Statutory Sick Pay: what’s changed and what HR must do now

An overview of SSP changes, the actions HR teams need to take now, and practical tools to support consistent decision‑making.

Extended eligibility for statutory sick pay (SSP)

From 6 April 2026, the Employment Rights Act 2025 made SSP available to all workers, by removing:

the three-day waiting period, so SSP is payable from the first day of a period of sickness; and
the requirement to earn at least the lower earnings limit.

Employees are now entitled to the current rate of SSP, or 80% of their average weekly earnings if that is lower.

What can HR do now?

Review your budget: If your organisation currently pays only SSP, prepare for an increase in costs resulting from more employees being eligible, and payment being required for the first few days of absence.
Audit current practice: Prepare for a potential increase in short-term absence (and decrease in presenteeism). Ensure that current absence management processes are effective and provide training for line managers where necessary.
Review benefit provision: Weigh up the potential positive impact on recruitment and retention of introducing an enhanced contractual sick pay scheme. If you already enhance sick pay, consider whether your scheme remains an attractive benefit, or whether further enhancement is an option.

Over half of organisations (54.1%) expect an increase in overall sickness and absence costs following the statutory sick pay reforms introduced in April 2026

Brightmine Sickness absence rates and management research 2026

Does the employee still have to be off sick for four days or more to get SSP from day one?

A: No. The three-day "waiting period" for SSP will be abolished from April 2026. SSP will be payable from the first qualifying day of absence.

How will the SSP changes affect zero-hour contract workers?

A: SSP is already payable to zero-hour contract workers if they are engaged under a contract to provide work and are paid via PAYE. The changes do not alter that - although the removal of the lower earnings limit and the abolition of the three-day waiting period are likely to mean that more such workers actually receive SSP when they are ill.

How will SSP work for casual workers? In effect, they can pick up shifts, go off sick and then be paid and go and work somewhere else - is that correct?

A: Casual workers who count as employees for the purposes of SSP (essentially those who are paid under PAYE) will be entitled to SSP from the first day of their period of incapacity for work. However, they will only be paid in respect of days of absence that are "qualifying days". It is up to the employer and employee to agree what the qualifying days in a week are. Typically they are the days when the employee is required to work. But there must be at least one qualifying day in a week. If the parties agree that there is no requirement to work in a particular week but there is no agreement as to what the qualifying days are, then Wednesday is deemed to be the only qualifying day (see Reg 5 of the Statutory Sick Pay (General) Regulations 1982).
So if it is agreed that an employee will work on a particular day but is incapable of work, SSP will be payable. If they were to go and do similar work somewhere else on that day, then they would not be incapable of work and would not be entitled to SSP.

SSP: common questions and practical scenarios

Statutory sick pay (SSP) is being described as a new day-one right - but is an employee entitled to statutory sick pay if they are off sick on their first day of work?

No. To be eligible, an employee must first have performed some work for the employer under their contract.

What do you think will be the most significant impact of the new SSP rules on your organisation?

The financial cost
The administrative burden
The need to update absence management processes

Does your organisation currently use return-to-work meetings with employees after each absence?

Always
Never
Sometimes