An overview of Statutory Sick Pay (SSP)

In the UK, employers must, by law, pay Statutory Sick Pay (SSP) to employees when they meet certain eligibility conditions.

What are the eligibility conditions?

• they’ve been off sick for more than three days in a row, including non-working days,
• they earn on average at least £123 a week, before tax,
• they’ve told their employer within any deadline the employer has set or within seven days

The employee may still qualify for Statutory Sick Pay (SSP)  if they have started their job recently and not received eight weeks’ pay at the start of sickness absence.

SSP is paid by your employer in the same way as your normal wages, for example weekly or monthly.

You must usually tell your employer you’re unable to work before the deadline they set (or within 7 days if they have not set one). You could lose some of your SSP if you do not tell your employer in time.

More details regarding SSP eligibility conditions can be found here.

What is the employee entitled to if off on sickness absence?

The employer must pay the employee £116.75 per week for up to 28 weeks (and ensuring that the absence is certified correctly – Self Assessment for up to 6 days and a Fitness to Work Note (Fit Note) for the sickness of 7 days or more, including weekends).

You can get a fit note (sometimes called a sick note) from the following healthcare professionals:

• GP or hospital doctor
• registered nurse
• occupational therapist
• pharmacist
• physiotherapist

What if an employee has sickness absence for any other reason (other sicknesses)?

SSP is payable from the fourth day of absence. The days the employee are off sick when they would normally have worked are called “qualifying day”. If an employee is eligible to be paid SSP, they will receive SSP for all days apart from up to the first three days – “waiting days”. However, the employee will receive payment for “waiting days” if they have received SSP within the previous eight weeks if it included a three-day waiting period.

The employee will be paid SSP by their employer in the same way that they would receive their normal wages and at the same interval.  The SSP will be subject to tax and NICs.

What if the employee has linked periods of sickness?

If an employee has regular periods of sickness absence, they may be “linked”, which means that the periods of sickness absence:

• last four or more days each
• be eight weeks or less apart

The employee will not be eligible for SSP if they have had linked sickness absence in excess of a three-year period.

Paul Beare Limited can work with you to ensure that your business is established in all aspects of UK HR law and policies. Please get in touch to find out how we can support you in this area.