Statutory Sick Pay (SSP) is a benefit given to employees who are unable to work due to illness or injury. This statutory entitlement is designed to support individuals financially when they are off work for a period of time. However, there are specific criteria that must be met in order to qualify for SSP, and it’s important for employees to understand when their entitlement to SSP starts.
So, when does statutory sick pay start? In this article, we will explore the eligibility criteria for SSP and when it begins for employees.
Eligibility for Statutory Sick Pay
In order to qualify for SSP, employees must meet the following criteria:
1. Employment status: The employee must be classified as an employee and have a contract of employment with their employer. Self-employed individuals are not entitled to SSP.
2. Earning threshold: The employee must be earning at least £120 per week on average. This includes any bonuses, commission, or other forms of pay.
3. Notification: The employee must notify their employer of their illness or injury as soon as possible, typically within seven days. They may be required to provide a doctor’s note or other evidence of their condition.
4. Qualifying days: The employee must have been off work due to illness or injury for at least four consecutive days, including non-working days. These are known as “qualifying days.”
when does statutory sick pay start?
SSP typically begins on the fourth consecutive day that an employee is off work due to illness or injury. This means that the first three days of sickness or incapacity are known as “waiting days” and are not eligible for SSP. However, if the employee has been previously off sick within the last eight weeks, the waiting days may be waived, and SSP will start from the first day of sickness.
It is important to note that SSP is paid for up to 28 weeks in a three-year period. After 28 weeks, employees may be eligible for other benefits such as Employment and Support Allowance (ESA) if they are still unable to work due to illness or injury.
Employers are responsible for calculating and paying SSP to eligible employees. The current rate of SSP is £96.35 per week for up to 28 weeks. Employers should keep detailed records of when SSP starts and ends for each employee to ensure compliance with employment laws.
Additional Considerations for Statutory Sick Pay
In some cases, employees may be entitled to contractual sick pay in addition to SSP. Employers should clearly outline their sick pay policies in the employment contract or staff handbook to avoid any confusion. Contractual sick pay may provide employees with a higher amount of pay or extend the duration of sick pay beyond the statutory 28 weeks.
It is also important for employees to be aware of their rights and entitlements when it comes to SSP. If an employer denies an employee SSP without valid reason or fails to pay the correct amount, the employee may file a complaint with the Advisory, Conciliation and Arbitration Service (ACAS) or take legal action against their employer.
Employees who are off work due to illness or injury for an extended period of time may also be assessed for their ability to work through the Fit for Work service. This government-funded program offers support to employees who are at risk of long-term sickness absence and provides advice on returning to work.
In conclusion, statutory sick pay starts on the fourth consecutive day that an employee is off work due to illness or injury, provided they meet the eligibility criteria outlined. Employers are responsible for calculating and paying SSP to eligible employees, and it is important for both employers and employees to understand their rights and entitlements when it comes to sick pay. By following the guidelines set out by the government, employers can ensure that their employees receive the support they need during periods of illness or injury.