Working Hours – Statutory Sick Pay

To receive Statutory Sick Pay, an employee must be sick more than four days in a row.
The first four days of sickness are called a Period of Incapacity for Work.
The first three days of sickness are called Waiting Days and Statutory Sick Pay is not paid on these days.
Statutory Sick Pay is payable from day four of sickness for a maximum of 28 weeks.
If a Period of Incapacity for Work starts within eight weeks of the previous one, the periods are linked and count as one period.
When more than one Period of Incapacity for Work are linked and three Waiting Days have been served in the first period, there are no working days in the following linked periods.

Qualifying for Statutory Sick Pay

There is no employment qualification period for Statutory Sick Pay.
You can request medical evidence from the eighth day of an employee’s illness.
An employee must have notified you of their sickness no later than seven days after the first day of sickness (or fewer days if their employment contract states such).
An employee must be employed by you and have done some work for you under their contract.
An employee must be sick for more than four days in a row. The first three days are waiting days and Statutory Sick Pay is paid from the forth day.
An employee must have average weekly earnings at or above the lower earnings limit for N ational Insurance contributions.
You don’t have to pay Statutory Sick Pay if you pay your employee a salary or contractual sick pay which is the same or more than the current rate of Statutory Sick Pay.

A part-time, temporary, agency or casual staff member may be entitled to Statutory Sick Pay.
To qualify, they must have earnings on which they are liable to pay employer’s Class 1 National Insurance Contributions (or would be liable to pay but for their age or level of earnings).

An employee who does not qualify for Statutory Sick Pay may be entitled to Employment & Support Allowance. Employment & Support Allowance is paid by the Benefits Agency.