Employment Law

Copyright (c) 2011 Robert Gray

If you are having to take time off function due to illness you could be wondering about your rights and responsibilities throughout your time off sick. Are you entitled to be paid – and if so, how significantly? – and what data are you needed to give your employer?

Most workers between the ages of 16 and 65 are entitled to Statutory Sick Pay (SSP). Statutory Sick Pay is the minimum quantity you must be paid by your employer whilst you are off sick. Your employer is entitled to reclaim any SSP payments from the government. You are entitled to obtain SSP for a period of 28 weeks and if you are still unable to function soon after this period your SSP will stop but you will be in a position to claim Incapacity Benefit. SSP starts from the fourth consecutive day of your absence from work due to ill wellness.

Some employers give their workers Occupational Sick Pay (OSP) and this will be detailed in your contract of employment. It is usually the case that you have to have been working for your employer for a particular period of time, i.e. three months, before you are entitled to Occupational Sick Pay. Usually your employer will pay you OSP equivalent to your full-time pay for a particular period, i.e. 6 months, which will then go down to half-pay for a further specified period. Occupational Sick Pay must never be much less than SSP but it is down to the discretion of your employer as to whether or not to use the SSP scheme, bearing in mind, once more, that they can’t pay you much less than what you would be entitled to under that scheme.

What about your responsibilities to your employer? Your employer could have a certain policy or procedure on sickness absence which will want to be followed. For example, they may need you to notify them by a specific time on the initial day of your absence that you are not going to be attending work due to illness. If you are absent for 4 consecutive days or a lot more you are needed by law to complete a SC2 Self Certification form which will offer your employer with particulars of your illness. Soon after seven days of consecutive absence due to illness your employer is entitled to insist on you obtaining a doctor’s certificate (sometimes referred to as a ‘medical statement’ or ‘fit note’).

Being absent from work due to illness can be a worrying time, particularly if you are most likely to be absent for a substantial period of time. It would benefit both you and your employer if you can maintain in normal get in touch with with them (or if a person can do this on your behalf) to keep them updated on your condition and the likelihood of you returning to function. This will allow your employer to make provision for your job to be completed in your absence and will assist you to preserve great relations with your employer.