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Qualifying for Agricultural Sick Pay

To qualify for Agricultural Sick Pay (ASP) you must have been continuously employed by the same employer for at least 52 weeks before the first day of your absence.

Your absence from work must be due to:

• any illness suffered by you
• any illness or incapacity caused by pregnancy or maternity
  
• an injury which happened at work or travelling to or from work
• time spent recovering from an operation caused by an illness or injury suffered at work or travelling to or from work

Absences from work due to an injury done at home do not qualify for ASP. You must tell your employer about your sickness or injury. If you are sick because of another reason, you might be entitled to Statutory Sick Pay. You cannot claim Statutory Sick Pay on top of ASP.

If you qualify for ASP you will be paid for all normal working days up to the maximum you are entitled to. This includes any days worked as guaranteed overtime.

• Statutory Sick Pay (money, tax and benefits section)

Sickness periods

When you fall ill you should immediately tell your employer and give you employer written evidence that you cannot work. If you are ill for longer than eight days, you must give your employer a medical certificate (doctor’s note).

The sickness period starts on the first full working day you are unable to work. It ends on the day before you return, which can be any day, including days you do not normally work.

To be entitled to be paid ASP you must have been away from work for a period of four or more days because of sickness. Of these four days, you are not entitled to be paid ASP for the first three, unless you are away for longer than 14 working days in total. In which case, you are entitled to ASP from day one of your sickness.

Length of ASP

The maximum number of days of ASP you can claim depends on the length of time you have been continuously employed by your employer when your ASP period starts.

Your ASP period is a 12 month period which starts on the first day of sickness or injury that qualifies for ASP pay.

Number of months continuous employment when current ASP period started	Number of weeks ASP during the period
Under 12	0
at least 12 but not 24	13
at least 24 but not 36	16
at least 36 but not 48	19
at least 48 but not 59	22
59 or more	26

Calculating your ASP

To work out the number of days' ASP you are entitled to, use the table above. Multiply the appropriate number of weeks in the table by the number of days you are contracted to work each week.

You must be paid at least your normal basic pay for all normal working hours (including guaranteed overtime) for each day of your ASP entitlement.

Your employer must pay your sick pay weekly during and immediately after you return to work. Each payment should be for at least the amount the employer knows you are entitled to (rather than guessing when you will return). You should be paid at your normal payment intervals.

Where to get help

If you need further advice on your rights as an agricultural worker you can contact the Pay and Work Rights helpline, or complete their online enquiry form.

• Pay and Work Rights Helpline

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts