Is my employee entitled to SSP?

Employees are eligible for SSP if the following rules apply:

  • They’re classed as an employee (including agency workers).
  • They’ve completed some work for the employer.
  • They’ve earnt at least £123 per week on average.
  • They have been ill for at least 4 days in a row (qualifying days)

The employer must be informed based on their Terms of Employment. If nothing is in place then HMRC guidance states within 7 days. SSP could be lost if the employer is not informed in time.

There are situations when no SSP is due and a SSP1 form must be completed by the employee:

  • If they are currently receiving statutory Maternity Pay.
  • If they have received SSP for the maximum time of 28 weeks or a continuous series of linked periods that lasts more than 3 years.
  • If their average earnings are less than £123 per week.

More details can be found at: https://www.gov.uk/statutory-sick-pay.

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