New legislation will make sick pay and family-friendly leave available from day one, with low earners eligible for SSP without a minimum earnings threshold.
Last updated: 23rd October 2025
Statutory sick pay (SSP) and family-friendly types of leave, including paternity leave, parental leave, and bereavement leave will become day one rights, i.e. there will be no requirement to have been employed, or to be sick, for a specified period of time before qualifying for these rights.
A significant change concerns bereavement leave. At present, there is no legal entitlement to time off for pregnancy loss before 24 weeks. However, the Bill has been updated to introduce a new right: mothers and their partners will be entitled to at least one week of unpaid leave if they experience a pregnancy loss at any stage before 24 weeks.
In addition, it is proposed that the lower earnings limit for receipt of SSP will be removed, so no minimum average earnings will be required to qualify for SSP. All employees will be entitled to some SSP, irrespective of whether they earn over the lower earnings limit – employees will get either the flat weekly SSP rate or 80% of their normal weekly earnings, whichever is lower.
Employment Rights Bill information that's relevant to your sector
We've created one central hub for independent retailers to access key information on the Employment Rights Bill, set to be in force in summer 2025.
Related Resources
-
How the Bira Legal advice team supports independent retail employers | Case Study
Running a business comes with all kinds of challenges – and when employment issues crop up, it’s important to act quickly, fairly, and within the law.
-
9 all-important FAQs on the Employment Rights Bill
From what it is, to when it's expected to come into force, and specifics, we've answered the key question on the Employment Right Bill here. Updated July 2025.