Statutory sick pay – hints and tips
Where an employee is absent from work due to sickness or accident for at least four consecutive days (including weekends) he or she forms a period of incapacity for work (PIW).
SSP is paid in respect of qualifying days, which are generally the days which an employee is expected to work.
The first three qualifying days in a PIW do not qualify for SSP.
On the fourth and subsequent days, the employee should be paid SSP.
The current rate is £95.85 per week.
If entitled, this rate is irrespective of the hours worked per week and should not be pro-rata’d for part-time employees.
If however, you have to find a daily rate, you need to pro-rata this by the number of days worked.
If an employee is sent home part way through a day, this is not classed a sick day.
It is not until the following full day that they are off due to sickness that is classed as a qualifying day, as it was their intention to come into work.
One or more PIWs can be linked to form a single period if they are separated by no more than 56 days.
This means that no waiting days have to be served at the beginning of the second period.
Employees are not eligible for SSP in certain circumstances, the principle reasons being as follows:
- If their earnings are below the lower earnings level, which is currently £120 per week.
- They have done no work at all under the contract.
- They have been paid SSP for 28 weeks in any PIW, whether linked or not.
If an employee has two contracts with two separate employers they can claim sick pay from each employer.
Where an employee is excluded from entitlement to SSP they should be given a form SSP1.
The statutory minimum holiday entitlement continues to accrue for those off sick, therefore if an employee is dismissed on the grounds of ill health capability, the employee is still entitled to payment to reflect the holiday leave that has accrued but remains untaken.
Employees who have been off sick and therefore unable to take their holidays are entitled to carry over their holiday entitlement to the following year, but this right applies only to the four weeks’ minimum entitlement as specified in the Working Time Directive.
Carried over leave must be taken within 18 months from the end of the leave year in which it accrued.
Where employees have been on sick leave and are returning to work on a phased basis, if SSP has not been exhausted, an employee is entitled to receive full pay on days that they are at work and SSP for the days which they are still off.
Employees can qualify for sick pay from more than one job or can qualify for one job but still work in another job.
Coronavirus eligibility
Employees will qualify for SSP if they meet the criteria and cannot work if:
- They are self-isolating because they or someone they live with has symptoms of coronavirus.
- They are shielding.
- They are self-isolating because they were notified by the NHS or public health authorities that they’ve come into contact with someone with coronavirus.
- They are self-isolating because someone in their support bubble (or extended household in Scotland or Wales) but not their own household had symptoms or tested positive for coronavirus.
- They have tested positive for coronavirus.
- They are self-isolating because they have been advised to do so by a doctor or healthcare professional before going into hospital for surgery.
Employees will not qualify for SSP if they are self-isolating after entering or returning to the UK, and do not need to self-isolate for any other reason.
SSP in these circumstances is payable from the first ‘qualifying day’ an employee is off work, as long as they are off for at least 4 days in a row so there is no qualifying period.
This includes non-working days.
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I’ve just started back work after being off for 10 months, my employer said for me to do just 2 days to get back into the routine, does that mean if I go off sick again I will not get ssp ? And how long do I have to wait before I can claim ssp again. Thanks
Hi Teresa
Thanks for your question.
It depends on when you are next off ill. If you have a new period of incapacity for work that is separated from the previous sickness period by a gap of more than 56 consecutive days at work, SSP is payable again.
Hope this helps.
I have been off sick for 7 months and my SSP has now stopped. Will I be eligable for any other form of payment before returning to work in approx 7 weeks time
Hi Susan
Thanks for your comment.
Depending on when your holiday year starts/ends and what leave you have taken, you may have accrued annual leave to either carry over or be paid for. You should speak to your employer regarding this and the arrangements for your return to work.
Hope this helps.
I work 10 hours a week and have took 4wks of work due to grief/stress/anxiety/depression. Am I entitled to ssp
Thanks for your question Margi.
It depends on how much you are paid. You have to earn above the lower earnings limit to be entitled to SSP. This is currently £118 per week. If you earn over this amount then you should be entitled.
Hi I work just 2 days a week and have been off 7 days my employer said I’m not entitled to any ssp is this correct.
Thanks for your question Irene.
It depends on whether you are eligible, for example, you need to earn more than the lower earnings limit of £123 per week to be eligible. If you are not eligible then your employer must fill in the SSP1 form which will explain the reasons why you are not entitled to Statutory Sick Pay and what you can do if you disagree with your employer’s decision.
Hope this helps.
If my doctor gives me a sick note but says that I am fit to do amended duties instead of ticking Unfit To Work will I still get Statutory Sick Pay? It is not possible in my job to do amended duties do that cant apply
Thanks for your question Susan.
Yes you will, providing that you are eligible to receive SSP.
Learn more when you visit > Statutory Sick Pay
I have 2 zero hour jobs neither of which pay the minimum necessary amount for SSP, both of them seasonal. I will need surgery in the next few months which will result in about 2 months of not being able to work. What benefits would I be eligible for?
Thanks
Unfortunately, you would have to qualify in each employment. Have a look at Gov.UK website for more info on eligibility and what to do if you are not eligible:
https://www.gov.uk/statutory-sick-pay/eligibility
I work 16 hrs a week I Hav a contract of employment and earn over 120 pounds a week am I entitled to sick pay
Yes, you should be eligible as you earn over the lower earnings limit. Check out the Gov.UK website for further details https://www.gov.uk/statutory-sick-pay/eligibility
if you fall sick in a non eu country are you entitle to sick pay
Thanks for your question.
As long as you are a UK employee and paying your NI contributions and your absence is certified by a medical certificate then you are entitled to SSP. If you are on holiday you may have a non-UK medical certificate or you may visit your GP on your return to the UK to ensure you have a fit note that covers your absence. If you are working outside of the EU and not paying NI contributions then you would not be eligible.
I only have one employee working for me who is also currently receiving a state pension. She is going off sick for the next few months to have an operation. My business will have to close while she is off. Do I have to pay her sick pay?
Hi Sarah
Thanks for your question.
Providing your employee meets all other qualification criteria then they are entitled to SSP.
The fact that your business will need to cease for a period of time or that they are claiming pension is irrelevant I’m afraid.
This link may help provide further info.
Check if you’re entitled to sick pay
If you are ceasing trading altogether then this is a different scenario to a temporary cessation of work.
I resigned my post as a carer – giving notice to leave weeks ahead.
I then sustained work related back injury and asked for light duties. Although promised lighter duties didnt materialise and I aggravated the back injury further. This resulted in need for sick leave for 4 days before leaving date. However 8 weeks later I am still injured and unable to work but no.longervrmployed byntge company. Can I request SSP from them as I was injured in their work place? Are they liable to provide SSP if I have GP sick note?
Please advise?
Thanks for your question.
You are only entitled to SSP for the period of your employment I’m afraid.
You will need to contact your local Jobcentre Plus to see what entitlements you are eligible for:
Here is the link > Jobcentre Plus
Hope this helps.
I’m an agency supply teacher have averaged over £200 a week for the last eight weeks and am suffering from severe back troubles my doctor will sign me off sick. Will I be entitled to ssp? Also what happens during the half term breaks to my ssp if I’m off that long?
Hi Dom
Thanks for your question.
The first test for SSP eligibility is to check whether you are an employee. Check your contract with the agency and speak to them to determine this. Once you know this there is an online calculator on Gov.UK that you can use to input your details to check eligibility. To check this click Calculate your employee’s statutory sick pay Hope this helps.
I retired from nursing on a pension and for the past 2 and a half years have worked as a care assistant with a charity organisation. I recently had to have an emergency knee replacement. I wondered as my employer does not pay sick leave am i entitled to any sick payment.
Hi Phil
Thanks for your question and sorry for the late reply.
It will depend on your earnings if you qualify.
Take a look here Calculate Statutory Sick Pay to see if you qualify.
Hope this helps,
thanks
Solutions for HR
i have been unable to work for the last 12 months due to the same ongoing illness, I recieved statuatory sick pay for first 28 weeks . I am still employed but no longer recieving any pay at all . Am I entitled to SSP again now as its longer than 8 weeks since last receiced it?
or is there any other benefit I can receive?
Hi Nigel
Thanks for your question.
Unfortunately, you are not eligible for SSP as you have had the 28 weeks. You need to request an SSP1 form from your employer which will enable you to speak to the DWP to see what benefits you may be able to access.
Hope this helps.
Hi, I have 3 linked periods of sickness between February and currently off ( June ) Does the ssp rule of earning more than £118 a week still apply if my earnings have dropped below that due to being off sick. I am contracted to work the same 2 days per week totalling 16 hours at minimum wage. Thanks : )
Hi Tracey
Thanks for your question.
Entitlement to SSP is decided by applying the qualifying conditions to the first day on the first PIW, not the start of any later linked PIW, so providing you qualified for the first absence, you will for any further linked absences.
Hope this helps.
Hi I have two linked periods of sick. Back trouble
One in July to November
And one March to June
Does the ssp start again on the second period ?
Thank you
Thanks for your question.
Sorry I couldn’t tell properly from your comment which period came first.
If it was the first in March to June then the second in July to November then these are linked.
If it was the other way round they are more than 8 weeks apart so not linked.
This would mean SSP would start again for the second period.
Hope this helps.
Hi I have been told I’m not entitled to ssp as my work have taken the last 8 weeks pay from the start of my sick line(23rd). And not the first day taken ill (taken to hospital17th) so when calculating my average wage over 8 week I only have 7 weeks paid work. They are saying this is correct. I can’t find a definitive answer online. Thanks
Thanks for your question, Vicky.
There are a number of factors that will affect whether you receive SSP.
Have you tried using the online calculator on Gov.UK as this will help you identify eligibility?
Just click Calculate your employee’s statutory sick pay.
Hi,
My employer informed me that I have to self-isolate for 10 days, I lost many hours at work which means,no money earn.I didn’t receive SSP,nothing.My net payment on 8 February £823.Next salary after 4 weeks time.
Hi Marek
Thanks for your question and we are so sorry for the late reply.
We missed the email notification.
In response to your question…
If you were self-isolating due to covid then in normal circumstances you should get SSP. Have a look at https://www.gov.uk/statutory-sick-pay for eligibility and speak to your employer about this if you don’t believe that they have processed your absence correctly.
Hope this helps.
I am unable to work due to a stroke and am unlikely to return to work. Is my employer duty bound to pay me SSP for the 1st 28 weeks or can they just lay me off due to illness
Thanks for your question Colin.
The entitlement to SSP is for “up to” 28 weeks. If you are not employed for the full 28 weeks, then there is no entitlement to receive for the full duration. Your employer would have to carry out a fair and reasonable process if your employment was not to continue throughout this period though.
Hope this helps.
Hi my employee left the job by given me 4 minutes notice instead of 4 weeks as per contract. Now he is not responding and sending messages through 3rd party that he is going to claim SSP as he is not ill at all.
Do I still liable to pay his SSP as he left the job.
Please let me know.
Thanks for your question. This depends on whether he has resigned or whether he is off sick. It is unclear from your question. If he has left (i.e. resigned) with no notice then he is not eligible for SSP. If he remains employed, then he may be eligible for SSP, depending on the eligibility criteria for receiving this. See Statutory Sick Pay Eligibility Hope this helps.
i am a zero contract worker for the nhs
i am was of sick. sent in my drs fit note and had assumed i didn’t qualify for sick pay. I had three weeks off. I went back to work for one day to see if i could manage (hurt knee). I completed the shift but it was painful/upset and hurt. I am now off sick again and have a new drs fit note.
question is because i went back to work for one day will i get sick pay now?
my agency are saying have had to work the 8 weeks leading up to the sickness and have earnt £123 per week. But i havent worked 8 weeks leading up to this one day …as i was off sick.
Thanks for your question Susan.
If you qualified for SSP for the first three weeks that you were off then this “new” period will be a linking period and you will still qualify. If you didn’t qualify for the first three weeks then this is classed as a new period.
Learn more by clicking > Statutory Sick Pay (SSP)