Written by Jo Bates | 4th April 2023

From April 6 2023, statutory sick pay (SSP) will rise to £109.40 per week for most workers, from the current rate of £99.35.

As an employer, you are still expected to pay this from the fourth day your employees are off sick, for up to 28 weeks.

For advice on how best to manage employee absence, read our blog. Here are some answers to questions you may have around the upcoming changes:

How should I prepare for the change to SSP?

As an employer, you need to make sure you are paying the increased rates from April 6 2023. If you have any employees who are absent in the period leading up to April 6, you should ensure their pay is increased from that date onwards.

Remember, you do not have to pay statutory sick pay for the first three days of sickness absence. These three days are called ‘waiting days’.

How do I know if an employee is eligible?

The criteria an employee has to meet to claim statutory sick pay remains unchanged, but here is a quick reminder.

An employee or worker is eligible for statutory sick pay if they:

  • have been off sick for at least four ‘qualifying days’ in a row – these are days when they’re usually required to work
  • earn on average at least £123 a week, before tax
  • have told you they are unwell and can’t work within any deadline you have set or within 7 days

For part time employees, if there is no agreement about the days an employee is required to work (perhaps because the work is flexible and allocated each week), the qualifying days will be those days which you and the employee agree are working days for that week.

Agency, casual and zero-hours workers are also entitled to statutory sick pay if they meet the eligibility criteria.

When does SSP start?

You start paying employees SSP from the fourth ‘qualifying day’ (this is the day an employee is normally required to work). The first three qualifying days are known as ‘waiting days.’ However, if the employee is sick and has received SSP within the last eight weeks, they should be paid SSP immediately and don’t have to wait a further three days from the date of the new illness.

You cannot count a day as a sick day if an employee has worked for a minute or more before they go home sick.

When does SSP end?

An employee’s entitlement to SSP will end when:

  • the employee returns to work
  • the date on their fit note expires, if no further note is obtained
  • the employee has exhausted their 28 weeks SSP allowance
  • the termination of the employee’s employment
  • the day immediately before they take maternity leave if the employee is pregnant

Can I pay more than the statutory amount?

Yes, statutory sick pay is the minimum amount you must pay, and you may wish to top this up. If you do, this must be written into your employee’s contracts or workplace absence policy.

Your policy should also say whether the first three days of sickness absence are paid or unpaid – this is determined by you as the employer.

Do I need to require proof of sickness from my employee?

Employees are required to give you a fit note, sometimes called a ‘sick note’, if they are off for more than seven days in a row, from a GP or health professional. As of 1 July 2022, a wider group of health professionals are able to give out fit notes including occupational therapists, physiotherapists, nurses and pharmacists.

You should consider that employees might have difficulty getting a doctor’s appointment, given the current strain on the NHS, so we suggest you should be understanding if there’s a delay in getting a fit note.

I don’t think my employee is entitled to receive SSP, what should I do?

If your employee doesn’t meet the qualifying criteria, you need to notify them using an SSP1 form and explain your reasons. This can be found on the Gov website here.

If your employee does not accept your explanation, they can apply to the HMRC Statutory Payments Disputes Team for a determination.

If you have any questions about statutory sick pay, or need to deal with an urgent problem, our experienced consultants can help. Please contact info@realityhr.co.uk or call 01256 328 428 for any HR Outsourcing enquiries.