In What Circumstances Would An Employee Not Qualify For SSP?

Are there any circumstances in which an employee would not qualify for Statutory Sick Pay (SSP)?

Question asked by James Whitaker
07/02/2025

What Is SSP And When Does It Apply?

SSP is paid to employees who are absent from work due to sickness or accident for at least four consecutive days (including non-working days). These four days form what’s known as a Period of Incapacity for Work (PIW).

SSP payments begin from the fourth qualifying day of absence (the first three are unpaid, known as “waiting days”) and are currently set at £116.75 per week (2023/24 rate).

What About Part-Time Work Or Multiple Jobs?

The amount of SSP is fixed, regardless of whether an employee is full-time or part-time – meaning part-time employees receive SSP at the same rate as full-time employees. If an employee has multiple jobs with different employers, they can claim SSP from each employer if eligible.

Who Doesn’t Qualify For SSP?

Employees won’t qualify for SSP if they:

  • Have already received the maximum amount of SSP (28 weeks)
  • Are getting Statutory Maternity Pay or Maternity Allowance (there are special rules around pregnancy/new parents)
  • Are off work for a pregnancy-related illness in the four weeks before the week of their due date
  • Were on strike or in custody on the first day of their sickness (including any linked periods)
  • Work outside the EU and your business isn’t liable for their National Insurance contributions
  • Received Employment and Support Allowance within 12 weeks of starting or returning to your workplace.

What Happens If There Is More Than One PIW?

If two or more PIWs are separated by 56 days or less, they’re treated as a single period. This means employees don’t need to wait for the initial unpaid days again.

How Does SSP Work With Holidays?

Employees on sick leave continue to accrue statutory holiday entitlement, so if an employee leaves your business, they’re entitled to payment for any unused accrued holiday.

Sick employees who are unable to take their holiday can carry over up to four weeks’ entitlement to the next year, which must be used within 18 months.

What Happens To SSP With A Phased Return To Work?

If an employee is phasing their return to work and hasn’t used up their SSP entitlement, they can receive:

  • Full pay for days they work
  • SSP for days they remain off.

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