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Statutory Sick pay

What is Statutory Sick Pay?

Statutory Sick Pay (SSP) is a cash benefit granted by employers to employees who are unable to work due to injury or illness. It exists to ensure that employees may still earn money when they are sickness and unable to work, helping them financially during times of illness while also pushing them to prioritize their health and recovery. Essentially, SSP serves as a safety net for employees who are ill, guaranteeing that they never experience financial difficulty while unable to work.

Eligibility Criteria for SSP:

1. Who Qualifies:

To qualify for Statutory Sick Pay (SSP), you generally need to be an employee, not self-employed, and earning at least a certain amount of money. You also need to be sick for at least four days in a row, including weekends and holidays. Additionally, you must inform your employer about your sickness and follow their procedures for claiming SSP. If you meet these conditions, you should be eligible to receive SSP when you’re unable to work due to illness or injury.

2. Length of Employment:

To qualify for Statutory Sick Pay (SSP), you typically need to have worked for your employer for a certain amount of time. Usually, you must have been employed for at least 28 days to be eligible for SSP. This means that if you’ve recently started a new job, you may need to wait a little while before you can receive SSP if you get sick.

statutory sick pay

Payment Amount and Duration:

1. Payment Rate:

Statutory Sick Pay (SSP) pays a fixed amount per week if you’re too ill to work. Currently, the standard rate is £96.35 per week (as of 2022), but this can change annually. It’s paid by your employer for up to 28 weeks. If you work part-time, SSP is still the same amount.

2. Duration:

Statutory Sick Pay (SSP) payments can last for up to 28 weeks if you’re too ill to work. After this period, if you’re still unable to work due to illness, you may be eligible for other types of financial support, such as Employment and Support Allowance (ESA). However, SSP payments stop if you return to work before the 28 weeks are up.

Application Process:

1. How to Claim:

To claim Statutory Sick Pay (SSP), you typically need to inform your employer as soon as possible that you’re too ill to work. You may need to fill out a form provided by your employer or provide a doctor’s note (fit note) if you’re off sick for more than 7 days. Your employer will then handle the rest, including paying you SSP along with your normal wages. If you’re not sure how to claim SSP, you can ask your employer for guidance.

2. Employer Responsibilities:

Employers play a key role in administering Statutory Sick Pay (SSP) and providing necessary information to employees. Their responsibilities include:

  1. Processing SSP Claims: When employees can’t work because they’re sick or injured, employers have to handle their sick pay claims. This means figuring out how much sick pay they’re owed and adding it to their usual wages. It’s like making sure they still get paid when they’re off sick, so they don’t lose out on money because they can’t work.
  2. Providing SSP Information: Employers need to tell their employees about statutory sick leave and sick pay. This includes how much money they’ll get and for how long. They should also explain what employees need to do to get it, like filling out forms. Basically, it’s making sure everyone knows what they’re entitled to if they’re too sick to work, so they can get the help they need.
  3. Issuing Pay Statements: Employers have to put sick pay on employees’ pay slips. This means showing how much sick pay they’re getting along with their usual wages. It’s like giving them a receipt that breaks down everything they’re paid, so they can see exactly what they’re getting for their work, including any extra money for being off sick.
  4. Handling Documentation: Employers might need proof, like a note from the doctor, to confirm why someone is off sick and needs sick pay. They should keep this paperwork safe and private, so nobody else can see it. It’s like making sure there’s evidence to show why someone can’t work, and keeping it protected so everyone’s information stays private.

Impact on Income and Benefits:

SSP and Other Benefits:

Receiving Statutory Sick Pay (SSP) may affect other income or benefits, such as Universal Credit or Company Sick Pay, in the following ways:

  1. Universal Credit: If you’re receiving SSP, this may reduce the amount of Universal Credit you’re entitled to receive. The SSP payments you receive will be taken into account when calculating your Universal Credit payment, so your overall income may decrease.
  2. Company Sick Pay: Some employers offer Company Sick Pay, which is a higher amount than SSP. If you’re eligible for both SSP and Company Sick Pay, you’ll usually receive Company Sick Pay instead of SSP. However, the rules vary depending on your employer’s policy, so it’s important to check with them.

Rights and Protections:

1. Employment Rights:

  1. Entitlement to SSP: If you’re too sick to work and you earn enough, you can get sick pay. It’s like a special payment for when you’re ill and can’t do your job. You have to meet certain rules to get it, but if you do, it’s your right to receive it. So, it’s a way to help you out financially when you’re not feeling well.
  2. Protection against Dismissal: Employers can’t fire you just because you’re sick and getting sick pay. It’s against the rules. They can’t let you go from your job just because you’re unwell or can’t work because of illness. It’s like having protection to make sure you don’t lose your job when you’re not feeling well and need time off to recover.
  3. Protection against Discrimination: Employees should be treated fairly, even if they’re sick or have a disability. Employers can’t treat them differently or unfairly because of it. They have to make changes at work to help them come back after being off sick. It’s like making sure everyone gets a fair chance, no matter what challenges they face because of their health.

2. Returning to Work:

  1. Reasonable Adjustment: If you’ve been sick and need help coming back to work, your employer should make reasonable changes to make it easier for you. This might mean adjusting your job tasks or the hours you work to fit with any health problems you still have. It’s like them making small changes to help you get back into the swing of things after being off sick.
  2. Phased Return: If you’re still not feeling 100% better, you might be able to come back to work gradually instead of all at once. This means starting with fewer hours or lighter tasks and slowly working your way up to your normal schedule. It’s like easing back into work so you don’t overdo it while you’re still recovering from being sick.
  3. Consultation: Your employer should talk to you about coming back to work after being sick. They’ll discuss any changes that might help you, like different tasks or hours. They’ll also ask how you’re feeling and make sure you’re doing okay. It’s like having a chat to plan your return and make sure everything’s set up for you to succeed.
  4. Protection from Discrimination: You should be treated fairly at work, even if you’re sick or have a disability. Your employer can’t treat you worse because you’ve been off sick. They have to treat everyone the same, regardless of whether they’ve been ill or not. It’s like making sure nobody gets treated unfairly because of their health problems.

Exceptions and Special Circumstances:

  1. Self-Employed Individuals: If you work for yourself, you can’t get sick pay like employees do. But don’t worry, there might be other help available if you’re too sick to work. You could be eligible for different benefits instead. It’s like knowing there are other ways to get support when you’re unwell and can’t run your own business for a while.
  2. Earning Below the Lower Earnings Limit: To get sick pay, you have to earn a minimum amount of money. If you don’t earn enough, you won’t qualify for sick pay. It’s like there’s a line, and if you’re below it, you won’t get the extra money when you’re off sick. So, it’s important to earn enough to meet that limit to be eligible for sick pay.
  3. Being in Hospital: If you’re in the hospital getting treatment, you won’t get sick pay. But once you leave the hospital and still can’t work because you’re sick, you might get sick pay again. It’s like a break in getting the extra money when you’re in the hospital, but you could start getting it again if you’re still too sick to work afterward.
  4. Receiving Maternity Pay or Adoption Pay: If you’re getting maternity or adoption pay from the government, you can’t also get sick pay at the same time. It’s like you’re already getting help because you’re having a baby or adopting, so you can’t get extra help for being sick. You’ll have to choose which one you need based on your situation.
  5. Dismissal or Resignation: Even if you leave your job or get fired while you’re off sick, you might still get sick pay for a little while if you qualify. It’s like a buffer period where you can still receive some extra money for being unwell, as long as you meet the rules for getting it. So, leaving your job doesn’t automatically mean you lose all your sick pay rights.

FAQ

What is SSP rate?

Statutory Sick Pay (SSP) rate refers to the amount of money that eligible employees are entitled to receive when they are unable to work due to illness or injury. As of 2024, the SSP rate is typically set by the government and is subject to change annually. Employees who meet certain criteria, such as earning above a certain threshold and providing the necessary documentation from a healthcare professional, can receive SSP for up to 28 weeks. The SSP rate is intended to provide financial support to employees during periods of sickness absence, helping them to cover essential living expenses while they are unable to work.

What are the criteria for receiving Statutory Sick Pay?

  1. Employment Status: You must be classified as an employee and have an employment contract with your employer.
  2. Earnings: You must earn at least the Lower Earnings Limit (LEL) per week to qualify for SSP. As of 2024, the LEL is set by the government and is subject to change annually.
  3. Sickness Period: You must be off work due to illness or injury for at least four consecutive days, including weekends and public holidays. This period is known as a ‘period of incapacity for work.’
  4. Not Exhausted SSP Entitlement: You must not have previously received SSP for 28 weeks, the maximum duration of ssp sick pay eligibility for a single period of sickness leave.
  5. Notification to Employer: Employees must notify their employer promptly of sickness absence, following company procedures. Documentation requirements, such as self-certification or medical evidence, vary based on absence duration and employer guidelines.
  6. Qualifying Days: Qualifying days during sickness absence align with regular work days stated in your contract. These days dictate SSP eligibility, contingent upon your typical work schedule and employment terms.
  7. Not in Receipt of Certain Benefits: You cannot receive SSP if you are already receiving certain other benefits, such as Statutory Maternity Pay or Statutory Adoption Pay, during the same period.