Living wages are paid

What you must do - law 5

Sick pay - all workers

General Employment Law

  • If workers pay National Insurance contributions, they are entitled to Statutory Sick Pay (SSP) after 3 days of sickness for a maximum period of 28 weeks unbroken sick leave (unless their contract states that they are entitled to more).
  • Workers who do not pay NI are entitled to receive SSP provided they earn £95 per week or more on average.
  • The average pay should be calculated over 8 weeks to the day before the workers’ first complete day of sickness.
  • SSP is fixed at £79.15 per week (from April 2009).
  • This money can be recovered from the Inland Revenue.

There is a step by step guide in this link.

  • Workers must produce a medical certificate to qualify for SSP after the first 7 days of sickness.
  • Before this point workers are able to ‘self certify’ that they are sick.
  • Employers should not ask workers to provide a medical certificate within the first 7 days.

Agricultural Workers Order

  • Agricultural wages sick pay is referred to as AWSP.
  • To qualify, a worker must have been working for the employer for 52 weeks. If they have worked less than this, they are only entitled to SSP.
  • The amount of time that they are entitled to take off depends on their length of service. See Appendix 6 for information about this period.
  • If the worker is off sick due to a work-related injury then they must have been continuously employed from the time of the injury to the beginning of the period of absence to qualify for AWSP.
  • The amount payable must reflect the normal minimum pay and the normal hours worked in the preceding 8 weeks. This excludes overtime work unless this overtime is guaranteed.
  • For info on how to calculate this, contact the AWB helpdesk.
  • This usually amounts to around £223 per week.
  • In Scotland, a worker must have been continuously employed for 52 weeks in order to qualify for any Sick Pay.
  • The number of days sick pay that they are entitled to is dependent upon the number of days they work in a week (i.e. 5, then x by 13).

For guidance on calculating sick pay in Scotland follow this link

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