What Is Statutory Sick Pay (SSP)?
Statutory Sick Pay (SSP) is the minimum amount your employer is legally required to pay you when you're off work due to illness. It acts as a financial safety net, ensuring that employees don't face immediate financial hardship simply for being unwell.
Many employers offer more generous contractual sick pay on top of the statutory minimum, but SSP represents the legal floor below which no qualifying employee can fall.
Who Qualifies for SSP?
To be eligible for SSP, you generally need to meet all of the following criteria:
- You are classed as an employee (not a self-employed contractor).
- You have been off sick for at least 4 consecutive days (including non-working days).
- You earn at or above the lower earnings limit (a threshold set by the government each tax year).
- You have notified your employer within their required timeframe.
Note: Agency workers, casual workers, and zero-hours contract employees may also qualify if they meet the earnings threshold.
How Much Is SSP and How Long Does It Last?
The rate of SSP is set by the government and reviewed periodically. It is paid per week for up to 28 weeks in any one period of sickness, or for linked periods of sickness.
The first three qualifying days (called "waiting days") are typically unpaid under SSP rules, though some employers waive these and pay from day one as part of a more generous policy.
What Happens When SSP Runs Out?
If you're still ill after 28 weeks of SSP, you may be able to claim state benefits. Your employer should provide you with an SSP1 form, which you'll need to support any benefits application. Depending on your circumstances and location, you may be eligible for:
- Employment and Support Allowance (ESA) or its equivalent.
- Universal Credit (if your income is below the threshold).
- Personal Independence Payment (PIP) if your illness causes disability.
Contractual Sick Pay vs. Statutory Sick Pay
| Feature | Statutory Sick Pay (SSP) | Contractual Sick Pay |
|---|---|---|
| Set by | Government legislation | Employer (must be equal to or exceed SSP) |
| Amount | Fixed weekly rate | Often full or partial salary |
| Duration | Up to 28 weeks | Varies by employer policy |
| Waiting days | Typically 3 unpaid days | Often paid from day one |
Can Your Employer Refuse to Pay SSP?
An employer cannot refuse to pay SSP if you meet the qualifying conditions. If you believe your employer is wrongly withholding SSP, you have the right to raise a formal grievance and, if necessary, make a complaint to the relevant government body or employment tribunal.
Key Tips
- Always follow your employer's procedure for reporting sickness — failing to notify on time can jeopardise your entitlement.
- Obtain a fit note (sick note) from your GP for absences lasting more than 7 days.
- Check your employment contract — you may be entitled to more than the statutory minimum.
- Keep records of all sick leave periods and any correspondence with your employer.