Statutory Sick Pay, often called SSP, is a benefit paid to workers who are sick.  It is paid by employers for up to 28 weeks` absence from work because of illness. It is a summary only and not a full statement of the law.

Qualifying for SSP If you earn enough to pay National Insurance contributions then you qualify for SSP. This figure, the Lower Earnings Limit, is currently £102 per week (to 6^th April 2012). You have to earn this amount on average over the eight weeks before you fall ill.  If you have not worked for eight weeks, then it is averaged out over the period that you have worked. A few groups of workers do not qualify for SSP; see the list over the page.

SSP is only paid if you are sick for four working days in a row or more (this can include weekends and bank holidays if you normally work them). However, you do not get paid any SSP until your fourth working day of absence.  You only get SSP for days you would normally work.  If your working week varies, you and your employer must agree on which days will count as working days. If you are entitled to receive SSP your employer should pay it in the same way as your wages are paid.

If you have more than one spell of sickness of four days or more within eight weeks, they are counted together and you do not have to wait another three days before getting SSP the second time.

How much will you get? From 6^th April 2011 the weekly rate of SSP is £81.60. Tax and National Insurance may be deducted from this. Your employer should pay you the weekly rate for every full week you are off sick, or a daily rate if you are sick for part of a week.  The daily rate is calculated by dividing the weekly rate by the number of days that you normally work in a week.

Reporting in sick You must tell your employer as soon as possible that you are sick. Most employers have rules about this, and you must check your contract and handbook if you have one to see what they are. You must follow the rules, otherwise you may lose out on sick pay.

Your doctor won`t issue you with a “fit note” until you`ve been off work for a calendar week (seven consecutive days, such as Tuesday to Monday or Friday to Thursday for example). Until then you`re expected to “self-certificate” which usually means that you phone in according to your employer`s rules. Some employers have self-certification forms to complete. Contact us if you need further information and advice about self-certifying.

“Fit notes” Recently the old ”sick notes” that doctors issued to people still off sick after 7 days have been replaced by “fit notes”. Doctors now have to say either that someone is unfit for work or that s/he may be fit for work, if the employer could offer a phased return to work, amended duties, altered hours or workplace adaptations. The doctor has to suggest which of these may help, but employers do not have to follow the doctor`s recommendations. Contact us for more info and advice about this if necessary.

What to do if your employer doesn`t pay  If you qualify for SSP your employer must pay it to you. Failure to pay it is an illegal deduction from pay in law. You should send your employer a grievance letter; see our factsheet on Grievances for guidance about this You can also complain to Jobcentre Plus, where an adviser should check out your entitlement and contact your employer about it.

What if you are still ill after 28 weeks? At the end of your 22^nd week of illness you employer should give you a form, called the SSP1, which allows you to transfer to Employment & Support Allowance from your 29^th week of sickness onwards, if you are eligible.  If you do not receive the SSP1 form you should ask for it otherwise there could be a problem.

Holiday entitlement off sick Workers on sick leave continue to accrue their (statutory) holidays of 5.6 weeks` per year, and for workers off sick long term the rule about not carrying holidays over into the next holiday year does not apply. This means that all holidays accrued during sick leave can be taken by a worker who returns to work, or paid on termination of employment if the employment contract is ended.

What happens if you change jobs? On leaving your job, you should ask your employer for a statement giving details of periods of sickness, the number of days for which SSP was paid, and the number of qualifying days in a week.  This will help protect your right to Employment & Support Allowance if you have had SSP before changing jobs.

Can your employer dismiss you whilst you are ill? Sickness can be a fair reason for dismissal, but your employer must follow correct procedures if you have been employed for 12 months or more.  See our factsheet “Dismissal for Sickness” and “Disability at Work” for information about this.

You cannot get SSP if:

• You fall ill outside the European Economic Area; Or
• You fall ill within 57 days of receiving certain benefits; Or
• You have done no work under your contract; Or
• You become sick whilst on strike; Or
• You have a pregnancy related illness within 4 weeks before your baby is due or you are within certain weeks after childbirth; see our booklet ‘Having a Baby’.

If you cannot get SSP you may be entitled to Employment & Support Allowance (ESA) but only if you have paid enough NI contributions. You may also be entitled to additional allowances depending on your age and whether or not you have dependents.

Other benefits If you cannot get SSP or ESA, or if it does not give you enough money to live on, you may also be able to claim other benefits.  You may also be entitled to free prescriptions. If your condition is serious enough you may qualify for Disability Living Allowance if you are under 65 or Attendance Allowance if you are over 65. You should contact your local CAB, Welfare Rights service or Community Legal Services on 08453 454345 about benefits.

If you need more information about pay and employment rights, contact

Greater Manchester Pay and Employment Rights Advice Service

0161 839 3888 phone and answer machine

4^th Floor, Swan Buildings, 20 Swan Street, Manchester M4 5JW

We provide telephone advice only and cannot see

people face to face

or visit our website: www.gmemploymentrights.org.uk

Trade Unions

Trade unions help workers to get better pay and work conditions.

For further information contact:

North West TUC, Suite 506-510, The Cotton Exchange, Old Hall Street, Liverpool L3 9UD

Tel: 0151 236 5432

Greater Manchester Pay and Employment Rights Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme:

April 2011