Hi, need your advise on this: I was off sick on and from 13th September (Saturday) and return to work on 17th September (Wednesday), (my normal working days are Monday to Friday). so there were 4 days off sick and I believe that I am entitled to get SSP on 16th September (Tuesday), am I right? Our payroll department said that I am not qualified to any SSP. I checked on the Gov. Website, it has said at least 4 continuing off sick, first 3 days (include weekend and holidays) are not payable for SSP, SSP payable from the 4th day which is Tuesday in my case. Please advise.
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No SSP due
If you normally work Monday to Friday then the first qualifying day for SSP during your illness would be Monday 15th. Your three waiting days would be Monday 15th - Wednesday 17th (all these are 'qualifying' normal working days) had you been off all this time, and SSP would be payable from Thursday 18th. Unfortunately your payroll department is correct - no SSP is due!
No SSP
Payroll is correct, you don't get SSP.
You need at least 4 continuous days of sickness in a row to form a PIW (period of incapacity to work), regardless of when you work. The first 3 working days in a PIW are waiting days, on which no SSP is payable. SSP is payable for any subsequent working day that you are sick within the PIW.
In your case, the qualifying days were Monday and Tuesday, so you have only 2 of the 3 waiting days. If you were also sick for Wednesday and Thursday, you'd get 1 day of SSP.
If you're sick for at least 4 continuous days in the following 8 weeks , you form a linked PIW and get to count the waiting days from the previous PIW.
For example, if you were sick this Saturday to Tuesday, you'd get 1 day of SSP (Monday is a waiting day, Tuesday is SSP).
If you were sick this Monday to Friday, you'd get 4 days of SSP (1 waiting day, 4 SSP).
If you were sick on only Monday and Tuesday, you'd get no SSP because you haven't formed a PIW (only 2 sick days).
It is all in the terminology
You need at least 4 continuous days of sickness in a row to form a PIW (period of incapacity to work), regardless of when you work. The first 3 working days in a PIW are waiting days, on which no SSP is payable. SSP is payable for any subsequent working day that you are sick within the PIW.
You need 4 consecutive days off sick (including weekends and bank holidays) to establish a PIW, without which SSP is not even considered. But the payment of SSP is based on Qualifying Days, which are your contracted working days - only Qualifying Days (working days) can count as the 3 Waiting Days and after that, qualify for payment of SSP. So, your PIW would have had to be 6 days for you to receive any SSP - 2 weekend days when you don't work, 3 working days waiting and then, the first working day of paid SSP.
Linking PIWs
You have been ill for four days, forming a Period of Incapacity for Work. (PIW). You have had two waiting days (days you would have worked, but didn't because you were sick) If you are sick for at least another four days within eight weeks then the two PIWs link (are treated as if they were one period of sickness), so there would only be one waiting day before you got SSP if that happened.