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What are your rights in regard to sick pay?

Sarah Everton

11 July 2022

Expert employment solicitor Sarah Everton explains and answers some questions around sickness entitlements.

Understanding sickness entitlements:

  • What are an employee’s rights in regards to sick pay?

  • Is an employee entitled to pay full pay during when you are off ill sick?

  • What proof of sickness does an employee need to provide?

  • Can an employee self-certify their sickness?

What are your rights in regard to sick pay?

Employees can get £109.40 per week Statutory Sick Pay (SSP) if they are too ill to work. It’s paid by your employer for up to 28 weeks.

The employee will need to qualify for SSP and have been off work sick for 4 or more days in a row (including non-working days).

The employee cannot be paid less than the statutory amount. However, the employee may be paid more if your company has a sick pay scheme (or ‘occupational scheme’) - check your employment contract.

To qualify for Statutory Sick Pay (SSP) you must:

  • be classed as an employee and have done some work for your employer

  • have been ill of work for at least 4 days in a row (including non-working days)

  • earn at least £123 (before tax) per week

  • inform your employer you are sick before their deadline - or within 7 days if they don’t have one