Labour Research January 2005

Law Queries

Sick pay

Q. I have only been employed for a week and I am on sick leave. I work 11 hours a week. Can I claim sick pay?

A. Firstly, check the terms of your contract to find out whether you are entitled to contractual sick pay.

If not, you may be entitled to statutory sick pay (SSP), but only if your average earnings are at least £79.00 per week. SSP is payable by your employer (in the same way and on the same day that you would normally get paid your wages), and your employer may ask for reasonable information to determine that you are sick. You can get a self-certification form from your GP.

However, SSP is payable only if you have been sick for at least four days in a row.

If you do not qualify for SSP, you may be able to claim Incapacity Benefit, depending on whether you have made the necessary national insurance contributions. You can get an Incapacity Benefit claim form from a social security office. But this too is payable only if you have been sick for at least four days in a row.