What is statutory pay?
Statutory pay is the legal minimum amount UK employers must pay eligible employees during certain periods of sickness absence or family-related leave. The rates are set by law and reviewed each tax year, and each type of payment has its own qualifying rules, rate and maximum period.
Statutory Sick Pay (SSP)
Up to 28 weeks for employees too ill to work.
Statutory Maternity Pay (SMP)
Up to 39 weeks for time off to have a baby.
Statutory Paternity Pay (SPP)
One or two complete weeks during the partner’s SMP period.
Statutory Adoption Pay (SAP)
Up to 39 weeks when adopting a child.
Shared Parental Pay (ShPP)
Up to 37 weeks, depending on unused SMP.
Parental Bereavement Pay
Up to two weeks after the death of a child or a stillbirth.
Who qualifies
Employees generally need to meet length-of-service rules and earn at least the Lower Earnings Limit, and give proper notice and evidence, such as a fit note for SSP or a MAT B1 for SMP. The earnings requirement no longer applies to sick pay from 6 April 2026, and paternity leave is a day-one right from that date. Self-employed people don’t qualify.
Rate rules
For 2026/27, some payments may be calculated at 90% of average weekly earnings (80% for sick pay) where that is lower than the standard rate. For 2025/26, the standard SSP rate was £187.18.
Paying statutory pay
- Pay through normal payroll. Income Tax and National Insurance usually apply.
- Employers can usually reclaim 92% of qualifying payments, or 109% with Small Employers’ Relief.
- SSP can’t be reclaimed from HMRC.
- Report recoveries through the Employer Payment Summary (EPS).
- Keep records of calculations, eligibility and recovery claims.
Frequently Asked Questions
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Who Pays Statutory Pay?
Employers pay statutory pay to eligible employees through their normal payroll, and Income Tax and National Insurance usually apply. Many employers can claim back part of the cost from HMRC. Statutory Sick Pay is the main exception, as it cannot be reclaimed from HMRC. We can set this up in your payroll and keep your recovery claims accurate.
What Happens If an Employer Pays the Wrong Amount?
Incorrect statutory payments can lead to fines or disputes with staff, and may mean that recovery claims need to be corrected. To avoid this, keep your payroll records and rates up to date and check eligibility before making each payment. Statutory rates are reviewed every tax year, so it is worth reviewing your payroll settings at the start of each year. We can review your calculations and put right any errors.
What Types of Statutory Pay Must Employers Provide?
Employers may need to provide Statutory Sick Pay (up to 28 weeks), Statutory Maternity Pay (up to 39 weeks), Statutory Paternity Pay (one or two complete weeks), Statutory Adoption Pay (up to 39 weeks), Shared Parental Pay (up to 37 weeks, depending on unused SMP) and Parental Bereavement Pay (up to two weeks). Each type has its own qualifying rules, rate and maximum period. We can help you understand which payments apply to your employees.
Who Qualifies for Statutory Pay?
Employees generally need to meet length-of-service rules and earn at least the Lower Earnings Limit. They must also give proper notice and evidence, such as a fit note for SSP or a MAT B1 for SMP. From 6 April 2026, the earnings requirement no longer applies to sick pay, and paternity leave is a day-one right. Self-employed people do not qualify.
How are Statutory Pay Rates Calculated for 2026/27?
For 2026/27, some payments may be calculated at 90% of average weekly earnings (80% for sick pay) where that is lower than the standard rate. The standard SSP rate for 2025/26 was £187.18, and rates are reviewed each tax year. Always check the current rates before running payroll. We can make sure the correct rate is applied for each employee.
Can Employers Reclaim Statutory Pay From HMRC?
Employers can usually reclaim 92% of qualifying statutory payments, or 109% if they qualify for Small Employers’ Relief. SSP cannot be reclaimed from HMRC. Recoveries are reported through the Employer Payment Summary (EPS). We can prepare and submit your EPS so that your reclaims are processed correctly.
Does Statutory Pay Count as Taxable Income?
Yes. Statutory payments are paid through normal payroll, and Income Tax and National Insurance usually apply, just as they do for regular wages. Payslips should show the statutory payment clearly so that employees can see how it has been calculated. We can handle your payroll so that deductions are applied correctly.
What Records Should an Employer Keep for Statutory Pay?
Employers should keep records of their calculations, the employee’s eligibility and any recovery claims. This usually includes evidence such as fit notes or MAT B1 forms, along with payroll records showing the amounts paid. Good records make it easier to respond to HMRC queries and to correct mistakes. We can help you set up an organised system for storing these.