Note: this leaflet gives a brief summary of Statutory Sick Pay (SSP) and is for guidance only. It does not cover all situations nor is it a full statement of the law. Sources of further, more detailed information are given at the end of the leaflet.

When do you get Statutory Sick Pay?

• You must have been sick and unable to work for at least four days in a row (including weekends and bank holidays). However, if you were getting SSP sometime in the previous eight weeks, and go off sick again, the SSP will restart again from your first day off work.
• You must be earning, on average, £102 a week or more, April 2011 level. (The level usually changes each April.) This is before deductions such as tax and National Insurance.
• You can get SSP for up to 28 weeks in one sickness episode. A sickness episode may not be continuous. If you have two or more short periods of sickness within an eight-week period, the time off work is added together to count towards the 28 weeks. But once you have been back to work for more than eight weeks, the 28 week period starts being counted again for any future episodes of sick leave.
• If you are still sick at the end of 28 weeks, you may be able to transfer to Employment and Support Allowance which is paid by the Department of Work and Pensions. It depends upon your National Insurance record, and you have to be classed as unfit for any work.
• SSP also stops if your job is terminated whilst you are off sick.
• If you have more than one job you may be entitled to SSP from each employer.

What proof of sickness do I need?

• You must inform your employer that you are sick. Employers must accept notification if someone else makes it on your behalf.
• You must also provide evidence of sickness as required by your employer. However, employers cannot ask for a doctor's note to cover periods of sickness lasting seven days or less. Instead you must provide some type of self-certification. This could be form SP2 which you can get from GP surgeries, or download it from the website of HM Revenue & Customs - www.hmrc.gov.uk/forms/sc2.pdf
• Your employer will normally require a doctor's sick note after seven days' sickness. They cannot ask for evidence of sickness to be produced more often than once a week.

Who cannot get Statutory Sick Pay?

You cannot get SSP if you:

• Are unemployed.
• Are self-employed. (You may be able to claim Employment and Support Allowance instead.)
• Are involved in, or affected by, a trade dispute at work.
• Are in legal custody.
• Have already had 28 weeks of SSP, gone back to work, but have gone sick again within eight weeks (but you may qualify for other benefits).
• Have been claiming Employment and Support Allowance within the eight weeks before going sick.
• Are getting Maternity Allowance or Statutory Maternity Pay (SMP). If you had been getting SSP for a pregnancy-related illness you will be switched to SMP or Maternity Allowance four weeks before the baby is due. You cannot get SSP for 26 weeks after you start getting Maternity Allowance or SMP.

How much is Statutory Sick Pay?

SSP is £81.60 a week, April 2011 rate (the rate usually goes up each April) and will be paid at a daily rate where appropriate. You may also be entitled to Income Support, depending on your circumstances.

SSP is paid by your employer, usually on the same day as you would normally get your wages or salary paid. SSP is a taxable income, and subject to National Insurance contributions.

Further information, help and advice

Directgov

Web: www.direct.gov.uk
Directgov brings together the widest range of public service information and services online.
Produced by the Central Office of Information, Directgov provides information from across UK government departments on topics ranging from travel safety and parental leave, to special educational needs, local NHS services, and benefits. The site also brings together an increasing number of online government services - including being able to download and/or complete certain benefit claim forms online.

Citizens Advice Bureau

Provides independent advice on many issues including benefits. Listed in the phone book under 'Citizens Advice Bureaux'. Also, see their excellent website: www.citizensadvice.org.uk

References

• Statutory Sick Pay, Directgov