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Sick pay entitlement
Nobody likes to think of having to take any long-term time off work due to illness. But it’s worth considering during jobseeking if your future employer will pay you the government minimum, or if it runs a more generous occupational sick pay scheme.
Laws designed to improve the rights of people with disabilities are also affecting the way employers deal with staff who have to take long periods off work when they are sick. Here are some of the most frequently asked questions:
What is Statutory Sick Pay?
Statutory Sick Pay (SSP) is the minimum amount employers must pay an employee who is off for four days in a row or more. Contracts of employment often give rights that exceed this sum (known as contractual sick pay). The SSP is calculated by dividing the fixed weekly rate by the number of days an employee is contracted to work in a week. For information on the latest regulations and rates, visit the Department for Work and Pensions website.
How long do I have to be off work before I get SSP?
You will qualify for SSP if you have been off work sick for four or more calendar days in a row, including weekends and Bank holidays. This is known as a Period of Incapacity for Work (PIW). After the qualifying days, SSP is payable for up to 28 weeks. Within the 28-week period, an employer can stop sick pay if you return to work, resign from your job or start maternity leave. Qualifying days should be stipulated in your employment contract.
Can the employer make rules about sick pay?
If the employee is getting only SSP and no contractual sick pay, there are certain steps an employer is not allowed to take. For example, the employer cannot say that the employee has to phone in by a certain time of day and the company cannot request a medical certificate until the eighth day of illness. The employer can, however, make such rules relating to contractual sick pay.
Can the employer refuse to pay?
If you do not tell your employer immediately that you are off sick, you could lose some, or all, of your sick pay unless you have a good reason for not letting the employer know.
What happens if this sickness affects my long-term health?
The Disability Discrimination Act (DDA) 1995 has improved the legal rights of those unable to work due to long-term illness or disability. The DDA defines disability as ?a physical or mental impairment which has a substantial and long-term adverse effect on a person?s ability to carry out normal day-to-day activities?. The Act requires employers to make a reasonable effort to let a disabled person continue working. The Disability Rights Commission offers guidance and detailed information.
Am I entitled to see my sickness absence records?
Yes. Employers have always been required to keep records on sickness absence, but new legislation means you now have the right to see them. The Data Protection Act 1998 requires a company to notify the Data Protection Commissioner if it is processing personal data. This applies to employees? personnel files, recruitment, health, attendance and disciplinary records and any other files compiled manually by management with or without authorisation.
How can my employer help to keep me healthy?
Health and safety regulations require employers to provide health surveillance for employees as appropriate, such as checks from an occupational health nurse for those working with chemicals. For exposure to other health risks such as work-related upper limb disorder there is no legal requirement for health surveillance, however, employers should arrange an analysis of the working environment for anyone at a permanent workstation. Some employers will also have benefits packages which include free services such as eye tests or physiotherapy treatments.
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