Statutory Sick Pay (SSP) is a form of payment that employees in the UK receive when they are unable to work due to illness. It is a legal requirement for employers to provide SSP to their employees who are qualifying individuals. However, there are certain criteria that need to be met in order for an employee to be eligible to receive SSP. One common question that arises is, “when does statutory sick pay start?”
In order to understand when SSP starts, it is important to know the qualifying criteria. The first requirement is that the employee must be off work for at least four consecutive days, including non-working days such as weekends. This is known as the “waiting days” period and it essentially means that SSP does not start until the fifth day of absence from work.
The second requirement is that the employee must earn on average at least £120 per week. This average is calculated over an 8-week period before the first day of sickness. If the employee’s earnings fluctuate, their average weekly pay is determined by looking at their total earnings over the 8-week period.
There are exceptions to the earnings rule for employees who are in their first eight weeks of employment with their current employer, those who have been furloughed under the Coronavirus Job Retention Scheme, and agency workers. In these cases, SSP may still be payable even if the earnings threshold is not met.
Another requirement for SSP is that the employee must be genuinely ill and unable to work. This means that the employee must provide their employer with a Fit Note from a doctor after seven days of absence. The Fit Note will confirm that the employee is unable to work due to illness and will provide an expected date of return to work, if known.
Once the qualifying criteria have been met, SSP will start on the first full day of absence from work. It is paid by the employer for up to 28 weeks and is currently set at a rate of £96.35 per week. SSP is paid in the same way as the employee’s normal wages, for example, monthly or weekly.
It is worth noting that SSP is not paid for the first three waiting days of illness. These are known as “qualifying days” and they are unpaid. SSP will start on the fourth qualifying day and will continue until the employee is fit to return to work, the 28-week payment limit is reached, or the employee’s employment comes to an end.
Employers are responsible for keeping records of SSP payments made to their employees and for deducting tax and National Insurance contributions where applicable. Employees can check their payslips to see if they have received SSP and how much they have been paid.
It is important for both employees and employers to understand the rules around SSP eligibility and payment. Employees should be aware of their rights to SSP and how to claim it, while employers should be familiar with their responsibilities to pay SSP and keep accurate records.
In conclusion, statutory sick pay starts on the fourth qualifying day of absence from work, after the employee has been off work for at least four consecutive days. The employee must meet certain qualifying criteria, including earning on average at least £120 per week and being genuinely ill and unable to work. Once these criteria are met, SSP is paid by the employer for up to 28 weeks at a rate of £96.35 per week. Both employees and employers should be aware of their rights and responsibilities regarding SSP to ensure compliance with UK employment law.