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Employee going long term sick - Employed for 16 weeks

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  • Employee going long term sick - Employed for 16 weeks

    Morning all,
    I am partner in a small business £52k per year. We started an employee in February who, after she was employed, disclosed that she had Scoliosis but it wasn't a problem. It now turns out that she has had an emergency referral and will need an major operation on her spine. She will be off sick for weeks to recover. While she is off we will need to employ a replacement which will cost us. How do we stand about paying SSP, as this is now down to the company to pay and can't be reclaimed from HMRC.
    Tags: None

  • #2
    Hi

    The starting point is what's in the contract of employment in relation to sick pay. What is your company policy?? Depending on what the contract states you might have no choice but to pay ssp.

    Regards

    NMNP

    Comment


    • #3
      Your employee will be eligible for SSP payments, which is a statutory payment for up to 28 weeks if they meet the following:

      * have an employment contract
      * have done some work under their contract
      * have been sick for 4 or more days in a row (including non-working days). So once they have had the operation and been off for 4 days SSP payment
      will commence
      * earn on average at least £118 per week
      * give you the correct notice
      * give you proof of their illness, only after 7 days off

      If you have a sickness policy or term in your contract of employment that pays more than SSP then you will need to pay in accordance with that policy or term.

      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        Thanks both. It was nice of the government to slip through the legislation which turns the responsibility back on the employer to pay the SSP and not be able to claim it back. Small businesses, especially with the present High Street economy, could go under due to this .......
        .

        Comment

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