Statutory Sick Pay Advice Needed about Consecutive Days

CYPER

Let me first give you the details:
I'm working for this company 5 days a week (Mon-Fri) from 9am to 3am every day = 30h weekly
They have a company sick scheme which only gives 3 full paid sick days a year.
So from 05.11 do 16.11 I was sick = 8 working days and I had already used the company sick pay before.
Also on the 5th I came to work only to realize I don't feel good enough to stay to the end so after 1 hour exactly I left
On the following Monday (10th) I came again feeling a bit better, but managed to stay only 3 hours and left again. Then on the 17th I returned to work as normal. For these 2 days (5th & 10th) that I came I signed in and then signed out = total of 4 hours. Then I spoke to my manager and he agreed to do 2 hours overtime extra so I can gain a full day (4h + 2h = 6h). So from 8 sick days I got one less = 7 days completely off work.

I spoke with him about SSP and he said that in order to qualify the sick days must be consecutive, which means as I have come twice for an hour and then 3 hours then the rest of the days don't count.

Can you pleas tell me if I'm entitled to SSP for the days I have been sick. If need I guess I can talk to him to push that gained full day back to the 5th in his books so it is easy to have consecutive days. Is it necessary?
I hope I made myself clear. If you need more information I'll be more than happy to supply it. I have read all the available information on SSP so I know about the waiting days, self certificate, doctor certificate, etc.

Thank you in advance.

Madjock

from what i can work out, you should have 1 day of ssp. you went home sick on the 5th, so 3 days before you can claim ssp would have been 6th, 7th and 10th, then you would have got ssp from the 11th. Unfortunately, you went to work on the 10th then went home sick, so the 3 days waiting starts again, ergo you have 1 day of ssp due for the 14th.

chrisbur

CYPER wrote: »

Let me first give you the details:
I'm working for this company 5 days a week (Mon-Fri) from 9am to 3am every day = 30h weekly
They have a company sick scheme which only gives 3 full paid sick days a year.
So from 05.11 do 16.11 I was sick = 8 working days and I had already used the company sick pay before.
Also on the 5th I came to work only to realize I don't feel good enough to stay to the end so after 1 hour exactly I left
On the following Monday (10th) I came again feeling a bit better, but managed to stay only 3 hours and left again. Then on the 17th I returned to work as normal. For these 2 days (5th & 10th) that I came I signed in and then signed out = total of 4 hours. Then I spoke to my manager and he agreed to do 2 hours overtime extra so I can gain a full day (4h + 2h = 6h). So from 8 sick days I got one less = 7 days completely off work.

I spoke with him about SSP and he said that in order to qualify the sick days must be consecutive, which means as I have come twice for an hour and then 3 hours then the rest of the days don't count.

Can you pleas tell me if I'm entitled to SSP for the days I have been sick. If need I guess I can talk to him to push that gained full day back to the 5th in his books so it is easy to have consecutive days. Is it necessary?
I hope I made myself clear. If you need more information I'll be more than happy to supply it. I have read all the available information on SSP so I know about the waiting days, self certificate, doctor certificate, etc.

Thank you in advance.

To qualify for SSP you need what is called a period of incapacity for work PIW for short. This is a period of four consecutive days when you are sick and no work is done. If you were sick on all days from 6/11 to 16/11 and the only day you worked was 10/11 then you have a PIW from 6/11 to 9/11 and another from 11/11 to 16/11. These PIWs will link and count as one PIW as they are less than eight weeks apart. If we assume that your employer pays SSP for days normally worked ( this may not be the case so you will need to check this with your employer) then you would have unpaid waiting days on 6/11 7/11 and 11/11 and would be paid SSP on 12/11 13/11 and 14/11. Each day would be paid at one fifth of the weekly rate.
As advised your employer may have agreed to different qualifying days if you find this is the case then the days for SSP will change as well as the rate.
It may also be affected by which days you advised as being sick on. For example if you said that you were not sick on Sunday 9/11 then you do not have a PIW from 6/11 to 9/11 so all these days would be ignored and your waiting days would then be 11/11 to 13/11.