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Statutory Sick Pay and Entitlements – What You Need to Know

Statutory Sick Pay and Entitlements – What You Need to Know – A Guide for Employers

 This article covers Statutory Sick Pay (SSP) and Entitlements for standard employees.

(The rules are different for “agricultural workers”, that is those people who are on the Agricultural Minimum Wage and who were employed prior to 1 October 2013.)

Employees are eligible for SSP providing that they have:

  1. Carried out some work for you;
  2. Been ill for at least 4 days in a row (including non-work days);
  3. Earn an average of £116 before tax per week;
  4. Told you they are ill and cannot attend work.

Employees are required to provide a ‘Fit Note’ from their Doctor if they are unable to attend work due to illness for more than 7 days in a row.  Your contract of employment can give an earlier date, usually to coincide with the 4 days’ time scale for SSP.

If an employee is eligible, they will be entitled to receive £92.05 per week for up to 28 weeks. Employees only receive SSP for the days they would normally have worked but it is not paid for the first 3 days the employee is absent. Your contract of employment determines whether you pay them for the first 3 days or not.

SSP is paid by you to the employee in the same way as normal wages, e.g. weekly or monthly, and Tax and NI will still need to be deducted.

While on SSP, Employees still get the same contractual benefits as if they were working. So they are still entitled to pension contributions; holiday entitlement still accrues and any other benefits such as staff discounts will still need to apply.

Finally, SSP still applies if the employee is an agency or casual worker, part-time or on a fixed-term contract.

If you need help, assistance or guidance in drafting your contracts of employment or if you require advice in relation to any aspect of employment law, please contact Steven Mather, Partner & Solicitor based at our Market Harborough office on 01858 414576.


Steven Mather