Statutory Sick Pay (SSP) helps companies by making certain their workers take the correct time to get better in addition to stopping sicknesses spreading by way of the office.
SSP continues to be an advanced space of employment regulation, and plenty of small companies have questions on the place and when their obligations finish if an worker is off sick.
On this article we clarify what SSP is, who it applies to, who’s exempt, the way it works, and the way a lot it prices.
What’s Statutory Sick Pay?
If one in all your workers can’t work because of sickness, Statutory Sick Pay requires you to pay them £99.35 every week for a most of 28 weeks.
If your organization runs its personal contractual or occupational sick pay scheme (which should be detailed in any employment contract), you possibly can select to pay your workers extra throughout their illness, however you possibly can’t provide much less. SSP is the – the authorized minimal.
As a way to qualify for SSP, workers should:
- Have an employment contract
- Have labored underneath that contract
- Have been sick for 4 or extra days in a row
- Earn a median of at the very least £123 per week (for 2022/23 tax 12 months)
- Have notified you of their illness inside your stipulated time restrict
In some circumstances an worker could also be ineligible for SSP, together with in the event that they:
- Are at the moment receiving Statutory Maternity Pay or Maternity Allowance
- Are off work because of a pregnancy-related sickness throughout the 4 weeks earlier than the due week of their child
- Have been in custody or on strike on the primary day that their illness began
- Will not be chargeable for Nationwide Insurance coverage contributions
- Work outdoors the EU
- Obtained Employment and Assist Allowance inside 12 weeks of beginning or returning to give you the results you want
How does it work?
SSP isn’t paid for the primary three days in a row that an worker is off sick, supplied these are days they’d usually be working. Nonetheless, common durations of illness may be linked in the event that they final 4 or extra days every and are eight weeks or much less aside.
Additionally, if an worker has begun work on a day, that day can’t depend as a sick day.
When SSP turns into payable on the fourth day, your worker can obtain as much as £99.35 per week for as much as 28 weeks, which ought to be paid on the identical schedule as their wages, and with revenue tax and Nationwide Insurance coverage deducted if relevant. SSP is payable by the day.
As quickly as an worker returns to work, it’s best to resume paying them at their regular price. There’s no authorized obligation to maintain data of SSP funds, however it’s sensible to keep up absence data in case there’s ever a pay dispute.
SSP doesn’t have an effect on an worker’s statutory vacation, which ought to nonetheless be accrued regardless of how lengthy they’re off sick, and they need to be allowed to hold any holidays not taken because of illness into the following 12 months.
Can I ask for proof?
You may solely ask for a match observe after your worker has been off for greater than seven days in a row. A match observe should be issued by a health care provider or hospital, or when you agree, proof may be within the type of an Allied Well being Skilled Well being and Work report.
SSP and coronavirus – are you able to make a authorities declare?
When you paid SSP to your workers through the pandemic, you can declare it again utilizing the Coronavirus Statutory Sick Pay Rebate Scheme. Nonetheless, the scheme was closed on 24 March 2022.
As of that very same date, your workers are now not entitled to SSP in the event that they’re self-isolating because of Covid-19, until they’re unable to work because of illness.
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