Archive Website of the UK government

Who can get Statutory Sick Pay

You may be able to get Statutory Sick Pay (SSP), if you have:

• been sick for at least four or more days in a row (including weekends, bank holidays and days that you do not normally work)
• average weekly earnings equal to or more than the Lower Earnings Limit (LEL)

Lower Earnings Limit (LEL)

The LEL is the amount you would need to earn before you start paying National Insurance contributions. From 9 April 2012, the LEL is £107 a week.

How average earnings are worked out

From 9 April 2012, you must have average earnings of £107 a week before tax and National Insurance contributions are deducted.

Your average weekly earnings are calculated over the eight weeks before your sickness began. This period may vary slightly depending on whether you are paid weekly, monthly or have other pay patterns. If you have just started your job the calculation may be different, contact your employer for more information.

Only earnings actually paid in this eight week period can be used for the average weekly earnings calculation. These earnings must be subject to National Insurance contributions or would be if your earnings were high enough and may include:

• your normal earnings
• bonuses
• holiday pay
• overtime
• other Statutory Payments

Salary sacrifice scheme and SSP

If you have a salary sacrifice arrangement, your average weekly earnings are calculated using the actual earnings (minus the salary sacrifice) paid to you.

This could mean that your average weekly earnings may not reach the Lower Earnings Limit for payment of SSP.

Agency workers

If you meet the qualifying conditions for payment SSP is payable to you. It remains payable while you are working on an assignment or under contract with your agency. Your employer can't end your contract of service to avoid paying you SSP.

Whoever is responsible for the deduction of National Insurance contributions from your earnings is also responsible for payment of SSP.

What days you'll be paid for

SSP is paid for qualifying days. These are the days that you would normally work for your employer under a contract of employment. However, it is not payable for the first three qualifying days. These days are known as waiting days.

If you work part-time, you must still serve your three waiting days before you can get payment. This means you may not receive a payment at the start of your period of illness.

If you have a varied work pattern, your qualifying days may be different in each week that you work. Please speak to your employer about this.

Examples

If you work Monday to Friday and become sick on a Friday. Your waiting days will be Friday, Monday and Tuesday. If you continue to be sick, SSP will be paid from Wednesday.

If you work Thursday and Friday and become sick on a Friday. Your waiting days will be the Friday of the week that you are first sick and the Thursday and Friday of the next week. If you continue to be sick, SSP will only be paid from the Thursday of the following week.

Linking with a previous period of SSP

If you have received SSP for a previous period of illness within the last eight weeks, your new period of illness may link to this. For periods of illness to link, you must have been sick for at least four days in a row in the second period for this to be treated as one continuous period. SSP will be paid for the new period, without you having to serve waiting days.

Phased return to work or altered hours

If you and your employer have agreed that you have a phased return to work or altered hours after a period of sickness, you should:

• get your normal earnings for the days and/or hours you work
• get SSP for the days that you are sick, if the qualifying conditions for payment continue to be satisfied

• Information about the fit note

More useful links

• Sick pay rights (employment section)

Useful contacts

• Money, tax and benefits contacts