Company sick pay entitlement

snowwhite398

Hi,

My company has a 6 week company sick leave policy. After company sick pay runs out, statutory pay kicks in for up to 26 weeks.

A colleague took their first day of sick leave on 1st Feb 2019 and will have used up the full amount of company sick pay shortly.

If they decide to stay off sick and just take statutory pay, what happens on 1st Feb 2020, does the company pay kick back in? i.e. are they eligible for another 6 weeks at full pay?

Thanks!

bargainbetty

No, SSP lasts 28 weeks and if there is no return to work then the person will have used up their SSP allowance. At that point, the employer will send an SSP1 form and the employee will need to apply for other benefits (UC or ESA)

If there is no reasonable prospect of them returning to work, the employee may find that the employer begins the process to terminate their employment on capability grounds.

sportsarb

I'd be very surprised if they started paying OSP again after the SSP but the answer to that question will be in the companies sick pay policy, which should be available from the employer.

More likely, after the SSP period, ESA or UC (Social security benefits) will need to be claimed.

getmore4less

without knowing which company it won't be possible to tell.

Even then it would need someone familiar with that companies contractual sick polices.

Undervalued

snowwhite398 wrote: »

Hi,

My company has a 6 week company sick leave policy. After company sick pay runs out, statutory pay kicks in for up to 26 weeks.

A colleague took their first day of sick leave on 1st Feb 2019 and will have used up the full amount of company sick pay shortly.

If they decide to stay off sick and just take statutory pay, what happens on 1st Feb 2020, does the company pay kick back in? i.e. are they eligible for another 6 weeks at full pay?

Thanks!

Probably not but it depends on the exact terms and conditions of the sick pay scheme.

It is most likely a rolling year. If so company sick pay would not become payable again until the day after the anniversary of the first day on which sick pay was paid.

It is also worth noting that whilst company sick pay can be a hard and fast contractual entitlement, that is becoming increasingly unusual. The vast majority is now "discretionary" in which case whether any is paid will be at the company's discretion.

Edit to add.....

Having re-read the OP, I am not clear if they are asking about company sick pay or SSP?

snowwhite398

Hi,

Sorry if I wasn't clear. I was asking about company sick pay.
It is done on a rolling 12 months but I'm not entirely sure what that means.
I assumed it meant that 12 months after the date of your first absence, everything is re-set and you are then entitled to another 6 weeks of company sick pay.
Therefore 12 months after 1st Feb 2019 (first sick day), company pay kicks in again?

Comms69

snowwhite398 wrote: »

Hi,

Sorry if I wasn't clear. I was asking about company sick pay.
It is done on a rolling 12 months but I'm not entirely sure what that means.
I assumed it meant that 12 months after the date of your first absence, everything is re-set and you are then entitled to another 6 weeks of company sick pay.
Therefore 12 months after 1st Feb 2019 (first sick day), company pay kicks in again?

If someone is still employed after 12 months off, with clearly little prospect of returning, I'd be surprised if they were kept on. As such the question is largely academic - the company may pay it, or they may not - the employee would have little recourse in reality

Broadyx

snowwhite398 wrote: »

Hi,

Sorry if I wasn't clear. I was asking about company sick pay.
It is done on a rolling 12 months but I'm not entirely sure what that means.
I assumed it meant that 12 months after the date of your first absence, everything is re-set and you are then entitled to another 6 weeks of company sick pay.
Therefore 12 months after 1st Feb 2019 (first sick day), company pay kicks in again?

No I wouldnt have thought so. If they choose to stay off it is the same instance of sickness. They would need to go back to be eligible for company sick pay on a new instance of sickness.

In my employment, the rolling period resets, but you are only eligible if the instance of sickness is a new one.

Undervalued

Comms69 wrote: »

If someone is still employed after 12 months off, with clearly little prospect of returning, I'd be surprised if they were kept on. As such the question is largely academic - the company may pay it, or they may not - the employee would have little recourse in reality

I am still not clear. Has this person been off sick continuously or have they been off for a total of six weeks in dribs and drabs during the year?

I think it must be the latter as the OP said....

A colleague took their first day of sick leave on 1st Feb 2019 and will have used up the full amount of company sick pay shortly.

In which case they are unlikely to get any further sick pay until the anniversary of when their six weeks ran out.

Comms69

Undervalued wrote: »

I am still not clear. Has this person been off sick continuously or have they been off for a total of six weeks in dribs and drabs during the year?

I think it must be the latter as the OP said....



In which case they are unlikely to get any further sick pay until the anniversary of when their six weeks ran out.

Ah yes I see what you mean - it really isn't clear.


In anycase 6 weeks off sick in an 8 month period is what 16% absence rate? Still far too much.

snowwhite398

Some sickness here and there and then a long period of 5ish weeks.