Sick pay entitlement for part-time workers
Many businesses find the subject of staff sick pay to be confusing enough, without throwing part-time workers into the mix as well. Do part-time workers actually get sick leave? If so, how much do they get compared to your full-time staff?
Understanding statutory sick pay (SSP) is crucial for both employers and part-time employees, as it ensures clarity on entitlements and obligations.
To clear up some of the confusion, this post looks into sick pay entitlement for part-time employees, and highlights that providing statutory sick pay is a legal requirement for employers.
When is someone classified as a part-time employee?
First off, it’s important to note that there’s no strict definition of what makes someone a full-time or part-time worker. That being said, an employee is generally considered full-time when they work 35 hours or more a week. In contrast, a part-time worker is someone who works less than 35 hours per week.
However, overtime hours don’t affect the employee’s classification: if they happen to work more than 35 hours on certain weeks, they’re still considered a part-time worker.
Agency workers are individuals who are employed by an agency and assigned to work for different companies. Their entitlement to Statutory Sick Pay (SSP) can depend on the length of their assignment and how long they have been employed by the agency, especially if their assignment is less than three months.
Self-employed individuals are generally not eligible for SSP. Being classified as self-employed means you do not have access to statutory payments like SSP, and your eligibility for certain benefits may be affected.
Are part-time staff entitled to sick pay?
In short – yes, part-time staff are entitled to sick pay. It’s stipulated by law that part-time workers receive the same treatment as their full-time counterparts, which includes annual leave (albeit on a pro-rated basis), maternity leave, sick pay and all other perks of employment.
At a minimum, part-time workers will be entitled to statutory sick pay (SSP) – which companies are legally obliged to pay their employees when they’re on sick leave. Eligible employees receive statutory sick pay at a weekly rate of £116.75 for the 2024/25 tax year (previously £118.75 in 2025/26), for up to 28 weeks. For an employee to be eligible for SSP, they:
Must have an employment contract
Must earn an average of at least £120 per week
Must have been ill, self-isolating or ‘shielding’ for at least 4 days in a row (which includes non-working days)
Have informed you of their illness by a deadline set by your company.
For related situations involving care for a family member or emergency, see Understanding Dependant Leave: Your Rights and Options Explained.
To qualify for Statutory Sick Pay (SSP), employees must earn at least £123 per week before tax and National Insurance contributions, and the average weekly earnings are calculated over the eight weeks prior to the sickness period. SSP is only paid for qualifying days, which are the days an employee is normally scheduled to work. The first three days of sickness absence are known as ‘waiting days’ and are unpaid, so SSP starts from the fourth qualifying day. To find the daily SSP rate, divide the weekly SSP rate by the number of qualifying days in that week. Statutory sick pay is taxable and subject to National Insurance contributions, just like normal wages. To calculate SSP owed, multiply the daily SSP rate by the number of qualifying sick days.
Company sick pay can be more generous than statutory sick pay, often covering full salary for a set period—this is known as contractual sick pay, which may pay normal wages instead of SSP. Employers are not legally obligated to pay more than the statutory minimum for sick pay, but many choose to offer enhanced sick pay benefits. In addition to SSP, part-time staff should also qualify for your company sick pay scheme, if you have one. Employee eligibility, how long they’ll be able to claim, how they receive payments, and other similar details are at your company’s discretion. Such details, however, need to be accessible by employee, so you should lay them out in your sickness absence policy and terms of employment.
Part-time employees can receive SSP even if they work irregular hours or are on zero-hours contracts, as long as they meet the earnings threshold. Zero hours contract workers are eligible for SSP if they meet the criteria. However, they have to reach the earnings threshold with the same employer; if they have more than one job, SSP eligibility is assessed separately for each employer and cannot be combined.
Employees must notify their employer of their illness promptly, typically within seven days, and employers should establish clear procedures for employees to report sickness to avoid disputes regarding SSP. For absences longer than seven days, employers can request medical evidence such as a doctor’s note or fit note, and a sick note is required to support SSP claims. Medical evidence can include a fit note from a healthcare professional, and employers must accept reasonable alternative forms of evidence.
Managing sick leave and managing statutory sick pay efficiently is important for compliance and employee well-being. Employers must pay eligible employees the correct sick pay and ensure SSP payments are made on the same day as the usual payday. Employers must keep accurate records of sickness absences, qualifying days, waiting days, and SSP payments for compliance and auditing purposes. Accurate record keeping is essential for correct SSP calculations, dispute resolution, and audit support. Employers can face penalties from HMRC for failing to pay SSP or for incorrect payments. Employers must notify employees of their SSP entitlement and provide a form SSP1 if they are not eligible for SSP. Employers should regularly review their SSP policies and practices to ensure compliance with current regulations. Managing SSP claims requires accurate record keeping and proper documentation. Normal rules for SSP apply to most employees, including linking periods of sickness and time limits. In multi-job situations, managing statutory sick pay involves understanding eligibility for each employer separately.
By 2026, all employees must be entitled to 10 days of statutory sick leave per year, paid at 70% of regular pay (capped at €110/day), and in California, part-time workers are guaranteed at least 5 days or 40 hours of paid sick leave after working 30 days for an employer starting January 1, 2026. The Employment Rights Bill reforms effective in April 2026 will abolish the 3-day unpaid waiting period for sick pay. By 2026, the Lower Earnings Limit (LEL) of £125 per week will be removed, allowing all workers to qualify for SSP regardless of earnings.
Maternity pay, maternity allowance, and statutory maternity pay are related statutory benefits. For pregnancy-related absences, employees may transition from SSP to statutory maternity pay or maternity allowance, depending on eligibility and timing.
Calculating sick pay for part-time employees
Calculating statutory sick pay (SSP) for part-time employees requires careful attention to ensure both compliance and fairness. The first step is to determine whether the employee meets the eligibility criteria, which includes earning at least the Lower Earnings Limit in average weekly earnings over the last eight weeks. For the 2025/26 tax year, this threshold is essential for SSP entitlement, regardless of whether the employee is on a fixed part-time schedule or a zero hours contract.
To work out SSP payments, employers need to identify the employee’s qualifying days—these are the days the part-time worker would normally be expected to work, as outlined in their employment contract or regular work pattern. SSP is only paid for these qualifying days, and the first three days of any sickness period are usually unpaid waiting days. After this initial period, eligible employees receive the government-mandated minimum weekly SSP rate, which is £118.75 for up to 28 weeks of sickness absence.
For part-time employees with irregular hours or those on zero hours contracts, calculating average weekly earnings can be more complex. Employers should use the relevant period—typically the last eight weeks before the sickness began—to calculate average earnings. If the employee’s average weekly earnings exceed the Lower Earnings Limit, they are entitled to SSP for their qualifying days, even if their hours fluctuate from week to week.
It’s also important to note that part-time workers who have more than one job may be eligible to claim SSP from each employer separately, provided they meet the eligibility criteria for each role. However, earnings from different jobs cannot be combined to reach the Lower Earnings Limit for SSP eligibility.
Employers must keep accurate records of sickness absences, qualifying days, and SSP payments. This is especially important for managing linked periods of sickness—if an employee falls ill again within eight weeks of a previous sickness period, the new absence is linked to the previous one, and the three-day waiting period does not apply again.
In addition to statutory sick pay, many employers offer occupational sick pay or company sick pay schemes, which may provide more generous support than the statutory minimum. These arrangements should be clearly detailed in the employment contract and sick pay policy, ensuring that part-time employees understand their entitlements. If an employee is not entitled to SSP or has exhausted their entitlement, they may be able to claim additional financial support through Universal Credit or Employment and Support Allowance.
By maintaining a clear sick pay policy, keeping accurate records, and understanding the rules around SSP entitlement, employers can manage sick leave effectively and provide timely payments to part-time workers when they need it most.
Tracking sickness absences
As employees are only entitled to statutory sick pay for 28 weeks (within a three-year period), you need to track their sickness absences to ensure they receive it for the correct length of time. This is especially true of part-time workers as their absence may be less obvious compared to your full-time staff. For instance, it’s harder to recall from memory when a part-time employee was off sick and if they weren’t working that day.
Accurate record keeping is essential for correct SSP calculations, dispute resolution, and audit support. Employers are required to keep detailed records of sick leave and SSP payments for compliance and auditing purposes.
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