Statutory sick pay

catkins

Right before I punch the guy at work who does the wages can I just ask for some advice.

I have worked for my company for almost a year (less one week). On the 1st August I went sick. I phoned in and told the Manager. On the 4th August my doctor gave a certificate for 2 weeks. After the 2 weeks I went back to work.

I got my wage slip for September and they have not paid me anything for the time I was off sick. I do not get sick pay but I believe I should get statutory sick pay. I work 20 hours a week earning £5.35 an hour.

I spoke to the guy doing the wages and he said he didn't know. Basically just shrugged his shoulders and was not interested. I was furious so did not say any more because I did not want to lose my temper. I spoke to him again today and he said I am not entitled to it because I have not worked there for 2 years!!!! I said this was complete rubbish and you are entitled to ssp if you had only worked 1 day as long as your earnings were enough. He disagreed. Asked a couple of other people in work and they all said he should know so he must be right!! I feel like I am hitting my head against a brick wall as well as dealing with a load of morons.

Please tell me I am right. There is no way I can afford to lose 2 weeks money

dawnybabes

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

If you're an employee and unable to work because you're ill, you may be able to get Statutory Sick Pay (SSP). Some employers have their own sick pay scheme instead.
Who is eligible?

If you're working for an employer under a contract of service (even if you've only just started), you're entitled to Statutory Sick Pay if the following apply:

• you're sick for at least four days in a row (weekends and bank holidays are included)
• you're earning at least £87 a week on average

Who isn't eligible?

You can't get Statutory Sick Pay if you're away from work because any of the following apply:

• you're taking part in trade union action
• you're in legal custody
• you've been getting Incapacity Benefit in the eight weeks before your illness

How it works

Statutory Sick Pay is paid for every day you'd normally be working. It starts on the fourth day of any period of sickness and lasts for a maximum of 28 weeks.
If you get sick again within eight weeks of the previous period of illness, you can claim Statutory Sick Pay from the first day.
In some cases you can return to Incapacity Benefit if you have a linking letter and you are sick again within 104 weeks (two years) of your last payment of benefit.
If your employer has their own sick pay scheme instead of Statutory Sick Pay, you'll need to make sure you understand and follow the rules (which may be different from Statutory Sick Pay).

How much do you get?

The standard rate for Statutory Sick Pay is £72.55 a week.

How it's paid

Statutory Sick Pay is paid by your employer, usually on your normal payday in the same way as your wages or salary.
Statutory Sick Pay is subject to tax and National Insurance contributions, although your earnings may not be high enough unless you get other payments on top of Statutory Sick Pay.

Effect on other benefits

If you're getting Statutory Sick Pay for a pregnancy-related illness, you'll automatically swap to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) four weeks before the baby is due.
You can't claim Statutory Sick Pay for any period of illness that starts during the same time you're entitled to Statutory Maternity Pay or Maternity Allowance.

Statutory Maternity Pay

If you're getting Statutory Sick Pay for a pregnancy-related illness, you'll automatically swap to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) four weeks before the baby is due.

Statutory Paternity or Adoption Pay

If you're getting Statutory Sick Pay, you won't be able to claim Statutory Paternity or Adoption Pay at the same time.
You should be able to delay these and, claim Statutory Sick Pay until you're fit to take the leave.
You must take it within 56 days of the birth or expected date of your adopted child's placement with you.

• Statutory Maternity Pay
• Statutory Paternity Pay
• Statutory Adoption Pay

Telling your employer

To get Statutory Sick Pay, you must tell your employer that you're sick no later than seven days after you first became ill.
Your employer can't insist that you tell them in person, or that you contact them more than once a week while you're ill. You can write a letter explaining that you're sick (the postmark is taken as the date you informed them) or phone them.
Or complete Form SC2 'Employee's Statement of Sickness'. You can get this from your doctor's surgery or download it from the HM Revenue & Customs website.
If you don't tell your employer straight away, they can withhold payment of SSP for the period of the delay. You might also face disciplinary action.
You don't have to give medical evidence when you first become sick. But if you're sick for more than seven days (including weekends and bank holidays), your employer may ask for a sick note from your doctor or hospital.

stazi

If your wages clerk uses a computer to operate the pay system, then SSP will be part of the wages software package. If he can't read when you show him the previous post, tell him to ring the HMRC employers helpline on 08457 143 143 who will explain SSP to him, assuming he can hear!

catkins

Thanks for the replies. I knew I was right but felt like I was going mad. I cannot believe I am the first person to go sick and hand in a doctors certificate without having worked there for 2 years.

I bet they just have not paid it to anyone. Even other staff have said to me that "it's discretionary" or "only paid if it's in your contract". I cannot believe how thick people are.

tigtag02

I'll be interested to know how this one pans out catkins once you go back to him.

Please do let us know
tigtag

catkins

Well just got home from work. I had a massive row with my Manager who told me I had to have worked there for at least a year. Basically I told him he was an idiot as was the guy who does the wages - he wasn't impressed.

He then said the wages were down on a computer programme which would have said if I was entitled to ssp - to which I replied that obviously the programme was useless then!!

He then said he would make a phone call but he knew that he was right as there was no way that someone that had been there less than a year could be entitled to be paid if they were off sick (he made a sarcastic comment along the lines of "oh so someone could have worked here for a day then be sick for a couple of weeks and they would be entitled to ssp would they?" To which I replied "yes they would".

Anyway he obviously made the phone call and then had to come and tell me I was right - I said I knew I was. He then said "well it's only about 50 quid anyway" to which I replied "it's £72 a week actually and I am owed 2 weeks. That may not be a lot of money to you but it is to me".

It would seem as though no one at my work has ever received ssp before!!! I know people have been off sick with certificates so they are obviously breaking the law.

tigtag02

catkins wrote: »

Well just got home from work. I had a massive row with my Manager who told me I had to have worked there for at least a year. Basically I told him he was an idiot as was the guy who does the wages - he wasn't impressed.

He then said the wages were down on a computer programme which would have said if I was entitled to ssp - to which I replied that obviously the programme was useless then!!

He then said he would make a phone call but he knew that he was right as there was no way that someone that had been there less than a year could be entitled to be paid if they were off sick (he made a sarcastic comment along the lines of "oh so someone could have worked here for a day then be sick for a couple of weeks and they would be entitled to ssp would they?" To which I replied "yes they would".

Anyway he obviously made the phone call and then had to come and tell me I was right - I said I knew I was. He then said "well it's only about 50 quid anyway" to which I replied "it's £72 a week actually and I am owed 2 weeks. That may not be a lot of money to you but it is to me".

It would seem as though no one at my work has ever received ssp before!!! I know people have been off sick with certificates so they are obviously breaking the law.

Well done catkins for sticking to your guns

Just bear in mind that you will lose the fisrt three days of your ssp (waiting days)

Hugs
tigtag

mumble_2

well done for standing up for yourself!!

I am going thu this with my boss now, hes fiddled my contract so he gets out of things.

stazi

This maybe helpful for your employer-
http://www.hmrc.gov.uk/employers/ssp-faq.htm
And just to put the cherry on the cake- failure to correctly pay SSP is a civil offence-
Penalties

The National Insurance Contributions and Statutory Payments Act 2004 came into force from 1 January 2005 and failing or refusing to operate the SSP scheme correctly may incur civil penalties, similar to those in place for unpaid PAYE and NICs.
For failure to produce records, documents or to provide information the maximum penalty is £300.00 with a £60.00 daily penalty for continuance of the failure.
For refusal, failure, or repeated failures to

• produce records,
• keep records
• make payments of SSP to an employee who has entitlement, or
• for fraud or negligence in respect of incorrect statements, records, documents and payment of SSP

the maximum penalty is £3,000.00.

Debbie.H_3

Hi, can anyone tell me what other benifits you can claim whilst getting ssp? My husband is due to go into hospial for a knee op soon and his boss now only pays ssp. £72 plus my wages is not enough for our family of 5 to live on.