If you are off work due to illness are you entitled to be paid?
The question initially depends upon your contract of employment. If your contract provides you to be paid while you are off sick, you will be paid while you are off sick. Your contact of employment may only provide for half of your normal pay while you are off sick in which case that is the level of sick pay you will receive.
If your contract does not have any provisions in relation to sick pay then statutory sick pay (SSP) will apply to you. This appears a minimum level of sick pay to which you are entitled. Your contract of employment can not therefore provide for a lower amount your entitlement to statutory pay, although your contract of employment can provide for a more generous level of sick pay than statutory sick pay.
Statutory sick pay applies as long as you are working for an employer under contract of service (even if you have only just started).
You will be entitled to the statutory sick pay provided:
1. You are sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work).
2. You are earning at least £97.00 per week.
Statutory sick pay is not paid for the first three days of your sickness. These are known as qualifying days.
In order to get the statutory sick pay you must inform your employer that you are sick and if your employer requires it, provide some form of medical evidence from the eighth day of your illness. This can be as simple as a letter or sick note from your doctor.
Your employer cannot ask you to provide evidence that you were sick for the first seven days of your illness. They are allowed to ask you to fill in a self certificate this can be in the shape of their own form or a form SC2, which you can obtain from your GP’s surgery or from HM Revenue & Custom’s website.
If you are sick for over seven days your employer can ask you to give them some form of medical evidence in support of SSP. This can be in the form of a medical certificate from your doctor.
Standard pay for statutory sick pay is currently £79.15p per week. Your employer will work out a daily rate of SSP if necessary by dividing the weekly rate by the number of days you would normally work for that week. If calculating this the week begins with a Sunday.
Statutory sick pay is usually paid on your normal pay day and is also subject to Tax and National Insurance.
If your employer refuses to pay SSP or the SSP has come to an end your employer must fill in and give you a form called SSP1.
The above rules apply even if you have been injured in an accident at work and your employer is at fault.
So if you are injured in an accident and it is your employer’s fault your employer still does not have to give you your full pay unless your contact of employment provides for it. Some employers will choose to view your full pay in any event if they feel that the accident is their fault.
In the event that your employer does not provide you with full pay when you are off work due to an accident caused by their negligence, you loss of earnings will form part of any personal injury claim you wish to bring against your employer.
If you are concerned that you may have a claim for personal injury you can contact one of our specialist on 0800 158 2454.
>> Can I Claim Compensation For A Work Accident? Read More.
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