How to Claim SSP: Employer HR Guide

Statutory Sick Pay (SSP) remains the core statutory entitlement for employees who are too unwell to work. Employers and HR teams play a central role in guiding staff through the SSP claim process, ensuring the correct evidence is provided, internal notification rules are followed and payments are administered lawfully through payroll. A compliant SSP process protects the business against disputes and guarantees consistent treatment for employees across the organisation.

What this article is about: This article explains exactly how employees claim SSP and what employers and HR directors must do to operate a compliant SSP process. It sets out the legal eligibility rules, including how employees qualify as employed earners under PAYE, the evidence required, how employees should notify the business, the documentation HR must keep and when employers must issue an SSP1 form. It is a detailed and practical guide designed to help employers support employees while meeting statutory obligations.

Section A: SSP Eligibility Requirements

Employers need a clear grasp of the legal rules governing Statutory Sick Pay entitlement to ensure decisions are consistent and compliant. This section explains who qualifies for SSP, what evidence employees must provide and the circumstances where SSP cannot be paid. Understanding these rules allows HR teams to manage claims accurately and reduce the risk of disputes or payroll errors.

1. Qualifying Conditions

Employees qualify for Statutory Sick Pay when they meet the statutory requirements under the Social Security Contributions and Benefits Act 1992 and associated regulations. SSP is payable to individuals who are employees or are treated as employed earners for National Insurance purposes and paid through PAYE, which can include some casual or zero-hours workers. Independent contractors and genuinely self-employed individuals who are not under PAYE do not qualify for SSP.

To qualify, an employee must earn at least the Lower Earnings Limit on average per week and remain liable to pay Class 1 National Insurance contributions in the UK, even if they are temporarily working overseas. They must also be off sick for at least four consecutive qualifying days, which together form a Period of Incapacity for Work (PIW). Employers should identify the employee’s qualifying days in advance, usually the days they normally work, as SSP is only payable for those days.

SSP is not paid for the first three qualifying days, known as waiting days, unless the absence links to a previous PIW. Periods of sickness link where they are separated by eight weeks or less, and linked PIWs count towards the 28-week maximum SSP entitlement. Employers must factor linking rules into eligibility decisions to avoid overpaying or underpaying SSP.

2. Evidence Needed

Employees can self-certify sickness for the first seven calendar days of absence. After this point, HR should request medical evidence in the form of a fit note issued by a GP, hospital doctor or other authorised healthcare professional. The fit note will confirm whether the employee is “not fit for work” or “may be fit for work” subject to adjustments. If the employee’s sickness continues, HR may request further fit notes covering the remaining period of incapacity.

For SSP purposes, employers cannot insist on a fit note before the employee has been off sick for more than seven calendar days. Internal policies may require earlier evidence for other management purposes, but SSP entitlement itself cannot be made conditional on providing a fit note within the first seven days. Employers must also ensure that any evidence requirements are applied consistently to avoid unfair treatment or discrimination risks.

Where employees are working overseas or are unable to obtain UK-style fit notes, HR should consider alternative evidence such as medical certificates issued abroad or a written statement outlining treatment and incapacity. The key requirement is that the evidence is sufficiently reliable for the employer to make a lawful SSP determination, bearing in mind that eligibility also depends on continued UK National Insurance liability.

3. When SSP Cannot Be Paid

There are circumstances where employers lawfully cannot pay SSP. These include where the employee does not meet the earnings threshold, has not formed a valid PIW or is away from work for a reason not connected to incapacity for work. SSP is also not payable once the maximum entitlement of 28 weeks has been reached in a single period of sickness or linked PIWs. Employers must also withhold SSP where the employee falls into categories excluded from SSP under the regulations, such as certain employees in custody or those who have already exhausted their SSP entitlement for the same condition.

Pregnancy-related sickness has specific treatment. Pregnancy-related sickness occurring before the start of the maternity pay period can attract SSP if the employee meets the general qualifying conditions. However, pregnancy-related absence in the four weeks before the expected week of childbirth can trigger the start of statutory maternity leave and maternity pay, at which point SSP entitlement ceases. Employers must ensure their absence and payroll records correctly distinguish between SSP and statutory maternity pay.

Where an employer provides more generous contractual sick pay, this can be treated as including any SSP due, provided the total payment is at least equal to the statutory amount. The employee should not receive SSP in addition to full contractual sick pay for the same days of absence, but they must not be worse off than they would have been under the statutory scheme. In any case where SSP is not payable at all, or where entitlement has ended, employers must issue an SSP1 form so the employee can explore alternative benefit claims.

Section A Summary: This section outlined the legal criteria employees must meet to qualify for SSP, the evidence required to support claims and the circumstances where employers must not pay SSP. These rules, including the treatment of linked periods of sickness, overseas workers and pregnancy-related absence, form the foundation of a compliant SSP process and guide employers in making consistent entitlement decisions.

Section B: How Employees Claim SSP

Supporting employees to follow a clear and consistent process is central to administering SSP correctly. Employers and HR teams must ensure staff understand when and how to report sickness, what evidence to provide and what communication is expected during the period of absence. This section sets out the practical steps employees should follow and the corresponding duties that fall on HR and payroll to make sure the claim is administered lawfully.

1. Internal Notification Requirements

Employees must notify their employer that they are unwell and unable to work within the timeframe set out in the employer’s sickness absence policy. Most organisations require notification on the first day of absence, usually before a specified time and to a designated person or department. HR should ensure this requirement is clearly communicated and consistently enforced.

Notification should include the employee’s reason for absence, how long they expect to be unwell and any relevant context affecting their ability to work. Employers cannot refuse SSP solely because the employee fails to follow an internal notification process, but they may delay payment until reasonable evidence or explanation is provided. Any notification rules must be consistent with statutory SSP requirements, and employers must not impose procedures that undermine an employee’s statutory entitlements.

2. Claim Steps for Employees

The SSP claim process begins when the employee reports sickness and continues throughout the period of incapacity. After notifying the employer, the employee must provide self-certification for the first seven calendar days. Once the absence extends beyond seven days, the employee must supply a fit note or alternative medical evidence. If the fit note states the employee “may be fit for work” subject to adjustments, HR should discuss potential temporary adaptations. If reasonable adjustments or amended duties cannot be accommodated, the employee should be regarded as unfit for work for SSP purposes.

Employees must keep the employer updated during the absence. This includes providing additional fit notes when required and responding to reasonable requests for information, such as expected return-to-work dates. Failure to cooperate may delay SSP payment, but employers should avoid measures that unlawfully restrict entitlement or penalise an employee for legitimate sickness.

Employees who work for more than one employer may be entitled to SSP separately from each job, provided they meet the qualifying conditions. An employee who works for another employer during sickness absence from the first employer is not automatically disqualified from SSP, but SSP cannot be claimed for days on which the employee performs work for the employer that is paying the SSP.

3. Employer Duties During the Claim

Once an employee has reported sickness and provided the required evidence, the employer must assess eligibility, calculate the correct SSP amount and process payments through payroll. HR must confirm qualifying days and determine whether the period of incapacity meets the statutory requirements, including any linking rules for previous absences.

SSP must be paid at the statutory weekly rate and included in the employee’s normal wage or salary payment on the usual payday. Employers cannot schedule SSP separately or delay payment without a lawful basis. Payroll teams must ensure calculations reflect qualifying days, waiting days and linked PIWs to avoid underpaying or exceeding the 28-week maximum.

If SSP cannot be paid for any reason, employers must legally issue an SSP1 form within seven days of making that decision. Where SSP entitlement is ending after 28 weeks, the SSP1 must be issued on or before the date SSP ends, and no later than seven days after entitlement stops. Employers must keep accurate records and be prepared to provide evidence to HMRC if requested during compliance checks.

Section B Summary: This section explained how employees claim SSP, including notification requirements, evidence submission and ongoing communication. It also set out the employer’s responsibilities in assessing entitlement, paying SSP on the usual payday and issuing the SSP1 form where required.

Section C: Employer Processes & Record Keeping

Employers must operate a structured and legally compliant process for handling SSP claims. A consistent approach reduces operational risk, avoids payroll errors and ensures employees are treated fairly. This section sets out the internal procedures HR teams should implement, how to manage evidence securely and what payroll duties must be completed to remain compliant with UK law.

1. Internal HR Procedures

A clear internal SSP procedure enables HR teams to manage sickness absence consistently. Employers should maintain a written sickness policy outlining how employees report absence, what happens during the first seven days and when medical evidence is required. HR should ensure line managers understand the process and apply it uniformly across departments.

The procedure should outline the steps for assessing eligibility, identifying qualifying days, determining whether periods of sickness link and confirming who in HR or payroll is responsible for calculating SSP. Employees should receive timely confirmation of SSP entitlement or non-entitlement, including when SSP is expected to start and when it may end. Employers should also establish a process for reviewing ongoing absences, including how return-to-work discussions are managed and how further fit notes are tracked. These measures help maintain structured communication and support employees appropriately during prolonged periods of sickness.

2. Evidence Management

Employers must store fit notes, self-certification forms and related evidence securely and in compliance with data protection law. Medical information constitutes special category data under the UK GDPR and the Data Protection Act 2018. Employers must identify a lawful basis for processing the data, typically relying on the “legal obligation” basis for paying SSP and an appropriate condition for processing employment-related health data under Schedule 1 of the DPA 2018.

Evidence should be retained in the employee’s HR or sickness absence file, with access restricted to authorised personnel. Employers must avoid unnecessary handling or sharing of medical information. Where employees work overseas or cannot obtain UK fit notes, HR should assess appropriate equivalent evidence, provided the employee remains liable for UK Class 1 National Insurance contributions. The employer’s objective is to obtain sufficiently reliable information to make a lawful SSP determination while maintaining compliance with data protection obligations.

3. Payroll & Calculation Duties

Once eligibility is confirmed, the employer must calculate SSP correctly, taking account of qualifying days, waiting days and any linked periods of incapacity for work. Payroll teams must ensure SSP is processed at the statutory weekly rate and paid through the usual payroll cycle on the employee’s normal payday. Pay statements should show SSP clearly, particularly where contractual sick pay also applies.

Where an employee has more than one period of sickness, payroll must review whether the absences link under the eight-week rule to form a single PIW. Linked PIWs affect the application of waiting days and contribute to the 28-week maximum SSP entitlement. Payroll must also monitor when SSP is due to end and notify HR so the SSP1 form can be issued within the statutory timeframe.

Section C Summary: This section set out the internal procedures employers need for lawful SSP administration, including evidence handling, data protection obligations and key payroll duties. These processes ensure SSP is paid accurately, consistently and in compliance with statutory rules while supporting employees during sickness absence.

Section D: SSP1 Forms & When to Use Them

Employers must issue an SSP1 form whenever an employee is not entitled to SSP or when their entitlement is coming to an end. This form enables the employee to apply for alternative financial support through the benefits system, so understanding when and how to issue it is essential. HR teams should treat SSP1 administration as a mandatory component of the SSP process, ensuring staff receive timely documentation to avoid interruptions in income.

1. When SSP1 Is Required

An SSP1 form must be issued in several circumstances. The most common is where an employee does not meet the eligibility requirements, such as earning below the Lower Earnings Limit, failing to meet the qualifying conditions for a Period of Incapacity for Work or being excluded from SSP under statutory provisions. Employers must also issue an SSP1 when an employee reaches the 28-week maximum SSP entitlement for the same period of sickness or for linked PIWs.

The timing requirements are strict. Where SSP is not payable from the start of the sickness absence, the SSP1 must be issued within seven days of the employer making that decision. Where SSP entitlement is ending after 28 weeks, the form must be provided on or before the date SSP stops and no later than seven days after entitlement ends. These deadlines help ensure employees can take timely steps to apply for new-style Employment and Support Allowance or Universal Credit if eligible.

2. How to Complete SSP1

An SSP1 must contain accurate information about the reason SSP is not payable, the dates of sickness, the date entitlement ends or the statutory rule preventing payment and the employee’s personal details. HR should complete the form carefully to avoid errors that could delay the employee’s benefit claim. Employers should keep a copy of the completed form for their records as evidence of compliance.

The form should be completed by a knowledgeable HR or payroll representative who understands the statutory SSP rules. Any errors or omissions could affect the employee’s access to alternative benefits, so accuracy is essential. Employers should also ensure they provide clear communication to the employee to explain why SSP cannot continue and what the SSP1 form is used for.

3. Supporting Employees to Claim Other Benefits

Once an SSP1 form has been issued, the employee may be able to apply for alternative financial support. Employees may qualify for new-style Employment and Support Allowance if they have made sufficient National Insurance contributions. Universal Credit may be available depending on household circumstances, as it is a means-tested benefit. Employers are not responsible for advising on benefit eligibility, but should signpost employees to relevant GOV.UK guidance and ensure they receive the SSP1 promptly.

Maintaining a supportive approach helps protect employee wellbeing and fosters positive working relationships during what may be a difficult period of extended sickness. Clear communication and timely issue of the SSP1 form help employees transition smoothly between statutory entitlements.

Section D Summary: This section explained when employers must issue an SSP1 form, how it should be completed and the role HR plays in supporting employees to access financial assistance when SSP is not available or has ended. Timely and accurate SSP1 administration ensures legal compliance and prevents gaps in employee income.

FAQs

How long must an employee be off sick before they can get SSP?
An employee must be off sick for at least four consecutive qualifying days to form a Period of Incapacity for Work. SSP is not payable for the first three qualifying days unless the absence links to a previous PIW within the statutory timeframe.

Can SSP be refused if an employee fails to follow the company’s reporting procedures?
Employers cannot refuse SSP solely because internal reporting procedures were not followed, but they may delay payment until reasonable evidence or clarification is provided. Reporting rules must align with statutory SSP rights.

When does SSP start?
SSP starts on the fourth qualifying day of sickness, provided the employee meets the eligibility conditions. The first three qualifying days are unpaid waiting days unless the absence links to a previous PIW.

How long can SSP be paid?
Employees can receive SSP for up to 28 weeks in a single period of sickness or linked PIWs.

Does annual leave affect SSP?
Employees can take annual leave while off sick, but they cannot receive SSP and holiday pay for the same days. If annual leave is taken, SSP pauses and holiday pay applies instead. SSP entitlement may resume afterwards if the employee remains unfit for work.

Can an employee work while receiving SSP?
Employees cannot work for the employer on any day for which SSP is paid. An employee who works for another employer is not automatically disqualified from SSP, provided the work is consistent with their normal patterns and does not affect incapacity for the employer paying SSP.

What happens if an employee has multiple jobs?
Employees may be entitled to SSP from each employer separately if they meet the qualifying conditions and earnings threshold for each job.

Is SSP payable for part-time staff?
Yes. SSP is payable to part-time employees as long as they meet the statutory eligibility criteria, including the Lower Earnings Limit and the formation of a valid PIW.

Is SSP payable during pregnancy-related sickness?
SSP is payable for pregnancy-related sickness before the start of the maternity pay period. However, pregnancy-related absence in the four weeks before the expected week of childbirth may automatically trigger statutory maternity leave and pay, at which point SSP entitlement ends.

Can employers reclaim SSP?
No. SSP is funded entirely by employers. The previous Percentage Threshold Scheme that allowed SSP recovery has been abolished.

FAQs Summary: These questions and answers address common issues employers face when administering SSP, including entitlement rules, annual leave interaction, multiple employments, and pregnancy-related sickness treatment.

Conclusion

Employers and HR directors play a central role in ensuring Statutory Sick Pay is administered lawfully and consistently across the organisation. By understanding the eligibility rules, evidence requirements, notification procedures and payroll obligations, businesses can support employees effectively during periods of sickness while maintaining compliance with statutory duties. A structured SSP process helps avoid disputes, ensures accurate payments and provides clarity for both staff and managers.

Where SSP cannot be paid or is coming to an end, employers must issue an SSP1 form promptly so employees can explore alternative financial support. A clear and well-managed SSP framework strengthens employee trust and protects the organisation from avoidable risk.

Conclusion Summary: SSP compliance requires clear processes, accurate record keeping and timely communication. Employers who support staff effectively and follow statutory rules reduce legal risk and improve employee confidence during sickness absence.

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