In most cases, the contract of employment provided by your employer will spell out what your rights are to sick pay and over what period.
When off sick from work, you could be entitled to Statutory Sick Pay (“SSP”), regardless of what is in your employment contract. This may be on top of any company sick pay if your employer has a sick pay policy.
The maximum payment of SSP is usually, 28 weeks over a 3-year period. At present, the weekly statutory sick pay amount is £95.85 per week.
The qualifications for SSP are that you must:
have 4 or more consecutive days of sickness (including weekends and holidays) where you are incapable of carrying out work;
notify the absence to your employer within their deadlines (usually set out in your contract) - or within 7 days if they do not have one;
supply evidence of incapacity, such as a self-certificate or dr’s certificate (aka a “fit note”);
earn at least £118.00 (pre-tax) per week.
If you are off work again within 8 weeks of your first absence, legislation rules mean that you do not need to clock up another 3 days before SSP becomes payable on the 4th day. These are known as “linked waiting days”.
There are a number of excluded employees who are not entitled to receive SSP. These include:
People employed for a specified period of time that is no more than 3 months (for example christmas temps)
employees who are pregnant and are sick during the maternity pay period.
Any contractual payment for a day off sick is to be offset against the SSP due for the same day. Employees can never pay any employment a total amount which is less than the SSP due.