Statutory sick pay rules
If you work (and aren’t selfemployed), you’re legally entitled to get Statutory Sick Pay (SSP).
You qualify if you have done at least one day’s work for your employer, are sick for four full days or more in a row (including non-working days), earn on average more than £112 per week (before tax) and follow your employer’s rules for getting sick pay
You’re still entitled if you’re an agency or casual worker, if you work part-time or on a fixed-term contract.
If you’re on a zero hours contract, you can still get sick pay - you should ask your employer for it.
If they say no, ask them to explain why. You can contact the CAB if you’re not happy with their explanation.
You shouldn’t be made to feel bad about asking for sick pay you’re entitled to.
If you think that you are being treated unfairly, disciplined or dismissed because you asked for sick pay, you might be able to take action.
You can contact the CAB if you want to discuss your options.
You can get £88.45 per week for up to 28 weeks with statutory pay, but your employer might pay you more (they can’t pay you less).
So check your contract to see what it says about sick pay - this is called ‘contractual sick pay’.
If you haven’t been given a contract or it’s not in there, ask your employer or check your staff handbook or intranet.
You won’t get SSP if you: are self-employe; have already had SSP for 28 weeks; are getting statutory maternity pay or Maternity Allowance; are pregnant and your baby is due in four weeks or less; had a baby in the last 14 weeks (or the last 18 weeks if your baby was born over four weeks early); are in the armed forces; are an agricultural worker (read about agricultural sick pay on the Scottish government website).
Even if your employer says you’re self employed, you might in fact be a ‘worker’ and entitled to sick pay, it is always better to check this out.
If you have more than one employer you could be entitled to sick pay from each one.
Treat each employer as if they were your only employer to see if they should pay you sick pay.
If your illness means you can do one of your jobs, but not the other, you could get sick pay from one while getting your normal wages from another.
If you’re not getting the pay your contract says you’re entitled to, you can take steps to get any money owed.
If you think you’re entitled to statutory pay but your employer says you’re not and refuses to pay it, you should contact HM Revenue and Customs (HMRC).
HMRC employees’ enquiry line is 0300 200 3500 by phone or 0300 200 3212 via Textphone Calls can cost up to 12p a minute from landlines, and between 3p and 45p a minute from mobiles.
If you can’t get sick pay, you might be able to claim Employment and Support Allowance and other benefits.
Call into the Bureau to check and see what you might be entitled to.
If your employer says you’re not entitled to sick pay, ask them to give you a written explanation of their reasons.
They should give you this on a form called Statutory sick pay and an employee’s claim for benefit (SSP1).
They should give you this within 7 days of you going off sick. You’ll need the SSP1 form to claim benefits.
Bureau opening Hours Monday, Tuesday & Friday 9.30am – 4pm, Wednesday 10am – 1pm, Thursday evening 5pm – 8pm, Saturday 10am – noon.