Sick Pay

Caragh Bailey
04/03/2021
9
6 min read
Sick Pay from Employment Law Friend

If you're too ill to work and need to take sick leave then you may be worried about what pay you are entitled to. We explain what statutory sick pay is, if you're eligible to receive it, and how you can claim it.

Statutory sick pay (SSP) is the minimum amount of pay you can receive from your employer when you are off sick for 4 or more days, or you’ve been told to self-isolate because of coronavirus. In most cases you aren’t eligible for sick pay in the first 3 days off sick. You can claim SSP for up to 28 weeks. Your company’s sick pay policy should be stated in your employment contract.

CSP Calculating sick pay


    1
    take the weekly rate which is £96.35 as of 1st April 2021 (up from £95.95 last year)
    2
    divide it by the number of qualifying days in the week*
    3
    multiply it by the number of days you are entitled to**

*Qualifying days; days you would normally be at work i.e Monday to Friday.
**Days you’re entitled to: number of days off sick after 4 or more.

Entitlement to sick pay


If you follow your employers rules for getting sick pay, you're entitled to receive it as long as you:
  • fall sick for 4 or more working days
  • have an average earning of £120 per week before tax
  • are not in one of the ineligible categories

You are entitled to SSP even if you work part-time or you're on a fixed term contract.

You can still qualify for Statutory Sick Pay if you are on Furlough

You are not entitled to SSP if you:
  • have already received 28 weeks of sick pay
  • are self-employed
  • are getting statutory maternity pay
  • your illness is pregnancy related and your baby is due in less than 4 weeks
  • had a baby in the last 14 weeks
  • work in agriculture
  • work in the armed forces
  • had Employment Support Allowance in the last 12 weeks
  • are in legal custody

You may be eligible for self employed sick pay if you are under state pension age and you have a disability or health condition that limits how much you can work. This is known as a ‘new style’ Employment and Support Allowance (ESA).

long term sick pay

If you suffer from long-term sickness or a disability that means you are unable to work for more than four weeks, you are considered long term sick. The four weeks don’t have to be continuous, they can be ‘linked periods’ if they last four days or more, and are less than eight weeks apart. You are entitled to 28 weeks SSP, you may then be asked to take annual leave should your sickness continue.

If you feel you have been dismissed from work due to long term illness, without any reasonable adjustments being made and without a fair dismissal procedure by your employer, then you may be able to make a claim of unfair dismissal if you have been employed for 2 years or more. Click here to read our information on unfair dismissal and discrimination.

Claiming Sick Pay

To claim SSP you’ll need to tell your employer by the deadline which is stated in your employment contract or within 7 days if it’s not stated. You’ll also need to check your employment contract to see how you should inform your employer.

If you are off sick for more than 7 days in a row (including non-working days) you need to give proof of your illness. You’ll need to provide iether:
  • a sick note for work or a fit note from your GP or hospital doctor
  • provide a self-isolation note from the NHS

If you are of sick for less than 7 days you don’t need to provide a sick note for work, but your employer might ask you to confirm that you were off sick in a ‘self certification’.

Contractual sick pay

Contractual sick pay, also known as occupational sick pay
or company sick pay is your employers own sick pay scheme which you would find in your employment contract. This can’t be lower than the statutory sick pay, but it is usually higher and may include benefits such as receiving sick pay during the first 3 days you are off sick. Check your contract to see what you’re entitled to.

If your employer refuses to pay your contractual sick pay they are in breach of contract and you may be able to raise a grievance.

Frequently Asked Questions
If you are entitled to sick pay, and you have informed your employer within the time limit they have set (or within 7 days if they have not set one) then you will be able to receive SSP. You could lose some of your SSP if you do not tell your employer in time.
Your employer doesn’t have to pay you sick pay in the first 3 days of sickness, unless those 3 days are connected to another period of previous sick days in the past 8 weeks. These are known as ‘linked periods’. You may have occupational sick pay which would be stated in your contract of employment and may entitle you to receive pay for the first 3 days you’re of sick.
You should not expect to get your full wage whilst your are off sick, unless your contractual sickpay states so. The current SSP is £95.85 per week. You may be entitled to more if you get occupational sick pay.

Do you have a problem with your sick pay?
There is much more to winning your case than simply being in the right, our specialist employment solicitors know all the laws and tactics, to make sure you get the best chance at a fair settlement. Get in contact with us and see how we can help.

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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.

 
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