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Question

Last week I was really ill and had to have four days off. My boss has told me I'm not entitled to sick pay because I'm still in my three month probationary period. Is this right?

Answer

Technically, there's no such thing as a probationary period. However, its important to know that during your first year of employment with a company you have very little protection from being dismissed.

Having said that, one of the things you are entitled to during your first year is sick pay. There are two types of sickpay: contractual sick pay and statutory sick pay (SSP). SSP is the minimum laid down by law, and contractual sick pay is what the company will pay over and above SSP. The arrangements for contractual sick pay should be laid down in the company's handbook; you should check this to find out what you're entitled to and when this entitlement kicks in.

SSP is paid from day four you're off sick, and you're entitled to this even in the first three months of employment. As you can see, your boss is incorrect in his interpretation of the law. It might be helpful for you to read this factsheet about SSP and discuss the situation with your employer.

If you have any further problems getting the money you're entitled to, call Acas for help and advice on 08457 474747.

Updated: 29/01/2013


Question answered by CAB


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