f you are often off sick or are off sick for an extended period you may trigger this process.
You can be dismissed whilst you are on long-term sick leave, but the employer has to have considered whether you can return on different conditions, such as working flexibly, doing different or less stressful work (after training if needed). They also have to consult with you about when you could return to work. If you think you have been unfairly dismissed, you can take your employer to an employment tribunal.
Statutory Sick Pay (SSP)
If you are an employee, earn over £118 per week and have been off sick for more than 4 days in a row (including non-working days) you qualify forStatutory Sick Pay (SSP). You can be paid SSP for up to 28 weeks. This amount is paid by your employer and they then recover it from the Government. Your contract may entitle you to more pay, but you cannot be paid less.
Normally, during the first 3 days of any absence you won’t be eligible for sick pay, which starts from day 4 onwards. The exception to this is if you have already received SSP in within the last 8 weeks.
There are different rules for agricultural workers.
You are no longer eligible for SSP if you have a continuous period of ‘linked’ sickness lasting more than 3 years. ‘Linked’ periods of sickness must:
- last 4 or more days each
- be 8 weeks or less apart
If you are not eligible for SSP or your eligibility runs out, you may be able to claim Universal credit Universal Credit or Employment and Support Allowance (ESA).