Statutory Sick Pay (SSP) is a government-mandated payment made to employees who are unable to work due to illness or injury. In the UK, SSP is paid by the employer for up to 28 weeks to eligible employees. But when does statutory sick pay start?
To be eligible for SSP, an employee must meet certain criteria. Firstly, they must have been off work due to illness for at least four consecutive days, including non-working days. Secondly, they must earn at least £120 per week before tax. Thirdly, they must inform their employer of their absence within the company’s time frame, which is usually the first day of absence. Finally, the employee must have given their employer proof of sickness, such as a doctor’s note, if requested.
If an employee meets all the eligibility criteria, then SSP will start on the fourth consecutive day of absence from work. This means that employees will not receive SSP for the first three days of sickness absence, known as “waiting days.” However, if the employee has been previously off sick within the last 8 weeks, these waiting days do not need to be served again.
It is important to note that SSP payments are not made by the government but by the employer. The current SSP rate is £94.25 per week and is paid for a maximum of 28 weeks. Employers can pay more than the statutory amount if they have a company sick pay policy in place. It is also important for employers to keep records of SSP payments made to employees as they may be able to claim back some of the costs from HM Revenue and Customs.
Employers have the right to ask for proof of sickness from their employees, such as a doctor’s note or a self-certification form. If an employee fails to provide this proof, they may not be entitled to SSP. Employers also have the right to withhold SSP if they believe an employee is not genuinely sick or is abusing the system.
Employees who are on long-term sick leave may be eligible for other forms of financial support, such as Employment and Support Allowance (ESA). ESA is a government benefit for those who are unable to work due to illness or disability and is paid regardless of whether the individual meets the SSP criteria.
When an employee returns to work after a period of sickness absence, their SSP entitlement ends. If the employee falls sick again within 8 weeks of returning to work, they will not have to wait for the SSP waiting days to be served again.
Employers have a legal duty to ensure that their employees are aware of their entitlement to SSP and how to claim it. This includes providing information on the company’s sick pay policy, the criteria for SSP eligibility, and the process for claiming SSP. Employers must also keep accurate records of employees’ sickness absence and SSP payments.
If an employee believes they have been wrongly denied SSP or believe they have been unfairly dismissed or treated due to their sickness absence, they can seek advice from an employment tribunal or a legal advisor. Employers must follow the correct procedures and provide valid reasons for their actions to avoid legal action.
In conclusion, statutory sick pay starts on the fourth consecutive day of sickness absence for eligible employees. It is paid by the employer for a maximum of 28 weeks at a rate of £94.25 per week. Employees must meet certain criteria to be eligible for SSP, including earning at least £120 per week before tax and providing proof of sickness. Employers have a legal duty to ensure that employees are aware of their entitlement to SSP and how to claim it. If an employee believes they have been unfairly denied SSP, they can seek advice from an employment tribunal or legal advisor.