Statutory Sick Pay Rules for Nannies

Yes, your nanny is your employee and is legally entitled to Statutory Sick Pay (SSP) if they are too ill to work. To be eligible, they must earn an average of at least £125 per week (for 2025/26) and be sick for at least four days in a row. You (the employer) must pay SSP, which is £118.75 per week (for 2025/26), for up to 28 weeks.

When you employ a nanny, you are an employer, and with that comes a set of legal duties. One of the most important is managing sick pay.

Unlike a self-employed contractor, your nanny is your employee and has a legal right to Statutory Sick Pay (SSP). You can't just agree not to pay it, and you can't make them work when they are unwell.

Understanding the rules is key to being a fair and compliant employer.

What is Statutory Sick Pay (SSP)?

Statutory Sick Pay is the legal minimum amount you must pay your nanny if they are unable to work due to illness.

As of the 2025/2026 tax year, the rate is £118.75 per week. This is a fixed statutory rate, regardless of your nanny's normal salary.

It's paid for a maximum of 28 weeks for one period of sickness.

Who is Eligible for SSP?

Your nanny must meet specific criteria set by GOV.UK to qualify for SSP.

To be eligible, your nanny must:

1. Be your employee (which a nanny is).
2. Be sick for 4 or more days in a row. This is known as a 'period of incapacity for work' and includes non-working days like weekends.

1. Earn an average of at least £125 per week (this is the Lower Earnings Limit for 2025/26).

1. Have told you they are sick within the timeframe set out in your contract (or 7 days if you haven't set one).

1. Provide proof of illness. They can 'self-certify' (tell you in writing) for the first 7 days. After 7 days, they must give you a doctor's 'fit note'.

If your nanny has more than one job (e.g., in a nanny share), they can claim SSP from each employer, as long as they meet the eligibility criteria for each job.

The 3 "Waiting Days" (When Payment Starts)

This is the most confusing part for employers. You do not pay SSP for the first 3 days of sickness.

These are called "waiting days." SSP payment starts from the fourth day of sickness.

However, these must be "qualifying days"—days your nanny would normally work.

Example:

• Your nanny works Monday to Friday.
• They call in sick on Monday morning.
• Monday, Tuesday, and Wednesday are the 3 waiting days. No SSP is paid for these days.

• Thursday is the fourth day. If they are still sick, SSP payments start from this day.

What about "Linked Sickness"?

If your nanny is off sick again within 8 weeks of a previous sickness, the 3 waiting days do not apply. The SSP would start from the first day of the new sickness period.

Contractual Sick Pay vs. SSP

SSP is the legal minimum. You are, of course, free to offer more generous sick pay. This is known as "Contractual Sick Pay" and must be written into your employment contract.

For example, many employers choose to pay their nanny their full normal salary for the first 3-5 days of sickness per year. This is a common perk.

If you do this, your contractual pay covers the SSP amount. You don't pay both.

Your Responsibilities as an Employer

1. Pay the SSP: You, the employer, must pay the SSP. You cannot reclaim this cost from HMRC.

1. Run Payroll: SSP is a payment, not a benefit. It must be paid on your nanny's normal payday, just like their salary.

1. Deduct Tax & NI: SSP is subject to Income Tax and National Insurance, just like regular wages. It must be processed through your PAYE payroll.

1. Keep Records: You must keep records of all SSP payments.

1. Provide Form SSP1: If your nanny is not eligible for SSP, or if their SSP is coming to an end, you must give them form SSP1 so they can apply for government support.

It's All Handled by Payroll

Managing SSP, calculating waiting days, and handling the tax deductions can feel complicated. But this is a standard part of running a payroll.

Our payroll service takes care of everything for you: We'll calculate your nanny's SSP entitlement, manage the waiting days, and ensure their payslip is 100% correct, including all tax and NI deductions.

Fully digital, no paperwork, no stress.