Sick pay
You love your job, but you're too ill to do it. TheSite.org looks at your rights to sick pay.
At the start of a new job it's very important to know if you're entitled to days off sick. Most permanent, full-time employees are allotted a number of days per year in which they can call in sick and still receive their wages. But this is entirely up to your employer, so don't rely on it. If your job starts with a probation period, you may not get company sickness benefits until you complete this.
When you're ill you must contact your employer immediately to tell them you won't be coming to work. You should know beforehand who to notify, where to send in medical certificates, any rules concerning self-certification and also what's likely to happen if these rules are not complied with. You should be able to find this information in your contract or staff handbook, or on the company intranet.
If your employment contract offers sick pay then you will be paid as usual. If you aren't covered for illness, then you won't. However, if you are still sick after four days, you may be entitled to receive some compensation.
Statutory Sick Pay (SSP)
Most people who are ill and unable to return to work are eligible to receive Statutory Sick Pay (SSP). This is the minimum amount employers must pay you by law (including during any probation period you may have). To be eligible to receive SSP, you must:
- Earn at least £95 a week, or £97 a week from April 2010
- Be between 16 and 65 years of age
- Have performed some work under the employment contract
- Be sick for four or more consecutive days
SSP is not paid if you are in the maternity allowance period or you've received Employment and Support Allowance (ESA) in the last 12 weeks - your employer should give you a form to say you can't get SSP and you can then reclaim ESA instead.
You can get SSP if you work part-time, on a fixed-term contract or you're an agency worker, but not if you're self-employed. However if you're self-employed you may be able to claim ESA.
How to claim SSP
Once you meet all the requirements for receiving SSP, your employer will supply you with the proper documents to make your claim. For an absence of a week or less, a self-certification form completed by you is usually all that is required to confirm your illness. After a week, you need to provide a doctor's note.
How much you will receive?
Qualified employees get £79.15 a week. Your employer may separately agree to give you more sick pay depending on your contract. You will not receive SSP for the first three days off work unless you were getting SSP at any time within the previous eight weeks. In that case, you will be paid from your first day off work.
If SSP is your only form of income when you are off sick you may be eligible for things like housing benefit.
How long will you get SSP for?
You can receive SSP for up to 28 weeks for a total of three years. However, you must return to work for at least eight weeks before commencing another 28-week period.
If you have a persistent illness and are unable to work or your SSP has run out, you may be able to claim ESA, which has replaced incapacity benefit.
What else should I know?
- If you are sick whilst on leave, you should tell your employer as you may be entitled to extra days to compensate
- You receive SSP as in the same way as you get your wages
- If your employment ends while on SSP, your payments will stop
- SSP is not affected if you have to go into hospital
- If you work abroad you may be able to get SSP if your employer is liable to pay National Insurance contributions for you
When could an employer refuse to pay me sick pay?
You can lose some or all of your sick pay (both the pay agreed in your contract and your SSP) if you do not tell your employer you're off sick or follow the correct procedures (such as calling in by a certain time), unless there was a good reason you couldn't.
If you are off work for more than four short periods of four to seven days in one year, or off for a longer period of time, your employer can ask a government agency called Medical Services to investigate. They'll ask you to allow them to contact your doctor. If the Medical Services report says you have been off work without good reason, you can be refused SSP; although you can appeal.
Can I be dismissed for taking time off sick?
Your employer can take action if they think you are taking too many days off sick, such as issuing a disciplinary warning. If you are dismissed whilst receiving SSP, your employer will give you a form (SSP1) that you need to claim benefits. If you think you were dismissed unfairly, you can complain to an employment tribunal.
If you were dismissed, or sick pay was refused, because of a disability, your employer may be breaking the law regarding disability discrimination. If you have a persistent health problem, this may qualify as a disability under the Disability Discrimination Act (DDA).
If you have any questions about SSP or are refused it by your employer, you should consult your nearest advisor at the Citizens Advice Bureau or speak to your trade union if you belong to one.
Thanks to the CAB for help with this article.
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Originally written by Roseann Hernandez
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