By law, employers must pay statutory sick pay (SSP) to employees and workers when they meet the eligibility criteria.
An employee or worker is eligible for statutory sick pay if they:
If an employee is eligible, they are entitled to statutory sick pay for the days they would have worked, except for the first 3. These 3 days are called 'waiting days'.
Agency, casual and zero-hours workers are also entitled to statutory sick pay if they meet the eligibility criteria.
An employer might ask their employee for a fit note before they'll pay statutory sick pay.
A fit note is sometimes called a 'sick note'. It is a statement from a registered healthcare professional giving their medical opinion on a person's fitness for work.
An employee must get a fit note if they've been off sick for more than 7 calendar days.
Employers should be understanding if there's a delay getting a fit note. Employees might have difficulty getting a doctor's appointment.
If someone is not eligible for statutory sick pay, their employer must tell them why in writing. They can do this in either:
Someone who is not entitled to statutory sick pay might be entitled to benefits or financial support to help with living costs.
Statutory sick pay is £116.75 per week. It can be paid for up to 28 weeks.
If an employee or worker is eligible, they are entitled to statutory sick pay for the days they would have worked, except for the first 3.
The days they would have worked are called 'qualifying days'. The first 3 qualifying days are called 'waiting days'.
If the employee or worker does not have a regular pattern of work, the employer should agree with them which days count as qualifying days.
For example, an employee who works Monday to Friday is sick before work on Thursday. By Monday they have been sick for 4 days so are eligible for statutory sick pay. As they do not work weekends, their waiting days are Thursday, Friday and Monday. So the employer must pay statutory sick pay from Tuesday onwards.
Statutory sick pay is the minimum amount employers must pay. Some employers might pay more. If they do, this must be written in the contract or workplace policy.
It should also say in the contract or the organisation's policy whether the first 3 days of sickness absence are paid or unpaid.
If 2 or more periods of sickness absence are linked, there are only 3 waiting days in total. To be linked, the periods of sickness must: