24th April 2024
Statutory sick pay (SSP) is the minimum amount of sick pay an employee should receive from their employer if they are absent from work due to sickness. Statutory sick pay can be paid for up to 28 weeks and is typically paid by the employer. However, in the unfortunate event that the employer goes bust, HMRC will pay the SSP instead.
To be eligible for Statutory Sick Pay (SSP), an individual must be classed as an employee and have worked for their employer earning an average of at least £123 per week. The employee must have also been ill for more than 3 days in a row (including non-working days).
Changes to SSP will commence in April 2024, increasing from £109.40 to £116.75 per week. As stated above, employees must be earning at least £123, and this part of the law will remain unchanged. As an employer, you are still expected to pay this from the fourth day your employees are off sick, for up to 28 weeks.
An employer needs to ensure they are in line with the increased rates when the dates are announced. If there are any employees who are absent in the period leading up to the date the change is made, employers should ensure their pay is increased from that date onwards.
Need help? Make an enquiry.
When does SSP start?
SSP starts on the fourth day that the employee is off sick. The first three days are known as ‘waiting days’ and it is only the fourth day that qualifies the employee to be entitled to SSP. However, if the employee is sick and has received SSP within the last eight weeks, they should be paid SSP immediately and don’t have to wait a further three days from the date of the new illness.
SSP will end for an employee when either of the following happens:
Please also bear in mind that if an employee is off for more than 7 days in a row, they will need to present their employer with a ‘sick note’ from a health professional. It is important to consider that the NHS is under a lot of strain currently, and therefore employees may struggle getting an appointment to provide the note. Employers should be understanding with any delays because of this.
If you need further advice, help understanding or implementing some of these changes, please contact Sarah Everton, Head of Employment Law, on 01782 577000 or email: sarah.everton@myerssolicitors.co.uk.
