Statutory sick pay FAQ

 

« Sick notes and SSP »

Must a sick note be provided by the employee before they are entitled to SSP?

The employee can 'self certify' for the first seven days (1 week) by completing a self certification form and this will entitle them to start receiving SSP. After the first week they must provide a doctors 'sick note' or suitable verifiable substitute; hospital sick note, private clinic note etc. SSP finishes on the last date on the sick note or self certification form and will only continue if further sick notes are produced; SSP is only paid for the dates on the sick note, so any intervening days between the end date on the last sick note and the beginning date of the next sick note are not paid. SSP entitlement ceases on the date of return to work regardless of the date on the final sick note. Sick notes are due to be replaced by 'fit notes' in April 2010, these new forms advise employers what the employee is fit to do and under what circumstances or conditions.

« SSP payments with multiple employers »

How much SSP is an employee entitled to when they work for multiple employers?

An employee is entitled to full SSP from each employer that they qualify for. If an employee works for three employers and earns the NI lower earnings threshold or more from each employer then they are entitled to receive the full SSP entitlement from each. The end result is that for two employees earning the same salary, one with one employer and the other with, for example, three employers, the employee with three jobs receives three times the amount of SSP than the employee with one job. A true example of how the powers that be are promoting equality within the workplace (not!).

« Maximum SSP entitlement »

What is the maximum length of time that an employee can receive SSP?

An employee is entitled to receive a maximum of 28 consecutive weeks SSP payments, if their period of illness continues after this they may be able to make a claim from the Benefits Agency. If the employee returns to work for eight weeks or over and then goes off sick again they are entitled to a further 28 weeks SSP. If they go off sick within eight weeks of returning after being paid 28 weeks SSP they are not entitled to receive further SSP as the second period is classed as a linked period of SSP. Special rules apply to continual unlinked periods of extended or maximum SSP payments over a three year period.

« SSP and contractual exclusions »

Can the entitlement to SSP be stopped by a condition in the contract of employment?

SSP is a statutory entitlement and every employee who earns the NI lower earnings threshold or more qualifies. As a statutory entitlement it can't be avoided by contractual terms, only improved up on. An employer who does not pay SSP when the employee is entitled to receive it is breaking the law and could be prosecuted.

« Part days off »

If an employee works for half a day and then goes off sick is that day the first sick day?

If an employee works any part of the day then that day is classed as worked. SSP's purpose is to provide a minimum income for unpaid time off whilst ill, by working part of the day a payment has been made and therefore it does not qualify as a day on which SSP could be paid or classed as a waiting day. The first three full consecutive working days are unpaid waiting days.

« Maximum age limit for SSP »

What is the upper age limit for the payment of SSP?

There is no longer an upper age limit for the payment of SSP. It used to be the state retirement age but since October 2006 under the age discrimination laws it was removed. An employee, no matter what their age, still has to qualify for SSP in terms of their earnings regardless of whether they are excluded from making NI contributions. As with everything to do with discrimination there are moves afoot to continue with the 65 years old age limit.

« SSP bridging two tax years »

If an employee has a sick note that spans two tax years what rate of SSP is paid, the new or the old rate?

Most payments made to employees have the regulations applied based on the date of payment, however, SSP (along with SMP, SPP and SAP) are based on the date the entitlement covers. If an employee is paid monthly on the 15th and has been off ill for one month the payment made on 15th April will have an SSP payment at the previous rate for the period off ill up to and including 5th April at the previous tax year's rate and a payment from the 6th to 15th of April at the current tax years rate. The only consistent thing here is that nearly all HMRC funded payments are entitlement date specific (it usually costs them less) and the majority of employer payments are payment date specific (as the admin for HMRC is easier).