Your Written Sick Leave Policy Is Illegal From Sunday April 6 — Here's How to Fix It

If your employment handbook, sick leave policy, or staff contract mentions a "3-day waiting period" before sick pay kicks in, that document becomes non-compliant this Sunday, April 6, 2026.

From that date, statutory sick pay is payable from day one of any absence. No qualifying days. No waiting. And if your written policies still say otherwise, you're not just out of date — you're in breach.

This guide tells you exactly what's changed, what documents you need to update, and what happens if you don't.

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Table of Contents

1. What Changed — The 3-Day Wait Is Gone
2. Who Is Now Entitled to Sick Pay?
3. Which Documents Need Updating?
4. What the New Policy Must Say
5. What Happens If You Don't Update?
6. The Fair Work Agency Will Check This From Monday
7. Your 5-Step Action Checklist
8. FAQs

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What Changed — The 3-Day Wait Is Gone

Until April 5, 2026, the law required employees to wait three "qualifying days" before becoming entitled to Statutory Sick Pay. These were known as "waiting days" and were a legal part of the SSP framework since its introduction.

From April 6, 2026 — through the Employment Rights Act 2025 — that waiting period is abolished.

Day one of any sickness absence now triggers SSP entitlement. There is no waiting period. There are no qualifying days.

The statutory SSP rate is currently £116.75 per week (paid for up to 28 weeks).

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Who Is Now Entitled to Sick Pay?

The April 6 changes also remove the Lower Earnings Limit as an SSP qualifying test. Previously, an employee had to earn at least £123/week (the 2024/25 Lower Earnings Limit) to qualify for SSP.

That threshold is gone from Sunday.

This brings an estimated 1.3 million more workers into SSP entitlement, including:

• Zero-hours workers
• Part-time workers earning below the previous threshold
• Casual and seasonal staff
• Workers on variable or fluctuating hours

If someone works for you — even occasionally — they may now qualify for SSP from their first day of absence.

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Which Documents Need Updating?

Any written document that references the old SSP rules is now a liability. Go through all of the following:

Employee Handbook / HR Policy Manual

This is the most common place the 3-day wait appears. Phrases to search for:

• "waiting days"
• "qualifying days"
• "sick pay after 3 days"
• "SSP does not apply for the first three days"
• Any reference to "Day 4" being when sick pay begins

Employment Contracts

Any contracts issued before April 6 that reference the waiting period should be amended. This does not require a new signed contract — a written update (letter or email to the employee confirming the change) is sufficient.

Sick Leave Notice Boards / Staff Notices

Anything pinned up or circulated that tells staff how sick pay works needs to reflect the new rules.

Internal HR Systems

If your HR software auto-generates sick leave documentation or payroll rules, update the SSP trigger from Day 4 to Day 1.

Offer Letters

If you have template offer letters that include sick pay terms, update the template.

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What the New Policy Must Say

Your sick leave policy should reflect:

Before (illegal after April 6):

"Statutory Sick Pay is payable from the fourth qualifying day of absence. The first three days are waiting days and no SSP is due."

After (compliant from April 6):

"Statutory Sick Pay is payable from the first day of any sickness absence. There are no waiting days. Eligible employees receive SSP at the current statutory rate from day one."

You should also add or update your definition of who is eligible, removing any reference to the Lower Earnings Limit as a qualifying condition.

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What Happens If You Don't Update?

Failing to apply the correct SSP rules exposes you to:

Employment Tribunal claims — An employee who is denied SSP from day one (or who earns below the old threshold but now qualifies) can bring a claim. There is no cap on compensation in some related categories, and your written policy will be used as evidence.

Fair Work Agency inspection — The FWA launches on April 7 and has explicit powers to check SSP compliance alongside wage and holiday pay records. If your policy still references waiting days and an inspector reviews it, that's an immediate finding of non-compliance.

HMRC enforcement — SSP is technically administered through HMRC. Systemic underpayment of SSP can trigger a formal HMRC review with penalties.

There is no grace period. The rules change on Sunday and enforcement begins Monday.

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The Fair Work Agency Will Check This From Monday

The Fair Work Agency is a new enforcement body launching on April 7, 2026. Unlike traditional enforcement, the FWA does not need a worker complaint before visiting your premises.

It has proactive inspection powers and will be specifically checking:

• That SSP is being correctly applied (day one, correct rate)
• That workers previously excluded by the Lower Earnings Limit are now being included
• Holiday pay records (going back 6 years from April 6)
• National Living Wage compliance (the rate is £12.71/hour — a widely misquoted rate that caused many employers to underpay in March)

Your sick leave policy is a document the FWA can request during an inspection. If it contains references to the old 3-day waiting period, that's evidence of non-compliance — even if you've been paying SSP correctly in practice.

Update the document.

Not sure if your business is fully compliant? Take our free 3-minute Compliance Score quiz — 20 questions, instant results, no sign-up required: compliancealert.co.uk/compliance-score

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Your 5-Step Action Checklist

Do this before Sunday:

Step 1: Search your employee handbook for "waiting days", "qualifying days", or "3 days" Update any reference to reflect day-one entitlement.

Step 2: Search your employment contract templates Find the sick pay clause. Update the template. Consider sending a brief written confirmation to current employees that SSP terms have changed (not legally required, but good practice and protects you).

Step 3: Update your HR or payroll system Make sure SSP triggers from Day 1, not Day 4. Check with your payroll provider if you use an external service.

Step 4: Check who is newly eligible Look at your zero-hours and variable-hours staff who previously didn't meet the Lower Earnings Limit. They now qualify for SSP from Sunday. Make sure your payroll can handle this.

Step 5: File the updated documents Keep a dated copy of the updated policy. If the FWA visits after April 7, you'll want to be able to show when the update was made.

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FAQs

Do I have to pay SSP from day one if the illness is self-certified?

Yes. The waiting period is abolished regardless of how the absence is certified. Self-certification rules (first 7 days) remain unchanged, but SSP begins on day one of absence.

What if I offer enhanced sick pay above SSP?

Your enhanced policy can remain, but the contractual SSP baseline must reflect the new day-one entitlement. Check whether your enhanced policy references the old SSP rules — if it does, update it.

Does this apply to agency workers?

SSP for agency workers is generally the responsibility of the employment agency, not the end-client. But if you take on agency workers directly, check their contracts and your obligations.

What is the current SSP rate?

£116.75 per week, paid for up to 28 weeks.

What if my employee earns below the Lower Earnings Limit?

As of April 6, the Lower Earnings Limit is no longer a qualifying condition for SSP. The government is introducing a lower rate for these workers — this rate is still being confirmed, but entitlement exists from Sunday.

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Summary

Six employment laws change on April 6. SSP from day one is one of them — and it comes with a paper trail problem: any written sick leave policy referencing the old waiting period becomes non-compliant immediately.

The Fair Work Agency launches the next day with proactive inspection powers.

Five days is enough time to update your documents. Block 30 minutes today.

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