Understanding Statutory Sick Pay (SSP)
Statutory Sick Pay (SSP) is a legal right for employees in the UK, designed to provide a basic level of income if you’re unable to work due to illness. If you meet the eligibility criteria, your employer must pay you SSP for up to 28 weeks. This payment acts as a financial safety net, ensuring you don’t lose all your income when you’re unwell and unable to earn your usual wages.
Understanding how SSP works is crucial for anyone in employment. Knowing your rights can help you make informed decisions if you need to take time off sick, and ensures you receive the correct amount of pay. The rules around SSP – including who qualifies, how much you’re entitled to, and how it’s calculated – are set out in UK law, specifically the Social Security Contributions and Benefits Act 1992 and related regulations. For a full overview of the legal framework and the latest rates, you can refer to the official Statutory Sick Pay regulations.
Employers are responsible for working out your SSP, but it’s important to check that you’re being paid correctly. SSP is currently paid at a fixed weekly rate, regardless of your usual earnings, as long as you meet the minimum earnings threshold. If your employer offers a company sick pay scheme, you might receive more than the statutory minimum – so it’s always worth checking your employment contract.
Many people have questions about how SSP fits into the wider picture of workplace rights. For example, how does SSP interact with other benefits, or what happens if you need to take extended sick leave? For a broader understanding of your entitlements and how sick pay fits within overall employment benefits, you may find it helpful to explore Sick Leave and Sick Pay as well as the relevant section in Employment Benefits: UK Legal Overview.
By familiarising yourself with SSP, you can be better prepared if you need to take time off work due to illness, and ensure your employer meets their legal obligations. If you’re ever unsure about your rights or how your pay should be calculated, seek advice or consult the official guidelines.
Eligibility for Statutory Sick Pay
To qualify for Statutory Sick Pay (SSP) in the UK, you must meet certain criteria set out by employment law. SSP is a legal minimum payment employers must provide to eligible employees who are off work due to illness. Understanding whether you qualify is the essential first step before working out how much SSP you should receive.
Who Can Get Statutory Sick Pay?
You are generally entitled to SSP if:
- You are classed as an employee and have done some work for your employer under a contract of employment (including agency workers).
- You earn on average at least £123 per week (before tax) in the eight weeks before you fall ill. If you have not been employed for a full eight weeks, your employer will use your actual earnings to work out if you meet the threshold.
- You have been off sick for at least four consecutive days (including non-working days). The first three days are known as ‘waiting days’ and SSP is paid from the fourth day onward.
Agency workers are also entitled to SSP, provided they meet the earnings and sickness criteria.
Linked Periods of Sickness
If you have regular periods of sickness, these may be counted together as ‘linked’ if each period lasts four or more days and they are eight weeks or less apart. However, you will no longer be eligible for SSP if you have a continuous series of linked periods that lasts more than three years.
What If You Don’t Qualify?
If you do not meet the eligibility criteria – for example, if your earnings are below the threshold or you have already received the maximum duration of SSP – your employer must provide you with form SSP1 within seven days of your first day off sick, or within seven days of your SSP ending if it ends unexpectedly while you are still unwell. This form will help you claim other benefits, such as Employment and Support Allowance.
Confirming Your Eligibility
Before you start calculating your SSP, it is important to check you meet all the requirements. For a comprehensive overview of the specific rules, including exceptions and examples, see our detailed guide to Eligibility for Statutory Sick Pay. You can also visit the official government page on Statutory Sick Pay (SSP) eligibility criteria for up-to-date information and guidance.
If you’re unsure about your employment status or how sick pay fits into your wider rights at work, our Sick Leave and Sick Pay section provides further context on employment benefits in the UK.
Understanding your eligibility is the first step to ensuring you receive the support you’re entitled to when you’re unwell. Always check with your employer if you have any doubts about your SSP entitlement.
How Statutory Sick Pay is Calculated
When you are off work due to illness, Statutory Sick Pay (SSP) provides a financial safety net. Understanding how SSP is calculated can help you plan your finances and ensure you receive the correct amount.
The SSP Weekly Rate
The UK government sets a fixed weekly rate for SSP, which is reviewed each tax year. For the 2024/25 tax year, the standard SSP rate is £116.75 per week. This rate applies to eligible employees who are off sick for four or more consecutive ‘qualifying days’. The government announces any changes to the SSP rate each April.
Calculating SSP Based on Your Average Weekly Earnings
To qualify for SSP, your average weekly earnings must be at least equal to the Lower Earnings Limit (LEL) for National Insurance contributions, which is £123 per week for 2024/25. Your employer will calculate your average weekly earnings over the eight weeks before you go off sick. If your earnings meet or exceed the LEL, you are entitled to SSP.
Understanding ‘Qualifying Days’
‘Qualifying days’ are the days you normally work for your employer. SSP is only paid for these days. However, SSP is not paid for the first three qualifying days you are off sick – these are known as ‘waiting days’. SSP payments start from the fourth qualifying day of your sickness absence.
For example, if you usually work Monday to Friday and are off sick from Monday, your qualifying days would be Monday to Friday. You would not receive SSP for Monday to Wednesday (the waiting days), but you would start receiving SSP from Thursday onwards.
How SSP is Paid
SSP is usually paid in the same way as your normal wages – weekly, monthly, or according to your employer’s usual payroll schedule. It is subject to tax and National Insurance in the same way as your regular pay. Your employer should clearly show SSP payments on your payslip.
Example SSP Calculation
Let’s look at a practical example:
Scenario:
- You work Monday to Friday (5 qualifying days per week).
- You earn £350 per week (above the LEL).
- You are off sick for 7 consecutive working days (Monday to the following Tuesday).
Calculation:
- First 3 days (Monday–Wednesday): Waiting days – no SSP paid.
- Next 4 days (Thursday–Tuesday): SSP is paid.
To work out your daily SSP rate, divide the weekly rate by the number of qualifying days:
£116.75 (weekly SSP rate) ÷ 5 (qualifying days) = £23.35 per day (rounded to the nearest penny).
For 4 paid days:
4 x £23.35 = £93.40 SSP for this period.
For more detailed guidance, including how to handle irregular working patterns or multiple periods of sickness, see the official Statutory Sick Pay calculation resource from GOV.UK.
Comparing SSP with Other Statutory Payments
If you are interested in how SSP compares with other statutory payments, such as maternity pay, you may find our guide on How to Calculate Your Statutory Maternity Pay helpful.
Understanding how SSP is worked out ensures you know your rights and what to expect financially when you need to take time off due to illness. If you have further questions, your employer’s HR department or a legal adviser can provide additional support.
Calculating Your Average Weekly Earnings
Calculating your average weekly earnings is a crucial first step in working out whether you qualify for Statutory Sick Pay (SSP) and how much you’ll receive. Your average weekly earnings are used to check if you meet the Lower Earnings Limit (currently £125 per week) and to determine the correct amount of SSP.
What Counts as Average Weekly Earnings?
Your average weekly earnings are based on your gross pay – that is, your pay before tax and other deductions – over a specific period. This includes all earnings on which Class 1 National Insurance contributions are due, or would be due if your pay was high enough. This means you should include:
- Basic salary or wages
- Overtime
- Bonuses and commission
- Statutory payments (such as maternity pay, if paid during the relevant period)
- Certain allowances
If you participate in a salary sacrifice scheme (for example, for childcare vouchers), your average weekly earnings are calculated using your pay after the salary sacrifice has been deducted, as only the earnings actually paid and subject to National Insurance are counted.
Which Pay Periods Should Be Included?
The pay period used for calculating your average weekly earnings is usually the eight weeks immediately before the week you go off sick. This is sometimes known as the “relevant period.” If you’re paid monthly, this may cover your last two payslips; if you’re paid weekly, it will be the last eight.
If you haven’t been paid for the full eight weeks – for example, if you’ve just started your job – your average is calculated based on however many weeks you have been paid. If no wages have been paid yet, your contractual earnings (the amount you should be paid as set out in your contract) are used instead.
For more detailed guidance and worked examples, see the official Average Weekly Earnings calculation on GOV.UK.
Why Are Average Weekly Earnings Important for SSP?
To qualify for SSP, your average weekly earnings in the relevant period must be at least equal to the Lower Earnings Limit set by the government (£125 per week for the 2023/24 tax year). If your average falls below this threshold, you won’t qualify for SSP, even if you meet all other eligibility criteria.
If your pay varies – for example, because of irregular hours or commission – your employer will still use the average over the relevant period. For example, if you received pay for 2 weeks and 3 days (17 days) before your sickness began, your employer would divide your total gross earnings for those 17 days by 17, then multiply by 7 to get your average weekly earnings.
If you’re interested in how average weekly earnings are used in other statutory payments, such as maternity pay, you may find it helpful to read about Determining Your Average Weekly Earnings for maternity pay as well.
Key Points to Remember
- Your average weekly earnings are calculated before tax and deductions, but after any salary sacrifice arrangements.
- The calculation usually covers the 8 weeks before your sickness began.
- All earnings liable for National Insurance are included.
- If you haven’t been paid for the full 8 weeks, use the actual period paid or your contractual earnings.
- Meeting the Lower Earnings Limit is essential for SSP eligibility.
- Not being paid wages you’re entitled to does not remove your employer’s obligation to pay SSP if you otherwise qualify.
Understanding how your average weekly earnings are worked out helps ensure you receive the correct SSP and know your rights if you’re off work due to illness.
Qualifying Days and Waiting Days
Qualifying Days and Waiting Days
Understanding how Statutory Sick Pay (SSP) is calculated starts with knowing the difference between qualifying days and waiting days. These rules determine when and how much SSP you are entitled to receive if you are too ill to work.
What Are Qualifying Days?
Qualifying days are the days you normally work and would be paid for under your employment contract. For most people, these are your usual working days each week. For example, if you work Monday to Friday, those five days are your qualifying days. If you work part-time on Mondays, Wednesdays, and Fridays, only those days count as qualifying days for SSP purposes.
If your working pattern is irregular, your employer and you should agree in writing which days count as qualifying days. This agreement helps avoid confusion and ensures your SSP is calculated correctly.
What Are Waiting Days?
The law states that SSP is not paid for the first three qualifying days you are off sick – these are called “waiting days.” This rule is set out in the Social Security Contributions and Benefits Act 1992. Waiting days are essentially an unpaid period at the start of your sickness absence.
For example, if you usually work Monday to Friday and you are off sick starting on a Monday, SSP would not be paid for Monday, Tuesday, and Wednesday (the first three qualifying days). Your SSP payments would start from Thursday, provided you are still off sick.
Exceptions to Waiting Days
There are some circumstances where you may not have to serve waiting days:
- Linked periods of sickness: If you have been off sick more than once within an 8-week period, and each absence lasted at least 4 days, your waiting days may be waived for the later absences. This means you could receive SSP from the first qualifying day of your new period of sickness.
- Recent sick leave: If you have recently served waiting days during a previous sickness absence, and your new absence is linked (within 8 weeks), you may not have to serve them again.
How Waiting Days Affect Your SSP Entitlement
Waiting days reduce the number of paid days you receive SSP for during your sickness absence. For example, if you are off sick for five qualifying days, you would only receive SSP for days four and five. If your sickness lasts longer, you will start receiving SSP from the fourth qualifying day onwards, up to a maximum of 28 weeks.
Employers must keep accurate records of your sickness absences and the qualifying days you have missed to ensure you receive the correct SSP entitlement.
Further Guidance
For a wider look at your rights regarding sick leave and how SSP fits into your overall employment benefits, visit Sick Leave and Sick Pay. This resource provides additional legal context and practical advice on related issues.
Understanding qualifying days and waiting days is key to knowing what you are entitled to when you are off sick. If you have questions about your specific working pattern or how your employer has calculated your SSP, consider discussing it with your HR department or seeking independent advice.
Pay Periods and SSP Payments During Sickness
Pay Periods and SSP Payments During Sickness
Statutory Sick Pay (SSP) is designed to support you financially if you are too ill to work. Understanding how SSP fits into your usual pay schedule, what happens if you are only off sick for part of a week, and how it interacts with other types of pay can help you plan and avoid surprises.
How SSP Fits Into Your Normal Pay Schedule
SSP is paid by your employer in the same way and on the same schedule as your normal wages. If you are usually paid weekly or monthly, your SSP will be included in your payslip for that period. This means you do not need to wait for a separate payment – SSP is simply part of your regular payroll.
The current weekly rate for SSP (as of April 2024) is £109.40 per week. You are entitled to SSP for up to 28 weeks, provided you meet the eligibility criteria. SSP is paid for the days you would normally work – these are called ‘qualifying days’. Your employer will calculate your SSP based on the qualifying days in your working pattern.
Being Sick Part of the Week or Partway Through a Day
If you are off sick for only part of a week, SSP is paid for each qualifying day you are off sick, after the first three ‘waiting days’. These waiting days are the first three days you are off sick and are not usually paid, unless you have been off sick and receiving SSP within the previous eight weeks.
If you go home sick halfway through a working day, that day will generally count as a sick day, but you will only be entitled to SSP if you are sick for at least four consecutive qualifying days (including non-working days). For more about what happens in this situation, see our page on Going Home Sick Halfway Through the Day.
SSP and Other Types of Pay or Benefits
SSP is intended to replace your usual earnings when you are off sick, but it does not always cover your full salary. Some employers offer additional ‘occupational’ or ‘company’ sick pay, which may top up your income during illness. If you receive both, your employer will usually pay company sick pay first, and if this is less than your normal pay, they will make up the difference with SSP.
You cannot receive SSP at the same time as certain other benefits, such as Employment and Support Allowance (ESA). If your SSP entitlement ends, or if you are not eligible for SSP, you may be able to claim other benefits. For an overview of how sick pay fits in with other employment rights and benefits, visit Sick Leave and Sick Pay.
Understanding these rules can help you make sure you receive the correct payments and know what steps to take if your circumstances change. If you are unsure about your entitlement or how your employer is calculating your pay, you can seek advice from your HR department or a legal professional.
Documentation and Reporting for SSP
When you’re off work due to illness, providing the correct documentation and reporting your absence to your employer is essential to qualify for Statutory Sick Pay (SSP). The rules around notification and evidence are set out in the Employment Rights Act 1996 and subsequent regulations, and following them closely helps ensure you receive the SSP you’re entitled to.
Notifying Your Employer
You must tell your employer as soon as possible if you’re unable to work due to sickness. Most employers have their own procedures for reporting absence – often requiring you to notify them before a certain time on your first day off. Failing to follow your employer’s notification policy could delay or even reduce your SSP payments, so it’s important to check your contract or staff handbook for the exact requirements.
Self-Certification for Short-Term Sickness
For sickness absences of up to 7 calendar days, you do not need to provide a doctor’s note. Instead, you can use self-certification to confirm your illness. This typically involves filling out a simple form stating the dates and nature of your sickness. Many employers provide their own forms, but if you need a template, you can find a Sick Self-Certification Form Template to help ensure you report your absence properly.
To learn more about when and how to use self-certification, see our guide on Self-Certification for Sickness.
When a Fit Note Is Needed
If your sickness lasts longer than 7 calendar days, your employer will require medical evidence – commonly known as a fit note or doctor’s note. This document, issued by a GP or another authorised healthcare professional, provides proof of your continued illness and may include advice about your ability to work or suggested adjustments. You can find further details about what qualifies as acceptable medical evidence in our section on Fit Notes and Doctor’s Notes.
For comprehensive information on how fit notes work, who can issue them, and how they relate to SSP, refer to the official Fit note guidance from GOV.UK.
How Documentation Affects Your SSP Payments
If you fail to notify your employer promptly or do not provide the required documentation, your SSP payments could be delayed or refused. Employers are only obligated to pay SSP from the date you provide proper notification and, where necessary, valid evidence of your illness. For example, if you are off sick for 10 days but only submit a fit note on day 8, your employer may only pay SSP from the date you supplied the fit note, unless you have a valid reason for the delay.
It’s also important to keep records of all correspondence and copies of any forms or fit notes you provide. This can help resolve any disputes about your entitlement to SSP.
For more on your rights when using a self-certification form, see Understanding Your Rights to Sick Pay When Using a Self-Certification Form.
By understanding and following the correct procedures for reporting sickness and supplying documentation, you can help ensure your SSP payments are processed smoothly and without unnecessary delays.
Special Circumstances Affecting SSP Calculation
When it comes to Statutory Sick Pay (SSP), certain circumstances can affect how your payments are calculated or whether you’re eligible at all. Understanding these special scenarios can help you plan and ensure you’re receiving the correct amount.
SSP and Pregnancy or Specific Health Conditions
If you’re pregnant, different rules may apply to your sick pay. For example, if you’re off sick with a pregnancy-related illness in the four weeks before your baby is due, your maternity leave and pay may start automatically, and SSP may end. This can affect how much you receive and when. To learn more about how pregnancy can impact your entitlement and calculations, see our guide on Sick Pay Rights During Pregnancy.
Certain long-term health conditions or disabilities do not automatically change your SSP entitlement, but if you’re off work for an extended period, you may need to consider other benefits or support. For a broader look at your rights and options, our overview of Employment Benefits: UK Legal Overview covers sick leave and related entitlements.
Being Off Sick During a Holiday Period
If you fall ill during a period you have booked as annual leave, you may still be entitled to SSP rather than using your holiday pay. In this case, you can usually ask to take your holiday at a later date. However, if your employer has declined your holiday request and you then call in sick, your entitlement and pay can be more complicated. For more on this scenario, see Calling in Sick on a Declined Holiday.
If your sickness absence is long-term, you might also be wondering how your holiday pay entitlement is affected. Our page on Holiday Pay Entitlement During Long-Term Sickness explains your rights to accrue and take holiday while off sick.
SSP Duration Limits and Extensions
SSP is not open-ended. By law, you can receive SSP for up to 28 weeks in any one period of sickness. After this, your employer is not required to continue SSP payments. If you’re still unwell after SSP runs out, you may be eligible for other benefits, such as Employment and Support Allowance (ESA). For a detailed look at how long SSP can last and what to do if you reach the limit, visit Statutory Sick Pay Duration and Extensions.
Understanding these special circumstances ensures you get the support you’re entitled to when you need it most. If your situation is complex or you’re unsure about your rights, it’s always a good idea to seek advice from your employer or a legal expert.
Additional Support and Related Topics
When you’re off work due to sickness, Statutory Sick Pay (SSP) is often just one part of the support available. Understanding your rights and the additional resources you can access can make a significant difference to your financial and emotional wellbeing during this time.
Other Employee Benefits During Sickness
Beyond SSP, you may be entitled to other forms of support from your employer or the government. Some companies offer enhanced sick pay schemes, which provide more generous payments than the statutory minimum. You might also be eligible for benefits such as Employment and Support Allowance (ESA) or Universal Credit, depending on your circumstances. To explore what else could be available to you, see our guide on Employee Benefits.
Mental Health and Your Rights at Work
Sickness absence isn’t always due to physical illness; mental health issues are a common reason for taking time off. Employers have a legal duty to support employees with mental health conditions under the Equality Act 2010. This might include making reasonable adjustments to your workload or working environment. If you’re struggling with your mental health at work or want to know more about your rights, our resource on Mental Health and Work: Your Rights provides practical advice and support options.
Sick Leave vs Annual Leave: Key Differences
It’s important to understand how sick leave differs from annual leave, especially when it comes to pay and entitlement. Sick leave is specifically for when you’re too unwell to work, and SSP rules apply. Annual leave, on the other hand, is paid time off for holidays or personal reasons. The way your pay is calculated will vary depending on which type of leave you’re using. For a detailed comparison and to see how each type of leave affects your pay, visit our page on Sick Leave vs Annual Leave.
Further Information and Support
If you need more detailed guidance about your rights during sickness absence, or want to understand how SSP fits into the wider context of workplace benefits, our section on Sick Leave and Statutory Sick Pay offers comprehensive information. You can also seek advice from your HR department, trade union, or organisations such as Citizens Advice for tailored support.
Taking time to understand your entitlements can help you plan financially and ensure you receive the support you’re entitled to while you recover.
