Sick pay- Legalities?
Discussion
Someone I know is currently off work ill, and will probably be for another week (no it's not "stress", "back pain" or "a cold").
She has been working for the company for 3 years but has been told that she is not entitled to any sick pay.
Just wondering what the legalities of this are? Or is it purely a "what's in the contract" thing?
She has been working for the company for 3 years but has been told that she is not entitled to any sick pay.
Just wondering what the legalities of this are? Or is it purely a "what's in the contract" thing?
Department for work and pensions said:
What is it -
SSP is paid to employees who are unable to work because of sickness. SSP is paid by your employer for up to a maximum of 28 weeks.
Who gets it -
You must have worked for your employer under a contract of service. Even if it is your first day of work with a new employer and you become sick part way through the day you may be entitled to SSP.
To get SSP you must be:
* Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.
* Earn, before tax and National Insurance an average of £90.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you have to start paying NIC’s or would start paying if you were treated as an employed earner.
Your earnings are averaged, over an 8 week period before your sickness began. This period may vary slightly depending on whether you are paid weekly or monthly paid, or at other intervals. If you have just started your job the calculation may be different, contact your employer for more information.
If you answer YES to all the above, claim SSP
Quick google revealed that. I got it from http://www.dwp.gov.uk/lifeevent/benefits/statutory... if you're interested in having a bit more of a read. Provided she is UK based I cannot see any reason why she wouln't be entitled to sick pay. SSP is paid to employees who are unable to work because of sickness. SSP is paid by your employer for up to a maximum of 28 weeks.
Who gets it -
You must have worked for your employer under a contract of service. Even if it is your first day of work with a new employer and you become sick part way through the day you may be entitled to SSP.
To get SSP you must be:
* Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.
* Earn, before tax and National Insurance an average of £90.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you have to start paying NIC’s or would start paying if you were treated as an employed earner.
Your earnings are averaged, over an 8 week period before your sickness began. This period may vary slightly depending on whether you are paid weekly or monthly paid, or at other intervals. If you have just started your job the calculation may be different, contact your employer for more information.
If you answer YES to all the above, claim SSP
Edited by richyb on Sunday 12th October 14:11
She's been off for a week and a half and been told she won't get a penny. She says they're an incredibly s
t company and she's been looking for a better job/better company for a few months now.
Is sick pay a courtesy thing or are they actual laws stating full time permanent staff have to have it after a certain time? (For example I get sick pay once I've been at my current job after 3 months).
t company and she's been looking for a better job/better company for a few months now.Is sick pay a courtesy thing or are they actual laws stating full time permanent staff have to have it after a certain time? (For example I get sick pay once I've been at my current job after 3 months).
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