Entitlement to statutory sick pay.

Bugster123

I had 3 days off beginning of January and I took them as holidays so surely they can't be counted as sick.
I've done the calculator andtgat says I'm entitled so hopefully it's a mistake as I have to take more time off in a few weeks and I am do worried about paying my rent etc.

chrisbur

Bugster123 wrote: »

I had 3 days off beginning of January and I took them as holidays so surely they can't be counted as sick.
I've done the calculator andtgat says I'm entitled so hopefully it's a mistake as I have to take more time off in a few weeks and I am do worried about paying my rent etc.

Holiday is not counted.
If your next period of sickness is no more than 8 weeks after the end of your last, and is for at least four days of sickness, then they will be considered as linked. This means that no new calculation is done and there are no waiting days.

Xbigman

If you get 128 a week but are paid monthly its possible you had 2 monthly payments of 4 weeks prior to your sickness.

In the calculation in post 9 above that averages £113 per week.

If that is what your employers have done then they are in the wrong. Although you are paid monthly it is based on a weekly rate and they should use your weeks pay to calculate SSP. Talk to HR and ask why they are saying you don't qualify. Also point out you earn over £116 so you do qualify.



Darren

chrisbur

Xbigman wrote: »

If you get 128 a week but are paid monthly its possible you had 2 monthly payments of 4 weeks prior to your sickness.

In the calculation in post 9 above that averages £113 per week.

If that is what your employers have done then they are in the wrong. Although you are paid monthly it is based on a weekly rate and they should use your weeks pay to calculate SSP. Talk to HR and ask why they are saying you don't qualify. Also point out you earn over £116 so you do qualify.



Darren

By my calculations two paydays of 4 times £128 give an average of £118.15 The OP appears to have used the calculator and in post 10 and got the figures ....
"November and December is roughly £133 and December and january £118.59"

However had the figures come to less than the LEL then the OP would not have been entitled to SSP. Entitlement is decided on average earnings in what is called the "Relevant Period"

"Regulations define the ‘relevant period’ as the period between:
Date 1 the last normal payday before the first complete day of sickness. This payday is Date 1 and isthe end of the ‘relevant period’, and
Date 2 the last normal payday falling not less than eight weeks before the payday at Date 1. Date 2 is theday after this payday and is the start of the ‘relevant period’."

Paydays are always used and which paydays used are decided by the first day of sickness.

Bugster123

Thanks everybody It turns out I am entitled after all 😀