Statutory Sick Pay

Statutory Sick Pay (SSP) is a state benefit, which is paid through your pay packet. If you are entitled to it, your employer must pay you SSP. To get SSP you need to be an employee (or an employed worker, such as an agency worker), and to have earned on average at least the lower earnings limit for National Insurance in the eight weeks prior to the last pay day before your incapacity to work. SSP can be paid at a daily rate and is payable for 196 days (28 weeks).

You must be in a “period of incapacity for work”, which means that you must be too ill to work for four or more days in a row.  These include days when you do not normally work, for example, the weekend.  Periods of illness separated by  eight weeks or less can be linked, so once you had qualified if you went back to work for a bit you would not have to wait another three days in the next period of incapacity before you claimed. You do not get SSP for the first three days you are off sick, but you might get contractual sick pay for these days.

If you are pregnant or a new mother, you cannot claim SSP in the 18 week period beginning either with the date of birth of your child or four weeks before the week in which your child is due if you are incapable of work due to pregnancy, whichever is sooner.  This means that if you are off work with a pregnancy related illness in the last four weeks of pregnancy, your employer can move you onto maternity leave and pay.  If they decide not to do this, they could still pay you contractual sick pay, but there would be no SSP included in the amount.

It is for your employer to decide if you are incapable of work, in doing this he may take advice from a company doctor, your GP, or, in rare cases the HMRC Medical Service. 

If you are prevented from claiming SSP you may be able to claim Employment and Support Allowance. You can find out more about ESA from the Direct Gov website. If you need specialist advice you could contact, for example, a Citizens Advice Bureau.