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United KingdomAdvisory, Conciliation and Arbitration Service

SSP during phased returns only for full days off, Acas clarifies

Acas now states SSP is payable only for full non-working days during a phased return, with a worked example, alongside pay rules for reduced hours and lighter workloads.

By Taxxa AI OyPublished 1 October 2026

Payroll & Labour

Workers on a phased return after absence can be paid statutory sick pay (SSP) only for full non-working daysAcas, never for part of a dayAcas. Someone who works even part of a day cannot be paid SSP for the rest of that day.Acas

A worked example makes this concrete: Jan usually works 7 hours a day over 3 days. During the phased return Jan works 2 hours a day on 2 days. Jan cannot be paid SSP for the remaining 5 hours on those working days, but can be paid SSP for the third day, on which Jan does no work at all.

Phased returns can, for example, mean starting on reduced hours, doing work that is different to the usual job, or having a lighter workload. Pay depends on what the employer and the worker have agreedAcas. Where someone returns to their usual work on reduced hours, they should receive their usual rate of pay for the hours they actually work.Acas

For the time they are not able to work, pay depends on whether anything has been agreed and whether the employer has a policy covering it.Acas The worker might receive full pay where the employer has agreed to it or it is written into policy, company sick pay where the employer offers it, or SSP where they are eligible.Acas SSP is the fallback: it applies only where the employer does not offer full pay or company sick pay.Acas

Where the phased return means a lighter workload rather than fewer hours, there is no set rateAcas: it is for the employer and the worker to agree a rate of payAcas, and the employer should put the agreement in writing, for example in a letter or email.

How long a phased return lasts depends on individual circumstances and should be agreed between the employer and the worker; a fit note will usually advise on duration, but the parties should still discuss and agree it together, and review progress regularly. Where the worker is disabled, the employer must also make reasonable adjustments to support them.

Throughout, the guidance now frames these rights around "worker" rather than "employee"Acas, consistent with SSP eligibility extending to workers paid through PAYEAcas.

Legal basis: the Employment Rights Act 2025 changes to statutory sick pay eligibilityAcas described in the Acas statutory sick pay guidance.

During a phased return, roster SSP only for days the worker does not work at all: pay usual rates for hours worked, agree lighter-workload pay in writing, and never pay SSP for the unworked part of a part-worked day.

Sources