Have You Updated Your Sickness Policy for Day One SSP?

The law on Statutory Sick Pay changed on 6 April 2026, and employers should already have reflected those changes in their sickness policy.

SSP is now payable from the first full day of sickness absence, rather than after three waiting days. Some businesses already offered contractual sick pay from day one, so the removal of waiting days may have had little practical effect for them. However, the Lower Earnings Limit has also been removed, which means eligible employees can qualify for SSP regardless of their earnings. For 2026/27, SSP is paid at 80% of average weekly earnings or £123.25 per week, whichever is lower.

What should employers have changed by now?

By now employers should have updated any sickness absence policy or staff handbook that still refers to waiting days or the previous earnings threshold, while payroll should also be applying the new entitlement correctly.

Employee-facing guidance should also be checked, as onboarding documents and intranet pages can retain outdated wording even after the main policy has been amended.

Employers with contractual sick pay arrangements should also check how those provisions sit alongside the new statutory entitlement, particularly where different terms apply to different groups of employees.

What if the employee is new?

SSP is usually calculated using average weekly earnings over an eight-week period, but a new starter does not need to have received eight weeks’ pay before they can qualify. Where an employee has worked for less than eight weeks, the calculation is based on the earnings they have actually received over the relevant period.

Day One SSP does not mean a fit note from day one

Although SSP is now payable from the first full day of sickness absence, the rules around medical evidence have not changed. Employees can still self-certify for the first seven calendar days of sickness, including weekends and bank holidays, and employers can generally only require a fit note once the absence lasts for more than seven days.

Review your sickness absence procedures with mlplaw

To help businesses understand whether their current absence procedures expose them to unnecessary risk, mlplaw is offering all clients a complimentary 15-minute Absence & Policy Review with one of our Employment Law specialists.

The review will consider:

• whether your current absence procedures reflect the latest legal changes
• any gaps or areas of potential risk
• practical improvements that could reduce the likelihood of future disputes
• whether your existing documentation would support your business if an absence issue escalated

Contact mlplaw’s Employment team to arrange your complimentary review.