In what circumstances can employees claim statutory sick pay?

Employees are entitled to statutory sick pay (SSP) if they:

• have worked for the employer under a contract of employment (including "employed earners", see below);
• have not been in receipt of certain state benefits within a specified time period;
• are incapable of doing their work on the day; and
• show their employer evidence that they are sick, if such evidence is required by the employer.

Entitlement lasts for up to 28 weeks per period of incapacity for work (or linked periods of incapacity for work).

The definition of employee for the purposes of SSP includes individuals working under a contract of service who are "employed earners", where they are liable to pay Class 1 national insurance contributions. This can include agency workers.

Before 6 April 2026, to be eligible for SSP, an employee must have had earnings of at least the lower earnings limit for national insurance contributions and have been incapable of work for at least four consecutive days.