5. Statutory Sick Pay

Statutory Sick Pay (SSP) provides a framework for the way that employers manage sickness absence (see Chapter 2) but it is primarily designed to provide a basic income for eligible workers whose ability to work has been affected by sickness absence.

Occupational sick pay (OSP) is often payable in addition to or instead of SSP, but there are many circumstances where SSP may be all that is on offer, or where it helps to determine the level of OSP (see page 95). However, employers are free to improve on SSP providing that they at least match its minimum terms.

SSP is a statutory right (if workers are eligible, see below) but it is not a state benefit, in the sense that opportunities for employers to reclaim SSP payments came to an end in 2016. However, employees who are ineligible for SSP or whose entitlement has run out may be able to claim Employment Support Allowance (ESA, see page 90).

Some of the rules covering SSP, those that have a bearing on the way absence is managed, are explained in Chapter 2 (notification, self-certification and Fit Notes, and record keeping). This Chapter looks at the sick pay element of SSP: eligibility, when it is payable, which days it is paid for and its duration, and what SSP is worth.