Advice from Spalding CAB on sick pay

If you are soff work because you are unwell, check if you are entitled to Statutory Sick Pay.
If you are soff work because you are unwell, check if you are entitled to Statutory Sick Pay.

If you are sick and unable to work you could be entitled to Statutory Sick Pay.

If you are off for four days in a row or more and you earn more than £112 a week, you will be entitled to Statutory Sick Pay (SSP).

SSP is money paid by employers to employees who are away from work because they are sick. It is the minimum amount you can be paid when you are off work because you are sick. Your contract of employment may give you extra rights to more sick pay than this (contractual sick pay). Check your contract to see what you are entitled to.

Most workers may qualify for SSP, including part-time workers, workers on a fixed-term contract and agency workers.

SSP can last for up to 28 weeks. Contractual sick pay may last for longer. Check your contract to see if this applies to you.

If you cannot get SSP, or if you have been off sick for more than 28 weeks, your employer will give you form SSP1. You can use form SSP1 to claim Employment and Support Allowance (ESA) from your local benefit office if you are not entitled to either SSP or contractual sick pay.

You will be paid either SSP, or, if your contract of employment gives you more pay when you are off sick, you will be paid what it says in your contract. This might not be your normal rate of pay, but it should not be less than SSP. This is £88.45 a week.

You cannot get SSP for the first three days you are off sick. For these three days you will only be entitled to sick pay if your contract of employment allows for it.

After this, you should get the daily rate of SSP for each day you are off sick when you would normally be working.

If SSP is your only income you may be able to claim other benefits such as Housing Benefit. To find out what benefits you may be entitled to, you can get free face-to-face advice at your local Citizens Advice Bureau.

If you do not tell your employer that you are off sick straight away, you could lose some or all of either SSP or contractual sick pay, unless you have a good reason for not telling them.

Your employer can refuse to pay you contractual sick pay for the days you are off and do not call in sick.

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