If an employee goes off sick, the statutory sick pay (SSP) is payable for 28 weeks. This is the statutory requirement only, check your employment contracts!
After 28 weeks, the employee must then claim benefits from the government. However, as an employer you must provide an employee with a form, SSP1 if one of the following situations is applicable:
- the employee is not entitled to received SSP
- the employees SSP entitlement has ended or
- their SSP entitlement will soon be coming to an ended
The employee can then use the form to support a claim for social security benefit such and Employment and Support Allowance.
The SSP1 is available at:
https://www.gov.uk/government/publications/statutory-sick-pay-employee-not-entitled-form-for-employers
and much be given to the employee:
- within seven days of them going off sick if they do not qualify for SSP
- within seven days of their SSP ending if it ended unexpectedly whilst they’re still sick
- on or before the beginning of the 23rd week if their SSP is expected to end before their sickness does
SSP is payable up to to 28 weeks in a row or for periods that are eight weeks or less apart and are no more than 28 weeks in total.
SSP is not payable where:
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- the employee’s average weekly earnings in the eight week period before their illness where high enough (£116 per week)
- the employee is receiving statutory maternity pay or maternity allowance instead
- employee previously received ESA within twelve weeks of starting or returning to work
- the employee has been sick on and off for more than three years
