Sick Leave and Sick Pay: Your 2026 Rights Explained
Summary
- You're entitled to Statutory Sick Pay from the first day of illness, providing you are eligible
- You're entitled to Statutory Sick Pay for up to 28 weeks at the lower of £123.25 per week or 80% of your average weekly earnings
- Many workers whose employer has their own sick pay scheme qualify for enhanced sick pay above the statutory minimum.
- Grapple AI can help compel employers to pay what they actually owe you.
What You're Actually Entitled To From Day One
Every employee is eligible for Statutory Sick Pay (SSP) providing they meet the basic employment criteria.
There is no minimum weekly earnings threshold and you don't need to work a minimum number of hours or pass a probation period.
Your sick leave rights kick in automatically when you're too ill to work, from the first day of sickness. This applies regardless of whether the illness spans weekends or bank holidays.
Employers cannot apply waiting days or earnings thresholds below the statutory rules. SSP is a legal minimum, paid at the lower of 80% of average weekly earnings or the statutory weekly cap (£123.25).
So, if 80% of your weekly earnings is above £123.25, you'd get £123.25, but if it's below that amount, you'd get 80% of whatever you earned.
Whether you are a part time worker, temporary staff, or zero hours contract worker, you can qualify if you are classed as an employee. Your eligibility depends on your employment status rather than your working pattern or type of contract.
How Statutory Sick Pay Works Under The New Rules
Statutory Sick Pay in 2026 is payable for up to 28 weeks of illness. Your employer pays this directly through your normal payroll system.
Payment starts from the first qualifying day of sickness and continues for each qualifying day you're off. 'Qualifying days' mean your normal working days under your contract, not weekends - unless you usually work them.
You must notify your employer about your sickness within the number of days set down in your contract or workplace policy.
Medical evidence such as a fit note is usually required after 7 consecutive days of sickness, although employers may ask for earlier evidence in line with their policies.
SSP stops when you return to work, reach the 28-weeks maximum entitlement, or your employment ends. After 28 weeks, you may qualify for Employment and Support Allowance or Universal Credit instead.
What Our Clients Say
When Your Employer Owes You More Than SSP
Many employment contracts include enhanced sick pay schemes that pay far more than statutory minimums. Check your contract, employee handbook, or collective agreements for these terms.
Common enhanced schemes pay full salary for several weeks, then half pay, before dropping to SSP rates. Some employers offer different rates based on length of service.
Your employer cannot reduce contractual sick pay below statutory levels without proper consultation. Any attempt to cut existing sick leave rights may breach your contract terms.
Union agreements often secure better sick pay for all covered workers. These collective bargaining agreements override individual contract terms and provide stronger protection.
How Grapple AI Fights For The Sick Pay You're Owed
Grapple AI analyzes your employment contract and calculates exactly what sick pay you should receive. Our system spots when employers shortchange workers on statutory or enhanced rates.
We automatically generate legal demands that require employers to pay outstanding amounts. Most companies settle quickly rather than face tribunal proceedings for wage theft.
Our AI tracks every day of sick leave and payment due across different rate periods (eg your weekly earnings might change). This prevents employers from using complex calculations to reduce what they owe you.
Grapple secures backdated payments, ongoing corrections, and compensation for financial losses. We make employers pay the full cost of their sick pay violations.
Frequently Asked Questions
How Much Is Statutory Sick Pay In 2026?
Statutory sick pay is paid at the lower of £123.25 per week or 80% of your average weekly earnings. It is payable for up to 28 weeks, but the amount varies depending on earnings rather than being a fixed weekly rate for everyone.
Do I Get Sick Pay From The First Day Off?
Yes. From 6 April 2026, Statutory Sick Pay starts from the first qualifying day of sickness. It is paid for each qualifying work day of absence in line with your normal working pattern.
Some employers may also offer enhanced sick pay schemes that provide additional pay.
Can My Employer Refuse To Pay Me When I'm Ill?
Your employer cannot refuse statutory sick pay if you meet the qualifying conditions and follow notification procedures. Refusing valid SSP claims is wage theft.
What Happens To My Sick Pay If I'm Off Long Term?
Statutory sick pay continues for up to 28 weeks maximum per period of incapacity.
After this, you may qualify for Employment and Support Allowance from the government.
A Success Story
After years of strong performance, 'Jane' was placed on a Performance Improvement Plan (PIP), while on sick leave for a health condition.
With no prior warning, she felt cornered and unsure where to turn.
The process was being used as a fast-track exit strategy, to get rid of her without a fair settlement agreement offer.
Struggling with health, caring for an elderly relative, and fearing the financial fallout of losing her job, Jane turned to Grapple Law for help.
She took swift, decisive action, sending detailed legal letters to her employer and preparing for her formal meetings.
Within weeks, Jane secured a settlement of around £30,000, and paid a modest success fee to Grapple Law.
