Understanding Statutory Sick Pay

The first Monday in February has earned the unenviable title of National Sickie Day, recognised as the day when, on average, the highest number of people are absent from work through illness.

But February as a whole fares little better, with more of the UK’s 149 million annual sick days claimed during the shortest month of the year than any other.

From a business perspective high numbers of absentees through poor health has a detrimental impact on productivity and, ultimately, profitability – although with the average worker taking a little under 5 days of sick leave each year this tends to be at least manageable.

But what about longer-term absences, where employees may be away from work for weeks or, in cases of serious health concerns, months? What is the legal responsibility of the employer when it comes to compensating their staff for days missed through sickness?

As we navigate our way through the final month of winter and a spike in calls from colleagues reporting in sick, it’s a good idea to understand the rules around Statutory Sick Pay (SSP) and how they affect you as an employer.

What is Statutory Sick Pay?

SSP is a payment made by an employer to an employee who is unable to work due to illness or injury. This payment is mandatory for eligible employees under UK law and is intended to provide financial support during a period of absence from work.

Who is eligible for SSP

Many employers believe they are obliged to pay all employees if they are away from work through illness, but although many businesses do elect to pay for sickness absence not everyone is entitled under law to receive SSP.

To be eligible for SSP, an employee must have been absent from work for at least 4 consecutive days, including weekends. They must also have earned an average of at least £120 per week before tax and have informed their employer within 7 days of the start of their absence.

What is the rate of SSP?

The current rate of SSP is £96.35 per week and is paid for up to 28 weeks. This amount is reviewed annually and may increase or decrease depending on the government's fiscal policies.

Are employers legally obliged to pay SSP?

Employers also have a legal obligation to pay SSP, and failure to do so can result in financial penalties and legal action. This is why it is important for employers to have a clear understanding of their obligations and to keep up to date with any changes to the SSP regulations.

SSP should be made in the same way as an employee’s regular wages. It is important to remember, as well, that SSP is a taxable benefit and must be reported on an employee's payslip as such.

Who can claim SSP?

Employees can claim SSP by informing their employer of their absence and then providing proof of illness or injury, in the form of a doctor's note. If an employee is unable to provide proof, their employer may ask them to provide it at a later date.

Are there alternatives to SSP?

In some cases, an employee may be entitled to receive a higher rate of sick pay from their employer, and this is known as contractual sick pay. This amount is agreed upon between the employer and the employee at the start of the employment relationship and is usually higher than the SSP rate.

What are the benefits of SSP to an employee and/or an employer?

The payment of SSP is crucial for employees who are unable to work due to illness or injury, as it helps to cover their basic living expenses during this period. Without this support, many employees would either struggle to make ends meet and be forced to dip into their savings or take on debt.

Employers also benefit from the payment of SSP, as it helps to reduce the risk of staff burnout and reduces the need for short-term replacements. Additionally, employees who receive SSP are more likely to return to work after a period of absence, which helps to maintain a stable workforce.

SSP vs Statutory Maternity Pay (SMP)

It’s important to note that SSP is separate from Statutory Maternity Pay (SMP), which is a payment made to women who are unable to work due to pregnancy, childbirth, or adoption. SMP is a higher rate of pay than SSP and is payable for a longer period (up to 39 weeks).

Statutory Sick Pay is an important aspect of employment law in the UK and provides crucial support to employees during a period of illness or injury.

It is important for both employers and employees to understand the eligibility criteria, amount, and process for claiming SSP, and to keep up-to-date with any changes to the regulations.

By being on top of the requirements on both sides of the employment fence, employers can be confident they are fulfilling their legal obligations while also ensuring employees receive the financial support they need during a difficult time.

If you’d like to know more about how Constantia Consulting can help you to stay on top of your legal obligations as an employer, please get in touch for an informal chat.