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Eligibility

You may be able to get Statutory Sick Pay (SSP), if you have:

• been sick for at least four or more days in row (including weekends, bank holidays and days that you do not normally work)
• average earnings of at least £90 a week (£95 a week from 6 April 2009)

The days SSP is paid for

SSP is only paid for qualifying days. These are the days on which you would normally work for your employer under a contract of employment. However it is not paid for the first three qualifying days, these days are known as waiting days.

If you work part-time, you must still serve your three waiting days before you can get payment. This means you may not receive a payment at the start of your period of illness.

If you have a varied work pattern, your qualifying days may be different in each week that you work. Please speak to your employer about this.

Examples

If you work Monday to Friday and become sick on a Friday your waiting days will be Friday, Monday and Tuesday. If you continue to be sick, SSP will be paid from Wednesday.

If you work Thursday and Friday and become sick on a Friday your waiting days will be the Friday of the week that you are first sick and the Thursday and Friday of the next week. If you continue to be sick, SSP will only be paid from the Thursday of the following week.

How earnings are calculated

You must have average earnings of £90 a week (£95 a week from 6 April 2009), before tax and National Insurance contributions are deducted. This level of earnings is called the Lower Earnings Limit for National Insurance Contributions (NIC) and is reviewed every year. This is lower than the amount you would need to earn before you start paying National Insurance Contributions.

Your average weekly earnings are calculated over an eight week period before your sickness began. This period may vary slightly depending on whether you are paid weekly, monthly or have other pay patterns. If you have just started your job the calculation may be different, contact your employer for more information.

Only earnings actually paid in this eight week period can be used for the average earnings calculation. These earnings must be subject to National Insurance Contributions or would be if your earnings were high enough and may include:

• your normal earnings
• bonuses
• holiday pay
• overtime
• other Statutory Payments

Salary Sacrifice scheme and SSP

If you have a salary sacrifice arrangement in place during the period used to work out your SSP, the average weekly earnings calculation will be based on your contractual earnings which count for National Insurance contributions. This could mean that your average weekly earnings may not reach the Lower Earnings Limit for payment.

Linking with a previous period of SSP

If you have received SSP for a previous period of illness within the last eight weeks, your new period of illness will link to this and be treated as one continuous period. SSP will be paid for the new period, without you having to serve the three waiting days.

More useful links

• Sick pay rights (employment section)