SSP & Holiday

Mrs_Constant_Worry

Could I give you this scenario and a question -

1. Accident on Good Friday - hospital, stitches then discharged. With a contact number, phone on the Wed, to arrange having stitches out.

2. Told employer would not be at work on Tues onwards (Easter Monday) sent photo showing extent of injury and agreed to keep in contact.

3. Returned to work on Monday 28th April 2014.

4. Employer does not pay sick pay so was granted one day SSP at £17.51 as required 3 days waiting had to be served.

Question-

As the Monday was a Bank Holiday is it unlucky the way it worked out to have the accident on a Good Friday. The employer is still counting Easter Monday as a 'holiday' against the days we are granted in the contract. Do you think that is correct?

chrisbur

Holiday pay can be paid while you are off sick though it is my understanding that this should be by agreement between you and the employer. Has the employer actually paid you the holiday rate for the Monday?
Regarding the SSP I would have assumed that your qualifying days were Monday to Friday and that you were sick and did no work on all of these days. If this is correct then your waiting days would be Monday to Wednesday and you should get SSP for Thursday and Friday.

Mrs_Constant_Worry

Thank you will check wage slip and time sheet for that month. I thought maybe the Easter Monday would be counted as a sick day and that I would still have that Bank Holiday day due to me. But I need to check the hours.

chrisbur

Mrs_Constant_Worry wrote: »

Thank you will check wage slip and time sheet for that month. I thought maybe the Easter Monday would be counted as a sick day and that I would still have that Bank Holiday day due to me. But I need to check the hours.

The Easter Monday is a sick day, even if you were paid holiday pay for it that does not alter the fact that it was a sick day. If you have been paid for the bank holiday then it will be taken from your entitlement though you may wish to dispute that this was done without your agreement. If you have not been paid then the day most certainly should not have been taken from your entitlement.
Whether paid or not you should have received SSP for two days.

specialboy

You get sick pay after being ill for 4 days including non working days so you should be paid ssp for Wed onwards, if you have been paid for the bank holiday Monday then that might complicate things as ssp and holiday pay can't be paid side by side.

specialboy

Sorry cant edit my previous post but you are eligible for sick after 3 waiting days and if still ill on the 4th day it starts from then so the first qualifying day would be Tuesday (depending on wether or not you were paid for the bank holiday)

chrisbur

Have just reread your original post. You say that you had an accident on Good Friday. Did you do any work on Good Friday? If not then as you were sick on that day that would be the first day of your PIW. This would mean that you were sick for over 7 days, does your employer require a doctor's cert for over 7 days?
What day did you advise your employer was your first day of sickness?

chrisbur

specialboy wrote: »

Sorry cant edit my previous post but you are eligible for sick after 3 waiting days and if still ill on the 4th day it starts from then so the first qualifying day would be Tuesday (depending on wether or not you were paid for the bank holiday)

No I am afraid that you are getting a bit mixed up here on SSP rules.
Four or more consecutive days of sickness during which no work is done are required to form a PIW. The PIW is then divided into qualifying days and non-qualifying days. In this case almost certainly Sat and SUN are non-qualifying days and Mon to Fri are qualifying days. The first three qualifying days are not paid these are the waiting days. Non-qualifying days do not count as waiting days nor is SSP paid for them.

specialboy

Under what circumstances are non working days counted towards waiting days then?

chrisbur

specialboy wrote: »

Under what circumstances are non working days counted towards waiting days then?

Waiting days have to be qualifying days (QDs)which are usually the days that the employee would normally work. In this case the OP has five QDs as the weekly SSP rate has been divided by 5 to get the daily rate and their normal week appears to be Mon to Fri so that would appear to be their QDs.

specialboy

The op went sick on Friday, why aren't Sat and Sun counted as waiting days? Non working days count.