Statutory sick pay FAQ

 

« How much a week is SSP »

How much SSP should be paid for a week?

The weekly rate of SSP usually changes each year, however, the calculation does not. We have an ssp calculator that will calculate the exact amount to pay. It is calculated on a daily basis from the fourth working day off, the first three days are not paid. The daily rate is calculated by dividing the weekly rate by the number of normal working days in a week, if two days a week are worked the daily rate is half the weekly rate, if three days a week are worked the daily rate is one third of the weekly rate, and so on. On a five day working week with two complete weeks off the SSP would be paid for one week and two days.

« Ceasing the payment of SSP »

Can an employee check if they have been paid the correct amount of SSP once payments have ceased?

Five weeks prior to the time when the maximum period of consecutive weeks of SSP will have been paid, or as soon as possible for other reasons, an SSP1 booklet (SSP and Incapacity Benefit), available from the Benefits Agency, should be completed and given to the employee. This will inform the employee of the last date that SSP will be or has been paid, the dates that the paid SSP covered and the reason why SSP has been ceased. As current period and year to date SSP payments have to be listed on the payslip it is a fairly simple calculation to work out whether the correct amount has been paid. Have in mind that a period of SSP may cover two tax years and that the amount on the payslip will only refer to the current tax year.

« Level of SSP »

I have been employed for 18 months and I have to take a period of two months off sick. Why is my SSP only a quarter of my normal salary?

SSP is not linked to your salary it is a fixed weekly amount calculated on a daily basis. It is intended to make sure that a minimum amount is paid for periods of illness when no better company scheme is operated. Many companies have their own sick pay scheme which is usually based on the employees length of service and will offer certain periods at particular levels or percentages of  an employees earnings. Typically it may be something like: under one years service ~ SSP, under three years service ~ 50% salary for 3 months, 25 % salary next 3 months, over three years service ~ 50% salary for 6 months, 25 % salary for 3 months. Company sick pay is not a statutory entitlement it is a contractual right, if there are no terms in your contact of employment regarding a company sick pay scheme then you will have to rely on SSP.

« Entitlement to SSP »

I work full time and have a permanent contract, am I entitled to receive SSP from my employer? Should I also receive a payslip?

All employees aged over 16 and earning equal to or more than the Lower Earnings Threshold for NI and who have currently been paid less than 28 weeks consecutive SSP are entitled to receive SSP. If you qualify and your employer is not paying you SSP then they should have given you a SSP1 booklet that states why they are not paying SSP. All employees must receive a statement of earnings that details the gross earned pay, statutory payments etc, deductions and net pay along with similar year to date amounts, this is commonly called a payslip.

« Recent employee entitlement »

I have an employee who started work three months ago. He has had 4 days off for a family emergency, taken 6 days sick leave and had 2 days holiday. Apart from the holiday do I have to pay him for the days off?

There are no statutory regulations that give an employee paid time off for a family emergency although you can if you wish or if there are contractual reasons to pay. All employees aged over 16 and earning equal to or more than the Lower Earnings Threshold for NI and who have currently been paid less than 28 weeks consecutive SSP are entitled to receive SSP. The first three consecutive working days off are not paid (waiting days), payment starts on the fourth consecutive working day off. If the six days sick leave were all consecutive then he would be entitled to three days SSP. If the number of consecutive working days off in any one sick period did not exceed three then he is not entitled to any SSP.

« Linking SSP periods »

If an employee is off for eight working days for which SSP paid (5 days) and then takes a further two days off sick four weeks later should he be paid SSP for those two days?

Periods of sick leave within eight weeks of the end of one period when SSP was paid and the start of another are called linked periods. Linked periods have special rules regarding the three unpaid waiting days. If, within a linked period, a further four consecutive work days are taken off then the three waiting days are paid in the current period of sickness. The important points in this are that in the previous sick period SSP was paid and that the current period exceeds three days sick. If the number of days off are less than four in the current period then no SSP is paid and it can't be used as part of a future linked period as no SSP was paid. To answer your question; the employee will not be paid for the two days as it does not qualify under the linked period rules as the employee was off for less than four consecutive work days.

« Are the first three days of SSP paid »

If an employee is off sick for less than four days is the employee to be paid by the employer or does the employee lose those days pay?

There is no SSP paid for the first three days of an absence, it only kicks in on the fourth day, however, that is not to say that the first three days can't be paid. It is only the rules regarding SSP that forbid payment of the first three days. A contract of employment or a union negotiated agreement may require the employer to pay these days independently of SSP under a company sick scheme or similar. If there are no agreements or terms and conditions that require the employer to pay anything other than SSP then it is entirely up to that employer what they pay, if anything, in addition to SSP. Any decision to pay extra must be permanent and across the whole of the work force, although it may only apply to employees who have reached a minimum length of service, otherwise the employer may fall foul of the discrimination rules. If the employer decides to make extra payments it should be written into the terms and conditions of the employment contract. After a period of time it will be automatically implied as such due to custom and practice.