Your employees are entitled to Statutory Sick Pay (SSP) if they take time off due to illness. Find out more about the SSP rate and your responsibilities when staff are off sick.
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An employee may be eligible for Statutory Sick Pay (SSP) if they’re ill and can’t work. They need to have been off work for four or more days in a row (including non-working days).
The first three days are called ‘waiting days’ and you start paying SSP from the fourth ‘qualifying day’ (the day your employee is usually needed to work).
A day doesn’t count as a sick day if they've worked for more than a minute before they’ve gone home ill.
You might have your own sick pay scheme, which gives you the ability to offer your employee more than the standard SSP rate. If you have one, you should write it into your employees’ contracts (schemes like this are known as ‘contractual’ or ‘occupational’ sick pay).
You should record accurate details of your employee’s absence and their sick pay payments.
There’s a weekly SSP rate that you can use to calculate how much SSP to pay your employees.
The SSP rate in 2020-21 is £95.85 a week for up to 28 weeks for employees who are too ill to work. The SSP rate was £94.25 a week in 2019-20.
You can use a daily SSP rate if your employee isn’t off work for the whole week. The daily SSP rate depends on how many qualifying days your employee usually works and how many days they’re off sick.
You can see the daily SSP rate at gov.uk.
Gov.uk has a Statutory Sick Pay calculator you can use to work out how much to pay your employees who are off sick.
Gov.uk says that to qualify for SSP your employee should:
Acas (the Advisory, Conciliation and Arbitration Service) says that agency, casual and zero-hour employees can get SSP if they meet the eligibility criteria.
But some exceptions could mean your employee isn’t eligible for sick pay. These include employees who’ve already had the maximum 28 weeks of SSP and employees who are getting Statutory Maternity Pay (there are different rules in this situation). Read more about SSP eligibility and the exceptions at gov.uk.
If your employee isn’t eligible for SSP or their SSP is ending, they might be able to claim other benefits like Universal Credit and Employment and Support Allowance (ESA). You need to send these employees form SSP1 so they can claim these benefits.
For employees who aren’t entitled to SSP, you have to send them SSP1 within seven days of them taking time off sick.
If an employee is receiving SSP but their situation changes and they no longer qualify, you have to send them SSP1 within seven days of their sick pay ending. If their SSP is going to end before their illness does, you have to send them SSP1 on or before the beginning of the 23rd week of sick pay.
You can only reclaim SSP from the government if your employees have received coronavirus-related SSP (you can’t reclaim SSP if they’ve been off for other reasons).
Your employees can get SSP if they take time off because they have coronavirus symptoms, they’re self-isolating because someone in the same household has coronavirus symptoms, or because they’ve been advised to shield.
These changes apply from 13 March 2020 (apart from SSP for shielding, which applies from 16 April).
Your employee can get SSP from the first day they’re due to work, rather than day four. They won’t need to have a physical doctor’s fit note, and you won’t need one to claim back SSP. Instead, you can ask them to give you an isolation note without seeing a doctor – they can do this by going to NHS 111 online and completing a form.
If they’re shielding, you can ask them to give you a letter from the NHS or their GP telling them they need to stay at home for at least 12 weeks.
The CIPD (the professional body for HR and people development) says that SSP is available to those who are self-isolating based on medical advice, or are ill and showing symptoms. SSP won’t generally be available to those who are self-isolating without written medical advice or have no symptoms.
Employees should also continue to work from home where possible, and only travel to work if it absolutely can’t be done from home.
Is there anything more you’d like to know about Statutory Sick Pay and the SSP rate? Let us know in the comments below.
We create this content for general information purposes and it should not be taken as advice. Always take professional advice. Read our full disclaimer
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