|
Nobody likes to think of having to take any long-term time off work due to illness.
However, it's worth considering as you look for jobs, as with many benefits, some
employers are more generous than others, and it is well worth checking out if your
future employer will pay you the Government minimum or if they run a more generous
occupational sick pay scheme.
Laws designed to improve the rights of people with disabilities are also affecting
the way that employers deal with staff who have to take long periods off work when
they are sick.
What is Statutory Sick Pay?
Statutory Sick Pay is the minimum amount employers must pay any employees
unable to attend work due to illness. Many employers operate their own occupational
sick pay schemes, which usually pay more than SSP.
Is everyone entitled to sick pay?
No. The exceptions include short-term employees (those on contracts of three
months or less), those not earning enough to pay National Insurance contributions,
new employees (depending on individual company policy), pregnant employees, overseas
employees and/or employees on strike.
How much is SSP?
The rate of Statutory Sick Pay is worked out according to the employee's normal
weekly earnings. The current rate of statutory sick pay is £66.15 per week for
employees earning the amount necessary to be liable to pay National Insurance
Contributions - currently the equivalent £79.00 per week.
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, which includes weekends, holidays and other days not worked. This is
known as a Period of Incapacity for Work (PIW). After the qualifying days, SSP is
payable up to 28 weeks. After that, an employee will have to claim state sickness
benefit. If an employee does not qualify for statutory sick pay they may still qualify
for sickness benefit from the DSS. 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.
What happens if I'm really sick and cannot return to work for a long
time?
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 reasonable effort to allow a disabled person to continue
working.
The Act has widened the definition of disability, bringing many people previously
excluded under its protection. A physical impairment may be obvious but not necessarily
so - for example, arthritis, asthma or migraine. A mental impairment is a clinically
recognised mental illness and includes clinical depression.
The DDA states that the adverse effect must be long term and substantial. Long-term
effects are those that have lasted, or are likely to last, at least 12 months or are
recurring and likely to recur beyond the 12-month period. The term 'substantial'
means that the adverse effect must be more than minor or trivial.
Can I demand to see my sickness absence records?
Yes. Employers are required to keep records on sickness absence, but new legislation
means you now have the right to see those records. 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. (You
may have to pay a nominal administration fee in order to see your records).
How can my employer help to keep me healthy?
- Eye tests - Whether or not you are entitled to free eye tests and
help with glasses depends on your contract of employment, however,
with jobs involving intensive use of VDUs are entitled to eye tests
paid for by your employer.
- Health surveillance
- Some 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 who
works at a work station.
Where can I get more information?
The Department for Work and Pensions provides information on Statutory Sick Pay and your
entitlements:
http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp.
Contact your local Citizens Advice Bureau or look up their website at
www.adviceguide.org.uk
The Trades Union Congress also publishes leaflets and guidance on workers' rights. Visit the
TUC web site at www.tuc.org.uk.
More advice on your rights. | 