Sickness absence - what's changing?

The Employment RIghts Bill includes provisions to remove the requirement to earn at or above the lower earnings limit and the three-day waiting period to qualify for statutory sick pay (SSP).

This means that SSP will be available from day one. Additionally, SSP for those earning below the current rate of SSP will be set at 80% of average weekly earnings.

These changes will take effect in April 2026.

What needs updating?

Any sickness absence policy will need to be updated to ensure that:

• any reference to the three-day waiting period and lower earnings limit has been removed;

• it explains that all employees are eligible to statutory sick pay from the first full day of their sickness absence (rather than the fourth); and

• it provides that all employees are entitled to statutory sick pay, regardless of their weekly earnings.