Statutory Sick Pay
If you're an employee and unable to work because you're ill, you may be able to get Statutory Sick Pay (SSP). Some employers have their own sick pay scheme instead.
Who is eligible?
If you're working for an employer under a contract of service (even if you've only just started), you're entitled to Statutory Sick Pay if the following apply:
- you're sick for at least four days in a row (weekends and bank holidays are included); and
- you're earning at least £90 a week on average
Who isn't eligible?
You can't get Statutory Sick Pay if you're away from work because any of the following apply:
- you're taking part in trade union action
- you're in legal custody
- you’ve been getting Employment Support Allowance in the 12 weeks before your illness
- you've been getting Incapacity Benefit in the eight weeks before your illness
You can't claim Statutory Sick Pay for any period of illness that starts during the same time you're entitled to Statutory Maternity Pay or Maternity Allowance.
Information for agency workers
Can I get SSP?
From 27 October 2008 the restrictions that prevented payment of SSP to agency workers whose contracts are for 3 months or less have been removed.
SSP is payable to you in exactly the same way as it is payable to other employees, if you meet the qualifying conditions for payment. It remains payable while you are working on an assignment or are under contract with your agency. If you need more information, telephone HM Revenue and Customs Employees Enquiry Line on 0845 302 1479.
How it works
Statutory Sick Pay is paid for every day you'd normally be working. It starts on the fourth day of any period of sickness and lasts for a maximum of 28 weeks.
If you get sick again within eight weeks of the previous period of illness, you can claim Statutory Sick Pay from the first day.
In some cases you can return to Employment Support Allowance/Incapacity Benefit if you have a linking letter and you are sick again within 104 weeks (two years) of your last payment of benefit.
If your employer has their own sick pay scheme instead of Statutory Sick Pay, you'll need to make sure you understand and follow the rules (which may be different from Statutory Sick Pay).
How it's paid
Statutory Sick Pay is paid by your employer, usually on your normal payday in the same way as your wages or salary.
Statutory Sick Pay is subject to tax and National Insurance contributions, although your earnings may not be high enough unless you get other payments on top of Statutory Sick Pay.
Telling your employer
To get Statutory Sick Pay, you must tell your employer that you're sick no later than seven days after you first became ill.
Your employer can't insist that you tell them in person, or that you contact them more than once a week while you're ill. You can write a letter explaining that you're sick (the postmark is taken as the date you informed them) or phone them.
Or complete Form SC2 'Employee's Statement of Sickness'. You can get this from your doctor's surgery or download it from the HM Revenue & Customs website.
If you don't tell your employer straight away, they can withhold payment of SSP for the period of the delay. You might also face disciplinary action.
You don't have to give medical evidence when you first become sick. But if you're sick for more than seven days (including weekends and bank holidays), your employer may ask for a sick note from your doctor or hospital.
Download Form SC2 'Employee's Statement of Sickness' (PDF, 68K) from the HMRC website 
What else you need to know
If you have more than one job
You may be entitled to Statutory Sick Pay from each employer.
Your job is protected
Your employer can't end your contract of service to avoid paying you Statutory Sick Pay.
When statutory sick pay ends
If you're still sick after 28 weeks, you can apply for Employment Support Allowance.
Source: www.direct.gov.uk
© Crown copyright
| < Prev | Next > |
|---|