When a member of staff calls in sick, most small employers want to do the right thing — but the rules around Statutory Sick Pay and other leave can feel daunting. This guide gives you a clear, practical overview so you can act with confidence.
This article is general information, not legal advice. Employment and data rules change, so always check the latest guidance on GOV.UK or speak to a qualified adviser.
What Is Statutory Sick Pay?
Statutory Sick Pay (SSP) is the minimum amount you must pay an eligible employee when they are off sick. It is paid by you, the employer, not by the government. The rate changes from time to time, so always check the current weekly amount on GOV.UK before processing a payroll.
SSP does not kick in from day one. The first three days of absence are called waiting days — you do not pay SSP for these. Payment starts from the fourth qualifying day. If your employee is sick again within eight weeks of a previous spell, the two periods can be linked, which affects how waiting days are counted.
Who Qualifies for SSP?
Not every employee automatically qualifies. To be eligible, a worker must:
- Be classed as an employee (not self-employed or a worker on certain contracts)
- Have been ill for at least four consecutive days, including non-working days
- Earn at or above the Lower Earnings Limit — check the current threshold on GOV.UK
- Have told you they are ill within your stated notification deadline (or within seven days if you have not set one)
Some employees — for example those already receiving Statutory Maternity Pay — are not entitled to SSP at the same time. If an employee does not qualify, you must give them an SSP1 form explaining why, so they can claim other benefits if needed.
Fit Notes and Evidence
For absences of seven days or fewer (including weekends), you can ask employees to self-certify using a form or by completing your own process. After seven consecutive days, they need a fit note (sometimes called a sick note) from a doctor, nurse, pharmacist, physiotherapist, or occupational therapist.
A fit note may say the employee is "not fit for work" or "may be fit for work" with adjustments. If it suggests adjustments — such as reduced hours or changed duties — have a conversation with your employee. You do not have to agree to every suggestion, but you should consider them seriously and record your decision.
Treating sick leave fairly and consistently is one of the best things a small employer can do for staff morale — and it protects the business too.
SSP Payments and Record-Keeping
You must keep records of SSP payments as part of your payroll obligations. HMRC can ask to see these, so keep them for at least three years. Your records should show:
- The dates of each period of sickness
- The days you paid SSP
- The amount paid
- Any SSP1 forms you issued
You can no longer reclaim SSP from the government in most cases, though there was a temporary small-employer rebate scheme in recent years. Check GOV.UK for any current reclaim routes if you are a very small employer.
Other Statutory Leave You Need to Know
SSP is just one part of the leave picture. Here is a quick overview of other statutory leave types:
Annual Leave
Full-time employees are entitled to at least 5.6 weeks of paid holiday each year. This includes bank holidays if you choose to count them. Part-time workers get the same entitlement on a pro-rata basis. Holiday rules were updated in recent years to clarify entitlement for irregular-hours and part-year workers, so check the latest guidance if your team includes casual staff.
Maternity, Paternity and Adoption Leave
Eligible employees can take Statutory Maternity Leave of up to 52 weeks. Statutory Maternity Pay is paid for up to 39 weeks at rates set by the government — always confirm the current rate on GOV.UK. Paternity leave is currently up to two weeks, and adoption leave mirrors maternity leave for eligible employees. Shared Parental Leave allows parents to split some of the leave between them.
Parental Leave and Bereavement
Unpaid parental leave allows eligible employees to take time off to care for a child. Statutory Bereavement Leave applies when a parent loses a child under a certain age — check GOV.UK for the qualifying conditions and rates as these have been extended in recent years.
Being a Fair Employer
Even when you follow the law to the letter, how you handle absence matters. A clear absence policy, applied consistently, protects you and reassures your team. Consider setting out:
- How and when employees should report sickness
- Who they should contact and by what time
- What evidence you require and when
- How return-to-work conversations will be handled
Return-to-work conversations after any absence, even a short one, are a simple, low-cost way to support staff and spot patterns early. You are not required to hold them by law, but many employment advisers recommend them. If you are building your HR foundations, our guide to employment contracts covers how to document your policies in writing.
Quick Checklist
- Confirm the current SSP rate and Lower Earnings Limit on GOV.UK before each payroll run
- Apply the three waiting days rule correctly
- Issue an SSP1 form promptly when an employee does not qualify
- Request a fit note after seven consecutive days of absence
- Keep SSP records for at least three years
- Have a written absence policy and apply it consistently
- Check current rates for maternity, paternity, and other statutory pay each April
