Statutory Sick Pay

Statutory Sick Pay (SSP), which is different from Occupational Sick Pay (OSP), must be offered to all eligible employees. Check our SSP guide to find out which employees are eligible and what documentation is required from the employee before SSP can be paid.

Overview

Your employees may be eligible for Statutory Sick Pay (SSP), which is £96.35 a week for up to 28 weeks.

You cannot reclaim SSP for employees who were off work after 30 September 2021, in relation to Covid-19.

You cannot reclaim SSP if your employee was off work for any other reason before or after 30 September 2021.

Eligibility

To qualify for Statutory Sick Pay (SSP), employees must:

Have an employment contract
• Have done some work under their contract
• Have been sick for 4 or more days in a row (including non-working days) – known as a ‘period of incapacity for work’
• Earn an average of at least £120 per week
• Give you the correct notice
• Give you proof of their illness, only after 7 days off

How does an employee give the correct notice

The employee should tell you they’re sick within the time limit set by you, or 7 days if you do not have one.

How does an employee give notice of their illness?

Employees must give their employer a doctor’s ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than 7 days in a row and have taken sick leave.

If employees are off work for 7 days or less, they do not need to give their employer a fit note or other proof of sickness from a medical professional.

When they return to work, their employer can ask them to confirm they’ve been off sick.

Exceptions

Employees do not qualify for SSP if they:
• Have an employment contract
• Have done some work under their contract
• Have been sick for 4 or more days in a row (including non-working days) – known as a ‘period of incapacity for work’
• Earn an average of at least £120 per week
• Give you the correct notice
• Give you proof of their illness, only after 7 days off
• Have received the maximum amount of SSP (28 weeks)
• Are getting Statutory Maternity Pay or Maternity Allowance
• Are off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that their baby is due
• Received Employment and Support Allowance within 12 weeks of starting or returning to work for you

Other Points

Statutory annual leave is accrued whilst the employee is off work sick.