Eligibility for Statutory Sick Pay

Sick Leave | HR SolutionsYou can get £94.25 per week Statutory Sick Pay (SSP) if you’re too ill to work. It’s paid by your employer for up to 28 weeks.

You need to qualify for SSP and have been off work sick for 4 or more days in a row (including non-working days).

You cannot get less than the statutory amount. You can get more if your company has a sick pay scheme (or ‘occupational scheme’) – check your employment contract.

Eligibility

To qualify for Statutory Sick Pay (SSP) you must:

  • be classed as an employee and have done some work for your employer
  • have been ill for at least 4 days in a row (including non-working days)
  • earn an average of at least £118 per week
  • tell your employer you’re sick before their deadline – or within 7 days if they do not have one

Agency workers are entitled to Statutory Sick Pay.

Exceptions

You will not qualify if you:

  • have received the maximum amount of SSP (28 weeks)
  • are getting Statutory Maternity Pay

You can still qualify if you started your job recently and you have not received 8 weeks’ pay yet. Ask your employer to find out more.

Linked periods of sickness

If you have regular periods of sickness, they may count as ‘linked’. To be linked, the periods must:

  • last 4 or more days each
  • be 8 weeks or less apart

You’re no longer eligible for SSP if you have a continuous series of linked periods that lasts more than 3 years.

Fit notes (or sick notes)

You only have to give your employer a fit note if you’re off sick for more than 7 days in a row (including non-working days).

You can get a fit note from your GP or hospital doctor. If your employer agrees, a similar document can be provided by a physiotherapist, podiatrist or occupational therapist instead. This is called an Allied Health Professional (AHP) Health and Work Report.

If you’re not eligible or your SSP ends

You may be able to apply for Universal Credit or Employment and Support Allowance (ESA). You can use form SSP1 to support your application.

If your SSP is ending your employer must send you form SSP1 either:

  • within 7 days of your SSP ending, if it ends unexpectedly while you’re still sick
  • on or before the beginning of the 23rd week, if your SSP is expected to end before your sickness does

If you do not qualify for SSP your employer must send you form SSP1 within 7 days of you going off sick.

Employers can find Form SSP1 here