Too sick to work? You may be entitled to financial support…
Even if you’re particularly cautious about your health, there will be times when a bug or virus will strike, or something happens which means you’re unable to work. And worrying about how taking time out will affect you financially can be a real cause for concern.
To understand what financial support may be available to you, here’s our guide to sick say and what this means for you if or when you’re too sick to work:
What is sick pay?
Sick pay, or statutory sick pay as it’s formally known, is the minimum amount your employer must pay you (as long as you meet the eligibility criteria) if you’re off sick from work. Currently, the standard weekly rate for sick pay is £96.35 per week, which is taxable. Sick pay can be paid up to 28 weeks, depending on your circumstances.
If your employer has set up their own sick pay scheme, you may be paid more than this. Check your employment contract or with your employer to see if this is in place.
Am I entitled to sick pay?
Sick pay entitlement is based on you:
- Being classed as an employee and having done some form of work for your employer
- Earning on average at least £120 per week
- Being ill for at least four days in a row. This includes non-working days
If you work part-time, you’re eligible to claim sick pay as long as you meet the criteria of earning on average £120 per week.
You may not be eligible to receive sick pay if you’re currently receiving other benefits like Statutory Maternity Pay.
Pay and benefits for temporary and agency workers
When does statutory sick pay start?
Sick pay starts on the fourth day you’re off sick. The days you can’t work are called ‘qualifying days’. If you’re eligible, you’ll get paid sick pay for all your qualifying days, apart from the first three days, which are known as ‘waiting days’.
However, you may be able to get sick pay for your waiting days if you claimed statutory sick pay in the last eight weeks, and this claim included three waiting days.
How do I claim sick pay?
First, check your employee handbook to see what process your employer has documented for informing them you’re sick. If there’s nothing in your handbook, you should:
- Inform your employer straight away that you’re sick and that you can’t work
- Tell your employer the first day you were sick, including non-work days
- Confirm your illness in writing (self-certification) within seven days of informing your employer you’re sick
- If you’re sick for more than seven days or your employer asks for one, you may need to get a doctor’s note. The seven days include days you wouldn’t usually work
Does my employer have to pay me sick pay?
If you meet the sick pay eligibility criteria then, by law, your employer must pay you sick pay.
However, if you fail to inform your employer straight away that you’re sick, it’s up to your employer to decide if you had a good reason for not informing them. If they don’t think your reason was a good one, they can refuse to pay you sick pay for the number of days you were late telling them.
Do I get sick pay if I’m self-employed?
Unfortunately not. Sick pay is only available to employees of a company. If you’re self-employed you may be able to claim Employment and Support Allowance (ESA) if you have a disability or a health condition that affects how often you can work.
How much ESA you get is dependent on your age and your ability to return to work, and other factors.
Eligibility for ESA is based on you having:
- A disability or illness that limits your ability to work
- Worked as an employee or being self-employed
- Paid enough National Insurance Contribution, usually in the last two or three years
COVID-19 and sick pay
There are different rules if you’re self-isolating. Up to 24th March 2022, if you were self-isolating or are advised to self-isolate, you may be able to claim statutory sick pay after one day off sick. From 24th March, you may be eligible for statutory sick pay from day four.
What is sick leave?
Sick leave is when you take time off due to sickness or an injury, physical or mental. While you’re on sick leave, you retain your employee rights, such as a duty of care. Sick leave law legislation falls under Statutory Sick Pay.
Returning to work after sickness
How to talk about mental health at work
Can I appeal if I feel I should be earning sick pay?
If your employer is refusing you sick pay, or if you feel you’re receiving less sick pay than you should be, first check your eligibility on the .gov or ACAS website.
If you are eligible and your employer continues to refuse sick pay or only pays part of it, your employer should write to you explaining their reasons. You can ask them to do this even if you no longer work for them.
If you’re unable to make progress with your employer on this matter, you should contact the HMRC Statutory Payment Dispute Team, who may be able to make a decision on your entitlement.
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