Statutory Sick Pay
Statutory Sick Pay
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Statutory Sick Pay (SSP): The Complete Guide for UK Employers
Statutory Sick Pay (SSP): The Complete Guide for UK Employers
What is Statutory Sick Pay (SSP)?
Statutory Sick Pay represents a complicated area of employment law in the UK that HR professionals need to thoroughly understand to ensure compliance and proper implementation across their organization. This comprehensive guide covers everything you need to know about SSP, from eligibility requirements to implementation best practices.
Statutory Sick Pay (SSP) is the legally mandated minimum payment that UK employers must provide to eligible employees who are too ill to work. The legislation establishes a safety net for workers, though it doesn't cover all working individuals (self-employed workers, for example, are excluded).
Statutory Sick Pay was established in 1983 as a way to standardize sick pay provisions for employees experiencing extended illness. Initially designed to cover an eight-week period, the government extended this to the current 28-week provision in 1985.
What SSP Means for Employers
For employers, Statutory Sick Pay represents the minimum legal requirement for compensating sick employees. While companies are free to offer more generous sick pay schemes (and many do), they cannot provide less than the statutory minimum. SSP is distinct from a company's sick leave policy, though your policy should reference SSP entitlements.
Beyond any contractual sick pay arrangements, UK employees qualify for SSP when their employer doesn't maintain their regular salary during illness. This entitlement covers employees experiencing extended sickness for up to 28 weeks.
Key Questions Employers Have About SSP
Common questions about Statutory Sick Pay include:
When does SSP begin?
What conditions must employees meet to qualify?
What is the current SSP rate?
How long can employees receive SSP?
How does SSP relate to suspected absence abuse?
Most employers recognize that occasional illness is inevitable and that taking brief periods off to recover from common ailments is a normal part of employment. However, situations involving serious or prolonged illness require careful management.
SSP Eligibility Criteria
The eligibility criteria for SSP are clearly defined. To qualify, people must:
Have the right employment status as an employee (agency workers can also qualify)
Earn a minimum of the current earnings limit (£123 per week)
Have performed actual work for your organization
Have been ill for a minimum of 4 consecutive days of sickness (including non-working days)
Notify you of their illness by your company deadline (but no later than 7 days)
SSP Payment Details
SSP can be provided for up to 28 weeks, but employees only get payment for 'qualifying days' – days they are obligated to work based on their contract. While the four-day rule establishes when SSP starts, employees won't receive SSP for the days they weren't scheduled to be at work or working. For instance, if illness occurs on a weekend and the employee doesn't normally work weekends, those days won't be compensated for. The weekly rate is currently set at £116.75.
Streamline Absence Management
Implement an AI-powered HRIS that allow employees to efficiently make leave requests, automatically alert managers, and update calendars upon approval from managers. Provide your HR team with comprehensive visibility of company-wide employee absences in just a few seconds. Try Humaans today.
When Employees Can Take Sick Leave
According to the UK Government, employees can take time off working if they're ill. They need to give their employer proof if they're sick for more than a week (7 days). Most organizations allow their employees to self-certify their illness (without any medical evidence) for absences up to seven days. For any longer periods, a sick note – officially called a 'fit note' – becomes necessary.
Fundamentally, sickness entitlements are outlined in the employment contract signed between the employer and the employee, including how days of sickness absence should be reported to the company and what information is needed.
These different provisions change a lot between organizations: some companies need medical certificates after just two days of sickness absence. The approach depends on balancing trust, contractual obligations, workplace expectations, and organizational culture. Regardless of the specifics of different policies, both employers and employees should maintain thorough documentation of all periods of sickness absence.
Managing Sickness During Holiday Periods
Interestingly, if employees become sick just before or during scheduled holiday time, gov.uk indicates they can "take it as sick leave instead." Whether this can be classified under a company's maybe more generous sick pay entitlement rather than SSP is less clear. However, what is certain is that if the normal and standard SSP eligibility requirements are met before or during holiday, SSP provisions apply in these specific circumstances also.
SSP Payment Rates and Calculations
According to gov.uk, eligible employees can get £116.75 as a weekly rate of Statutory Sick Pay when unable to work due to being sick. For specific calculations of entitlement based on weekly earnings, the government provides specific calculator tools.
However, it is worth saying that the SSP rate falls way below typical earnings. With the UK National Living Wage now at £12.21 per hour for those aged 21 and above, a standard 40-hour working week equates to approximately £488.40 weekly. The mandated specified SSP amount (£116.75 per week) is less than a quarter of these weekly earnings (about 24%).
For corporate employees who usually make considerably more than minimum wage, such as graduates, whose starting salaries change widely by field, receiving only SSP can mean a substantial financial hardship. Even at entry-level wages, the difference between typical earnings and SSP is big, making it an insufficient safety net for most workers.
This disparity explains why many organizations put in place improved sick pay schemes that exceed SSP requirements, with details specified in employment contracts. It is important to note: employees still need to pay income tax and National Insurance contributions on all SSP payments, which reduces even more the actual amount received.
When SSP Payments Begin
Remember that SSP doesn't start until an employee has been sick for four days in a row. Until this threshold, employers aren't legally required to pay any sick pay.
Most employers give more generous provisions than this legal requirement – usually allowing employees reasonable flexibility with their sick leave. The actual amount of available sick leave, compensation rates, and eligibility conditions change between organizations.
The eligibility criteria for SSP are clearly defined. To qualify, people must:
Have the right employment status as an employee (agency workers can also qualify)
Earn a minimum of the current earnings limit (£123 per week)
Have performed actual work for your organization
Have been ill for a minimum of 4 consecutive days of sickness (including non-working days)
Notify you of their illness by your company deadline (but no later than 7 days)
SSP Payment Details
SSP can be provided for up to 28 weeks, but employees only get payment for 'qualifying days' – days they are obligated to work based on their contract. While the four-day rule establishes when SSP starts, employees won't receive SSP for the days they weren't scheduled to be at work or working. For instance, if illness occurs on a weekend and the employee doesn't normally work weekends, those days won't be compensated for. The weekly rate is currently set at £116.75.
Streamline Absence Management
Implement an AI-powered HRIS that allow employees to efficiently make leave requests, automatically alert managers, and update calendars upon approval from managers. Provide your HR team with comprehensive visibility of company-wide employee absences in just a few seconds. Try Humaans today.
When Employees Can Take Sick Leave
According to the UK Government, employees can take time off working if they're ill. They need to give their employer proof if they're sick for more than a week (7 days). Most organizations allow their employees to self-certify their illness (without any medical evidence) for absences up to seven days. For any longer periods, a sick note – officially called a 'fit note' – becomes necessary.
Fundamentally, sickness entitlements are outlined in the employment contract signed between the employer and the employee, including how days of sickness absence should be reported to the company and what information is needed.
These different provisions change a lot between organizations: some companies need medical certificates after just two days of sickness absence. The approach depends on balancing trust, contractual obligations, workplace expectations, and organizational culture. Regardless of the specifics of different policies, both employers and employees should maintain thorough documentation of all periods of sickness absence.
Managing Sickness During Holiday Periods
Interestingly, if employees become sick just before or during scheduled holiday time, gov.uk indicates they can "take it as sick leave instead." Whether this can be classified under a company's maybe more generous sick pay entitlement rather than SSP is less clear. However, what is certain is that if the normal and standard SSP eligibility requirements are met before or during holiday, SSP provisions apply in these specific circumstances also.
SSP Payment Rates and Calculations
According to gov.uk, eligible employees can get £116.75 as a weekly rate of Statutory Sick Pay when unable to work due to being sick. For specific calculations of entitlement based on weekly earnings, the government provides specific calculator tools.
However, it is worth saying that the SSP rate falls way below typical earnings. With the UK National Living Wage now at £12.21 per hour for those aged 21 and above, a standard 40-hour working week equates to approximately £488.40 weekly. The mandated specified SSP amount (£116.75 per week) is less than a quarter of these weekly earnings (about 24%).
For corporate employees who usually make considerably more than minimum wage, such as graduates, whose starting salaries change widely by field, receiving only SSP can mean a substantial financial hardship. Even at entry-level wages, the difference between typical earnings and SSP is big, making it an insufficient safety net for most workers.
This disparity explains why many organizations put in place improved sick pay schemes that exceed SSP requirements, with details specified in employment contracts. It is important to note: employees still need to pay income tax and National Insurance contributions on all SSP payments, which reduces even more the actual amount received.
When SSP Payments Begin
Remember that SSP doesn't start until an employee has been sick for four days in a row. Until this threshold, employers aren't legally required to pay any sick pay.
Most employers give more generous provisions than this legal requirement – usually allowing employees reasonable flexibility with their sick leave. The actual amount of available sick leave, compensation rates, and eligibility conditions change between organizations.
The Importance of Clear Employment Contracts
Ultimately, sick leave entitlements are dictated by employment contracts, and when illness occurs, HR departments, line managers, and eligible employees need to work together to navigate the situation properly.
For example, some companies include 'duvet days' into their contracts. Others create systems where employees 'earn' sick leave entitlements (beyond the statutory minimum). Some allocate a certain amount of paid time off annually – usable for either sick leave or vacation – with defined maximum limits for this time off.
Whatever the approach your organization takes regarding sick leave and compensation, these provisions should be clearly documented in employee contracts and your employee handbooks. Additionally, all absence instances – including sick leave – must be recorded in employee records, no matter whether the absence qualifies for SSP.
Part-time workers have the same rights to SSP as full-time employees, though their qualifying days will be different based on their work schedules. If there's a dispute over payments, employees coud have to seek legal advice or contact their local Citizens Advice for guidance on their entitlements.
Ultimately, sick leave entitlements are dictated by employment contracts, and when illness occurs, HR departments, line managers, and eligible employees need to work together to navigate the situation properly.
For example, some companies include 'duvet days' into their contracts. Others create systems where employees 'earn' sick leave entitlements (beyond the statutory minimum). Some allocate a certain amount of paid time off annually – usable for either sick leave or vacation – with defined maximum limits for this time off.
Whatever the approach your organization takes regarding sick leave and compensation, these provisions should be clearly documented in employee contracts and your employee handbooks. Additionally, all absence instances – including sick leave – must be recorded in employee records, no matter whether the absence qualifies for SSP.
Part-time workers have the same rights to SSP as full-time employees, though their qualifying days will be different based on their work schedules. If there's a dispute over payments, employees coud have to seek legal advice or contact their local Citizens Advice for guidance on their entitlements.
Appropriate Use of SSP
Identifying Genuine Illness vs. Absence Abuse
How can employers distinguish between legitimate long-term absence and absence abuse from their employees? Warning signs could include suspicious Monday absences, absences after social events, sick days coinciding with certain project deadlines, or unusually frequent medical appointments. These patterns may indicate absenteeism problems.
Understanding 'Pulling a Sickie'
'Taking a sickie' or 'pulling a sickie' are situations where employees claim being ill or exaggerate being ill to avoid work. According to one employment law advice firm, "If an employee makes up or exaggerates an illness or injury to 'pull a sickie,' this potentially constitutes grounds for dismissal". This behavior can break the implied term of mutual trust and confidence that underpins the employment relationship."
Appropriate Use of Sick Leave
Interestingly, in certain working cultures, fear of being perceived as 'taking a sickie' actually puts more pressure on employees to continue working when they should be recovering and taking some time off. One survey reports that "The average level of employee absences this year (5.9 days per employee annually, or 2.6% of working time lost) is the lowest ever recorded." This trend isn't necessarily positive, as the survey also found that 83% of respondents report people working while unwell, and 63% indicate people using holidays to work or working during sick leave, which can lead to reduce productivity, and ultimately, burnout.
Some experts say that "a shifting work culture is to blame for creating a stigma around taking time off," and according to another survey, "nearly 40% of employees don't tell their manager the real reason for their absence when calling in sick because they're afraid of being judged or disbelieved."
There are very real reasons for employees to take appropriate sick leave. Apart from the reduced quality of work produced when ill, coming to the office risks spreading infection to colleagues, and making them sick. It likely makes recovery time even longer and, given modern remote work capabilities, may be rather unnecessary. A healthy workplace culture encourages appropriate recovery time from illness – which is partly why SSP exists.
The Case for Duvet Days
A survey of over 1,000 UK adults found that 61% admitted taking duvet days to recover from fatigue, anxiety, or employee stress. Organizations offering this benefit allow employees to stay home when they're feeling unwell, overwhelmed, or just generally below par while receiving their full pay. This represents a good example of generous leave policies and competitive employee benefits being adopted by UK companies with employees of various sizes.
Common Employee Questions
Do I Need Medical Documentation?
Your employment contracts should specify when medical documentation is needed. However, gov.uk states that "they need to give their employer proof if they're ill for more than a week or 7 days."
Will I Receive Pay During Illness?
You should clearly communicate sick pay provisions to employees, by including this information in their employee handbook. Your sick leave policy should also give details on illness reporting procedures, notification needs, and long-term illness provisions. For example, you might offer financial assistance for extended periods of illness as a benefit or include it within options for flexible benefits.
Must I Phone Work When Sick?
Basic professional courtesy means employees should notify employers as soon as they know they can't make it to work, but specific needs should be documented in their contracts and sickness policies. Your remote work policy should also make clear expectations when employees are too ill to commute to work but choose to work from home. Is this discouraged, or do you support working remotely when employees are mildly unwell but still functional so that they don't spread the disease and conserve energy?
Are Text Messages or Emails Acceptable Notification?
Must employees call in, or can they notify via text message or email? This depends completely on your organization's policies. Some managers prefer direct communication with ill employees to verify their sick condition, offer support perhaps, or manage their workload during their absence.
Identifying Genuine Illness vs. Absence Abuse
How can employers distinguish between legitimate long-term absence and absence abuse from their employees? Warning signs could include suspicious Monday absences, absences after social events, sick days coinciding with certain project deadlines, or unusually frequent medical appointments. These patterns may indicate absenteeism problems.
Understanding 'Pulling a Sickie'
'Taking a sickie' or 'pulling a sickie' are situations where employees claim being ill or exaggerate being ill to avoid work. According to one employment law advice firm, "If an employee makes up or exaggerates an illness or injury to 'pull a sickie,' this potentially constitutes grounds for dismissal". This behavior can break the implied term of mutual trust and confidence that underpins the employment relationship."
Appropriate Use of Sick Leave
Interestingly, in certain working cultures, fear of being perceived as 'taking a sickie' actually puts more pressure on employees to continue working when they should be recovering and taking some time off. One survey reports that "The average level of employee absences this year (5.9 days per employee annually, or 2.6% of working time lost) is the lowest ever recorded." This trend isn't necessarily positive, as the survey also found that 83% of respondents report people working while unwell, and 63% indicate people using holidays to work or working during sick leave, which can lead to reduce productivity, and ultimately, burnout.
Some experts say that "a shifting work culture is to blame for creating a stigma around taking time off," and according to another survey, "nearly 40% of employees don't tell their manager the real reason for their absence when calling in sick because they're afraid of being judged or disbelieved."
There are very real reasons for employees to take appropriate sick leave. Apart from the reduced quality of work produced when ill, coming to the office risks spreading infection to colleagues, and making them sick. It likely makes recovery time even longer and, given modern remote work capabilities, may be rather unnecessary. A healthy workplace culture encourages appropriate recovery time from illness – which is partly why SSP exists.
The Case for Duvet Days
A survey of over 1,000 UK adults found that 61% admitted taking duvet days to recover from fatigue, anxiety, or employee stress. Organizations offering this benefit allow employees to stay home when they're feeling unwell, overwhelmed, or just generally below par while receiving their full pay. This represents a good example of generous leave policies and competitive employee benefits being adopted by UK companies with employees of various sizes.
Common Employee Questions
Do I Need Medical Documentation?
Your employment contracts should specify when medical documentation is needed. However, gov.uk states that "they need to give their employer proof if they're ill for more than a week or 7 days."
Will I Receive Pay During Illness?
You should clearly communicate sick pay provisions to employees, by including this information in their employee handbook. Your sick leave policy should also give details on illness reporting procedures, notification needs, and long-term illness provisions. For example, you might offer financial assistance for extended periods of illness as a benefit or include it within options for flexible benefits.
Must I Phone Work When Sick?
Basic professional courtesy means employees should notify employers as soon as they know they can't make it to work, but specific needs should be documented in their contracts and sickness policies. Your remote work policy should also make clear expectations when employees are too ill to commute to work but choose to work from home. Is this discouraged, or do you support working remotely when employees are mildly unwell but still functional so that they don't spread the disease and conserve energy?
Are Text Messages or Emails Acceptable Notification?
Must employees call in, or can they notify via text message or email? This depends completely on your organization's policies. Some managers prefer direct communication with ill employees to verify their sick condition, offer support perhaps, or manage their workload during their absence.
Create a better place of work today
Create a better place of work today
Simplify your people workflows and bring value to everyone in the organisation. Try Humaans today.
Simplify your people workflows and bring value to everyone in the organisation. Try Humaans today.
Frequent Asked Questions (FAQs)
How does SSP relate to other benefits?
Employees receiving SSP may also be eligible for other benefits like universal credit, child tax credit, or housing benefit depending on their different circumstances. An Employee Assistance Programme can provide guidance on the available support.
Does SSP apply during maternity leave?
SSP and Statutory Maternity Pay cannot be claimed for the same period. During the maternity pay period, normal rules for SSP does not apply.
Can zero-hours contract workers claim SSP?
Yes, zero-hours contract workers can qualify for SSP if they meet the earnings limit and other specific eligibility requirements.
What happens after the 28-week period of SSP?
After the current 28-week period of SSP entitlement, employees with long-term illness could be eligible for Employment and Support Allowance or other forms of additional support.
A well-written sickness policy is part of a competitive benefits package that helps attract and retain the best talent. However, the policy document represents just one side of effective absence management.
When HR teams can efficiently store, retrieve, and analyze employee sick-time data, they gain valuable insights into their workforce patterns, identify specific trends, and implement improvements that benefit both their employee welfare and the organization's bottomline.
By sustaining comprehensive documentation of employee sick time and regularly looking at this information, HR professionals can develop strategic approaches to wellness, identify potential issues before they escalate, and ensure consistent policy application throughout the organization.
Book a demo with Humaans to discover how our platform can help you streamline your SSP administration and absence management processes.
Disclaimer: This article includes information sourced from gov.uk. While we strive to ensure accuracy, please refer to the official gov.uk website for the most up-to-date and comprehensive guidance.
How does SSP relate to other benefits?
Employees receiving SSP may also be eligible for other benefits like universal credit, child tax credit, or housing benefit depending on their different circumstances. An Employee Assistance Programme can provide guidance on the available support.
Does SSP apply during maternity leave?
SSP and Statutory Maternity Pay cannot be claimed for the same period. During the maternity pay period, normal rules for SSP does not apply.
Can zero-hours contract workers claim SSP?
Yes, zero-hours contract workers can qualify for SSP if they meet the earnings limit and other specific eligibility requirements.
What happens after the 28-week period of SSP?
After the current 28-week period of SSP entitlement, employees with long-term illness could be eligible for Employment and Support Allowance or other forms of additional support.
A well-written sickness policy is part of a competitive benefits package that helps attract and retain the best talent. However, the policy document represents just one side of effective absence management.
When HR teams can efficiently store, retrieve, and analyze employee sick-time data, they gain valuable insights into their workforce patterns, identify specific trends, and implement improvements that benefit both their employee welfare and the organization's bottomline.
By sustaining comprehensive documentation of employee sick time and regularly looking at this information, HR professionals can develop strategic approaches to wellness, identify potential issues before they escalate, and ensure consistent policy application throughout the organization.
Book a demo with Humaans to discover how our platform can help you streamline your SSP administration and absence management processes.
Disclaimer: This article includes information sourced from gov.uk. While we strive to ensure accuracy, please refer to the official gov.uk website for the most up-to-date and comprehensive guidance.
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