Statutory Sickpay: Some FAQs
Here are the five queries that land on HR desks most often, plus some answers you can paste straight into an FAQ.
1. Do weekends count towards the four waiting days?
Yes, any consecutive calendar day of incapacity, working or not, counts. A Friday illness that runs to Monday triggers SSP on Monday.
2. What if staff earn under the Lower Earnings Limit but top up with overtime?
They will qualify for SSP. The test is average earnings in the fixed eight-week reference period. That includes overtime (it also includes holiday pay, commission and bonuses). If the overtime takes them above the Lower Earnings Limit, then they receive SSP.
3. Can we rotate qualifying days mid-absence to save money?
No. Qualifying days are tied to the employee’s normal pattern at the start of incapacity. Tweaks midway risk HMRC penalties.
4. How do linked absences work in practice
If two periods of sickness are separated by eight weeks or fewer, treat them as one spell. The waiting days apply only once; the 28-week clock keeps ticking. Run a monthly report to spot inadvertent resets.
5. What paperwork keeps us tribunal-proof?
• Absence log with start and end dates.
• Calculation sheet showing daily SSP rate
• Form SSP1 when entitlement ends.
• Fit notes and adjustment correspondence filed securely.