitled to statutory sick pay if they are off sick on their first day of work?

New Webinar: Employment Rights Act 2025: Unfair dismissal changes

Are your probationary processes ready for 1 July?

When: 13 May 2026
Duration: 60 min

From 1 January 2027, unfair dismissal protection drops to six months and the compensation cap is scrapped—raising the stakes for every hire—so join Darren Newman to understand the impact, prepare your HR response, and get your questions answered live.