Amongst all the talk about the big changes to the employment law landscape over the last few months, the potential impact of a seemingly small change to how statutory sick pay (SSP) will operate going forward has the potential to slip under the radar for many employers.
From 6 April 2026 (yes, that’s in 2 weeks’ time!), employees no longer have to have 3 days off sick before being eligible for SSP, known as ‘waiting days’ (check your contracts/handbooks, they may still say SSP is payable from the 4th day of absence). Instead, they will get their SSP from day 1 of their sickness absence. This means employees will be eligible for full SSP for short one to three day absences as well.
Coupled with the removal of the waiting days, the reforms mean that there will also no longer be a lower earnings limit. Currently, you have to earn at least 125 per week to qualify for SSP.
A recent ACAS survey on how employers feel about the changes brought about by the new Employment Rights Act 2025 (ERA) highlights the issue of sick pay changes, with 43% of employers saying that workers getting sick pay for the first day of illness, rather than the fourth day, would have the biggest impact on them.
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