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Statutory Sick Pay

If you're an employee and unable to work because you're ill, you may be able to get Statutory Sick Pay (SSP). Some employers have their own sick pay scheme instead.

Who is eligible?

If you're working for an employer under a contract of service (even if you've only just started), you're entitled to Statutory Sick Pay if the following apply:

  • you're sick for at least four days in a row (weekends and bank holidays are included); and
  • you're earning at least £90 a week on average

Who isn't eligible?

You can't get Statutory Sick Pay if you're away from work because any of the following apply:

  • you're taking part in trade union action
  • you're in legal custody
  • you've been getting Incapacity Benefit in the eight weeks before your illness

You can't claim Statutory Sick Pay for any period of illness that starts during the same time you're entitled to Statutory Maternity Pay or Maternity Allowance.

Information for agency workers

Can I get SSP?

Agency workers may receive SSP from the Agency if their contract is for 3 months or longer. This can either be in one single contact, or several contracts added together providing the contracts are not more than 8 weeks apart. If you need more information telephone HM Revenue and Customs Employees Enquiry Line on 0845 302 1479.

How it works

Statutory Sick Pay is paid for every day you'd normally be working. It starts on the fourth day of any period of sickness and lasts for a maximum of 28 weeks.

If you get sick again within eight weeks of the previous period of illness, you can claim Statutory Sick Pay from the first day.

In some cases you can return to Incapacity Benefit if you have a linking letter and you are sick again within 104 weeks (two years) of your last payment of benefit.

If your employer has their own sick pay scheme instead of Statutory Sick Pay, you'll need to make sure you understand and follow the rules (which may be different from Statutory Sick Pay).

How much do you get?

The standard rate for Statutory Sick Pay is £75.40 a week.

How it's paid

Statutory Sick Pay is paid by your employer, usually on your normal payday in the same way as your wages or salary.

Statutory Sick Pay is subject to tax and National Insurance contributions, although your earnings may not be high enough unless you get other payments on top of Statutory Sick Pay.

Effect on other benefits

Statutory Maternity Pay and Maternity Allowance

If you're getting Statutory Sick Pay for a pregnancy-related illness, you'll automatically swap to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) four weeks before the week your baby is due.

Statutory Paternity or Adoption Pay

If you're getting Statutory Sick Pay, you won't be able to claim Statutory Paternity or Adoption Pay at the same time.

You should be able to delay these and, claim Statutory Sick Pay until you're fit to take the leave.

You must take it within 56 days of the birth or expected date of your adopted child's placement with you.

Telling your employer

To get Statutory Sick Pay, you must tell your employer that you're sick no later than seven days after you first became ill.

Your employer can't insist that you tell them in person, or that you contact them more than once a week while you're ill. You can write a letter explaining that you're sick (the postmark is taken as the date you informed them) or phone them.

Or complete Form SC2 'Employee's Statement of Sickness'. You can get this from your doctor's surgery or download it from the HM Revenue & Customs website.

If you don't tell your employer straight away, they can withhold payment of SSP for the period of the delay. You might also face disciplinary action.

You don't have to give medical evidence when you first become sick. But if you're sick for more than seven days (including weekends and bank holidays), your employer may ask for a sick note from your doctor or hospital.

What to do if your circumstances change

If you go into hospital

Statutory Sick Pay isn't affected if you go into hospital.

If you go abroad

If you work abroad, you may be able to get Statutory Sick Pay if your employer pays National Insurance contributions for you.

If you go abroad to visit, you can still claim Statutory Sick Pay if you can prove you're still sick.

How to appeal

If your employer doesn't pay you Statutory Sick Pay, or pays you less than you think they should, ask them to give you the reason in writing.

If you disagree with their reason, you can contact the HMRC Disputes Team Room BP 3202, Benton Park View, Longbenton, Newcastle upon Tyne, NE98 1ZZ or telephone on 0191 225 5221 and ask for a formal decision. They may need to arrange a medical examination.

What else you need to know

If you have more than one job

You may be entitled to Statutory Sick Pay from each employer.

Your job is protected

Your employer can't end your contract of service to avoid paying you Statutory Sick Pay.

When Statutory Sick Pay ends

If you're still sick after 28 weeks, you can apply for Incapacity Benefit.

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