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Statutory Sick Pay
Statutory Sick Pay is a benefit which is paid to employees for a period of up to 28 weeks if they are unable to work due to sickness or disability.
Providing you qualify, your employer will be obliged to pay you Statutory Sick Pay. Some employers may offer a more generous amount of pay, but Statutory Sick Pay is the minimum amount that the law requires an employer to pay – so if they do, they are breaking the law!
You should check your Contract of Employment or Staff Handbook for the details of your employer’s Staff Sickness Policy, as this will provide you with the procedures that you will need to follow in order to claim Statutory Sick Pay.
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Do I qualify?
You will qualify for Statutory Sick Pay if:
- You are aged between 16 and 65 years old, and;
- You are an employee, and;
- You are incapable of work due to sickness or disability, and you have been incapable of work for four or more consecutive days, and;
- The days for which you are claiming Statutory Sick Pay are days when you would normally work if you were not sick. If you work a complicated shift pattern, then you and your employer can agree which days count, and;
- Your earnings are at least equal to the lower earnings limit for National Insurance Contributions (currently £79.00 a week)
How much will I receive?
The amount of Statutory Sick Pay that you can expect to receive is £70.05 a week. Statutory Sick Pay is a daily benefit, so it can be claimed for periods of less than a week.
How do I claim?
In order to claim Statutory Sick Pay, you should inform your employer that you are unable to work due to sickness (you should do this by following the procedures of the employer’s Staff Sickness Policy).
When you notify your employer of your sickness, you can send them a medical certificate if you have one. You don’t have to have a medical certificate until you have been sick for seven days (but after this you must send one).
It is up to your employer whether to pay you Statutory Sick Pay. If for any reason, your employer refuses to pay you Statutory Sick Pay, you should seek advice – for more information, please contact your nearest Citizens Advice Bureau.
Is there anything else I should know?
Statutory Sick Pay cannot be paid while you qualify for Statutory Maternity Pay or the Maternity Allowance. It also cannot be paid if you are within six weeks of the expected date of childbirth, and you are incapable of work due in part to the pregnancy.
As Statutory Sick Pay can only be paid for a period of up to 28 weeks, if you are still incapable of work due to sickness after this period, then you may be eligible to claim Incapacity Benefit – for more information, please click here
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