Understanding When Statutory Sick Pay Starts

Statutory Sick Pay (SSP) is a payment made by an employer to employees who are unable to work due to illness. It is a legal requirement for employers to pay SSP to eligible employees, subject to certain conditions. One common question that arises is, “when does statutory sick pay start?” Understanding the rules around SSP and when it begins is essential for both employers and employees.

SSP is designed to provide support to employees who are unable to work due to illness, ensuring that they do not suffer financially during their period of absence. In order to qualify for SSP, employees must meet certain eligibility criteria. Firstly, they must be an employee, rather than a self-employed worker or contractor. Secondly, they must have been off work sick for at least four days in a row, including non-working days. These are known as “qualifying days.” Once an employee meets these criteria, SSP will generally kick in from the fourth qualifying day of sickness absence.

It is important to note that employers are not required to pay SSP for the first three days of sickness absence, known as “waiting days.” However, if an employee has a series of linked periods of sickness absence, separated by eight weeks or less, only one set of waiting days needs to be served. This means that if an employee becomes sick again within eight weeks of returning to work following a previous sickness absence, they will not need to serve another set of waiting days.

SSP is paid at a flat rate, which is set by the government each year. Currently, the standard rate of SSP is £96.35 per week. Employers are required to pay SSP to eligible employees for up to 28 weeks, provided that the employee remains off work due to illness. If an employee returns to work and then falls ill again within eight weeks, they can receive SSP for a further absence without needing to serve another set of waiting days.

There are certain situations where SSP may not apply, such as if an employee is already receiving Statutory Maternity Pay or Statutory Paternity Pay. In these cases, the rules around when SSP starts may differ, so it is important for both employers and employees to be aware of their rights and obligations.

Employers have a legal duty to keep records of statutory sick pay paid to employees, as well as the dates and reasons for the sickness absence. This information must be kept for at least three years after the end of the tax year to which it relates. Employers must also provide employees with a statement showing the amount of SSP paid each week, known as an SSP1 form, which is used to support a claim for SSP from the government.

In some cases, employers may offer enhanced sick pay schemes that go above and beyond the statutory minimum. These schemes are at the discretion of the employer and may provide a higher level of payment or extend the duration of sick pay beyond 28 weeks. Employers should clearly communicate the terms of any enhanced sick pay schemes to their employees to avoid any confusion or misunderstandings.

In conclusion, statutory sick pay starts from the fourth qualifying day of sickness absence, after the employee has been off work for at least four days in a row. Employers are not required to pay SSP for the first three days of absence, known as waiting days. SSP is paid at a flat rate and can be claimed for up to 28 weeks, provided that the employee remains off work due to illness. Employers and employees should be aware of their rights and obligations around SSP to ensure that payments are made correctly and in accordance with the law.