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Statutory Sick Pay


What is it?

Statutory Sick Pay is a payment that your employer is usually obliged to pay if you are unable to work due to sickness.

If you are an employee, it does not matter how long you have been employed, but if you have a fixed term contract of three months or less, you will not qualify.

In order to be eligible for Statutory Sick pay you must be aged between 16 and 65, and are incapable of doing your job through sickness or disability. If you are:


then you are entitled to Statutory Sick Pay.

This payment can be made for a spell of up to 28 weeks.

The days for which you are claiming Statutory Sick Pay are days when you would normally work if you were not sick. For most of us, this would be Monday to Friday. However, if you work a complicated shift pattern, you and your employer should agree which days count for this purpose. These payments do not start until you have been sick for three qualifying days.

You are not able to claim Statutory Sick pay if you were receiving Incapacity benefit within the past eight weeks. You cannot claim Statutory Sick Pay whilst you qualify for Statutory Maternity Pay or Maternity Allowance either.

In order to claim Statutory Sick Pay you must follow the guidance laid down by your employer’s staff sickness policy. If you do not do this, your employer may refuse to pay you, and you may be subject to disciplinary proceedings.





Disclaimer,   Target Audience,   Jurisdiction    Last updated & checked: 29/03/2006