Statutory Sick Pay (SSP)

When is Statutory Sick Pay Payable?

  • To qualify for SSP, an individual must be absent from work due to incapacity.
  • Ordinarily, SSP is payable from the fourth day of absence.
  • However, emergency legislation has been introduced to make SSP payable from day one if individuals are absent from work due to Coronavirus.
  • The Government has announced that small or medium-sized businesses may be entitled to reclaim the costs of SSP for up to 14 days sickness absence due to Coronavirus. The repayment mechanism has not yet been set up.
  • SSP is the minimum amount an individual will get if they are off sick. If there is a contractual sick pay policy then an individual must be paid in accordance with such policy.

What If They Are Self-isolating but Have Not Been Diagnosed or Displayed Symptoms?

The Government has amended existing legislation through the Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations (SI 2020/304) to extend SSP to employees who are self-isolating following advice from Public Health England but have no diagnosis or symptoms of Coronavirus.

Does That Mean an Individual Is Entitled to Statutory Sick Pay If They Are Self-isolating Because Someone at Home Has Symptoms?

In short, yes. In this scenario, an individual is following the Government’s Stay at Home Guidance and as such, they will be entitled to SSP.

Further Questions

However, there are further questions to be considered with Coronavirus absences and pay, such as:

  • Does an employee have to provide written evidence following the first seven days of absence to be entitled to SSP?
  • What pay is an employee entitled to if the employer sends them home to self-isolate?
  • If an employee refused to attend work due to fears about Coronavirus, what pay are they entitled to?

If you have any queries regarding Statutory Sick Pay, please do not hesitate to contact Warren Moores, Employment Law & HR Solicitor on 0161 475 1225 or email [email protected].