Day one rights

Statutory Sick Pay is only payable to eligible employees after a period of four or more consecutive days of sickness (the first three days are not paid).

The ERB removes this waiting period so eligible employees will become entitled to sick pay from day one of their sickness.

This is anticipated sometime after the ERB receives Royal Assent although a specific date has not been given. The change could be made before the end of 2025.

Employees who earn less that the lower earnings level are not eligible for Statutory Sick Pay.

As confirmed in the March amendments to the ERB, employees who earn less than the lower earnings limit will be entitled to 80% of their normal weekly earnings or the current level of SMP (whichever is lower). Changes to SSP will apply to Northern Ireland.

We expect the change to be implemented after the ERB has received Royal Assent although a specific date has not been given.  Change could be made before end of 2025.

Consultation for how much employees earning less that the lower earnings limit will be paid whilst on statutory sick pay. Consultation closed 4.12.2024.

Fact sheet outlining the Government’s intention with this provision.