What are my rights to sick pay?
If you have to take time off from work due to illness or injury, you might be entitled to sick pay.
There are two types of sick pay:
- Statutory Sick Pay (SSP), if you’re eligible
- Company sick pay (also called contractual or occupational sick pay), if your employer runs their own sick pay scheme
Statutory sick pay
You get SSP for the days you would have worked if you were well. It’s not paid for the first three days you’re off, unless you’ve been paid SSP within the last eight weeks and are eligible to claim it again.
SSP is the legal minimum you should receive and is payable for up to 28 weeks.
Company sick pay
Your company may have a sick pay scheme that is more generous than SSP.
You’ll find the details in the contract of employment you should have been given, in writing, within two months of starting work. If your company doesn’t have a sick pay scheme, your contract should say so.
Company sick pay schemes usually start after a minimum period of service, such as a three-month probationary period.
Employers often pay sick pay at the normal rate while you are off sick. After a set number of weeks, it might reduce to half pay for a further period, until such time as any sick leave you take becomes unpaid.
Your contract should explain how to advise your employer that you’re off sick, for example, by phoning before a certain time of the day. Usually you will be able to self-certify up to 7 days of illness. After that, they are likely to ask you to supply a fit note from your GP. If you’re staying off work because you have Covid-19 or are self-isolating on public health advice, you can download an isolation note from the NHS website.
Top tip: Make sure you follow your employer’s rules carefully, otherwise you might jeopardise your sick pay entitlement.
If you’re off sick because of a physical accident or a psychological problem caused at work (such as stress), there may be a special sick pay scheme – check your contract for details. If the problem was caused by your employer, you have a legal right to make a personal injury claim.
Some contracts say sick pay is “in the discretion of the employer”. Even if your contract does contain wording like this, your employer must still:
- Pay the statutory minimum sick pay
- Not exercise any discretion irrationally or arbitrarily
- Not be discriminatory
- Not victimise you
- Not breach the fundamental duty of trust and confidence between you
Note that taking time off sick should not affect your statutory entitlement to holiday pay.
What this means to you
If your employer is refusing to pay you sick pay you’re due, this is classed as an ‘unlawful deduction from wages’:
- Check your contract to find out how much sick pay you should get
- Ask your employer if there’s been a problem paying your sick pay
- Find out your rights for SSP. If you disagree with your employer’s decision on SSP, ask them to write down the reasons
If you lose your job because you were off sick, you might be able to claim for unfair dismissal.
We are employment lawyers who act for employees (not employers). We deal with problems like this all the time, and will be happy to help you. Give us a call, and we’ll let you know your options, and your chances of making – and winning – a claim.
Related reading
- Our expert guide to being dismissed for being off sick
- I was sacked after having time off sick with Covid-19
- Reliable checklist to see if you’ve been unfairly dismissed
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