STATUTORY SICK PAY (SSP)

TAKING SICK LEAVE

·      Employees can take sick leave. This is time off work if they are ill. 

·      If you are sick for longer than 7 days, the employee may request proof of sickness.

·      If an employee is ill before or during their holiday, they can take it as sick leave instead of a holiday. 

FIT NOTES AND PROOF OF SICKNESS

What are they?

·      A fit note is a note certifying and providing proof that an employee was absent from employment due to sickness. 

·      They are usually required if an employee has been ill for more than 7 days, including weekdays and bank-holidays

·      Often referred to as a ‘sick note’

Who can provide one?

·      Doctors

·      GP or hospital doctor

·      With an employer’s agreement - physiotherapists, podiatrists and occupational therapists.

When are they required? 

·      Usually required if an employee has been ill for more than 7 days in a row and have taken sick leave.

·      This includes non-working days, such as weekends and bank holidays

What do they include?

·      Whether the doctor believes the employee is fit for work or not. 

·      Whether the doctor believes the worker will require another fit note in the future.

·      The doctor may indicate any adaptations that may assist in an employee’s return to work, although they are not binding. 

·      If they are fit for work, the employee should discuss with the employer any changes they require in the workplace that might help them go back to work. 

·      If no agreement is in place, the employee must be treated not fit for work. 

Who keeps it?

·      Employers can take a copy of this sick note.

·      Employees should keep the original copy of the sick note. 

SELF-CERTIFICATION

·      If an employee is absent from work due to illness for less than 7-days, they do not need proof of sickness from a medical professional.

·      On return to work, an employer may request a self-certification. How the employee will provide this will be agreed between them and the employer. 

·      Methods of self-certification include an online form or details of their sickness provided by email.

SICK LEAVE AND HOLIDAYS

·      An employee may change their holiday to sick leave if they are ill whilst they are absent. 

·      This means the employee will be paid statutory sick pay which will count towards the amount of holiday pay they receive.

·      If statutory holiday entitlement is not used because of sickness it may be carried over into the next leave year. 

RETURNING TO WORK

·      Employers must make changes to an employee’s working conditions if they’re disabled

·      These changes are known as ‘reasonable adjustments’ and could include working shorter hours or adapting equipment employees use at work.

·      Employers can choose to conduct return to work interviews with any worker who has had time off due to sickness, although these are not required by law and only recommended. 

LONG-TERM SICKNESS

·      Employees who are off work sick for more than 4 weeks may be considered long-term sick. 

·      UK government has set up a service called ‘Fit for Work’ - Employers and GP’s may refer employees here once they have been absent due to sickness for 4 weeks.  Following an assessment, a return-to-work plan will be drawn up with the consent of the employee. This return-to-work plan has the same status as a sick note. 

·      A long-term sick employee is entitled to accrue annual leave.

·      Employers may dismiss an employee who is on long-term sick, but before doing so an employer must:

(1)  Consider if an employee can return to work with adjustments. Such as working part-time or offering them a less stressful type of work. 

(2)  Consult with the employees about when they could return to work and if their health will improve. 

·      When considering the above employers must be alert to the possibility of discrimination and follow the relevant procedures on disciplinary.

·      If an employee feels they have been unfairly dismissed and/or discriminated against they may take their case to an employment tribunal. 

ELIGABILITY FOR STATUTORY SICK PAY

·      To qualify for SSP you must:

-        Be classed as an employee with a contract of employment;

-        Have done some work for your employee whilst under contract;

-        Have provided evidence of the illness after taking 7 days off;

-        Have been ill for at least 4 days in a row, including non-working days;

-        Earn an average of at least £118 per week;

-        Tell your employer you are sick before their deadline.

EXCEPTIONS

·      You will NOT qualify for SSP if:

-        You have received the maximum amount of SSP which is currently 28 weeks;

-        You receive maternity pay or allowance;

-        Were on strike or in custody on the first day of sickness;

-        Working outside the EU and your employer is not responsible for ensuring they pay National Insurance Contributions;

-        Received Employment Support Allowance within 12 weeks of returning to work or beginning work;

LINKED PERIODS OF SICKNESS

·      If you have regular periods of sickness they may count as being linked.

·      For them to be linked, the periods must:

(i)             Be 4 or more days each;

(ii)           Be 8 weeks or less apart;

CHALLENGING A DECISION

·      First tell your employer if:

(i)                      You think the decision not to pay you SSP is wrong; or

(ii)                    You are not getting the correct amount of SPP.

·      You are entitled to ask them for a reason for their decision.

If you are still unhappy you can contact HM Revenue and Customs Statutory Payment Dispute Team on 03