Agricultural Sick Pay
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1. Overview
Agricultural Sick Pay (ASP) means you’re paid at least the Agricultural Minimum Wage when you’re off work sick. It includes any Statutory Sick Pay you might be entitled to.
You only have the right to Agricultural Sick Pay if you were employed before the rules changed on 1 October 2013 and it says so in your contract.
There are different rules for Agricultural Sick Pay in Scotland.
2. What you'll get
| Number of months continuous employment when you went off sick | Maximum weeks you can claim Agricultural Sick Pay (ASP) per year |
|---|---|
| Up to 12 | 0 |
| 12 to 23 | 13 |
| 24 to 35 | 16 |
| 36 to 47 | 19 |
| 48 to 58 | 22 |
| 59 or more | 26 |
Working out how much you’ll get
Multiply the ‘maximum weeks you can claim ASP’ in the table by the number of days you regularly work per week including any guaranteed overtime. This doesn’t include overtime you regularly work that isn’t guaranteed. This number tells you how many days you can claim over a 12 month period starting from the first day of sickness or injury that’s eligible.
The period you can claim for starts on the first full working day you’re unable to work and ends on the day before you return. This can be any day, including days you don’t usually work.
Example
Laura has been continuously employed for 38 months and works 4 days a week. She multiplies 19 by 4 to get 76. She can claim 76 days Agricultural Sick Pay (ASP).
You must be paid at least your basic pay for all normal working hours (including guaranteed overtime) for each day you’re entitled to.
Away for longer than you’re entitled to claim for
If you’re away for longer than the number of weeks you’re entitled to claim for, you might be able to get Employment and Support Allowance or other benefits.
When you’ll be paid
You should be paid on your normal pay day. Your employer must pay your sick pay while you’re off work and immediately after you come back. Each payment should be for at least the amount your employer knows you’re entitled to (rather than guessing when you’ll return).
3. Eligibility
You only have the right to Agricultural Sick Pay if you were employed before the rules changed on 1 October 2013 and it says so in your contract.
You must have been continuously employed by the same employer for at least 52 weeks before the first day of your absence.
When you become entitled to Agricultural Sick Pay (ASP)
You won’t be paid for the first 3 days off sick unless you’re away for longer than 14 working days in total.
Sickness that counts for ASP
- your own illness, whatever caused it
- your own illness or incapacity caused by pregnancy or maternity
- injuries which happened at work
- injuries which happened travelling to or from work
- recovering from an operation caused by an illness or injury suffered at work or travelling to or from work
If you’re sick because of another reason, you might be entitled to Statutory Sick Pay.
4. How to claim
Tell your employer about your sickness or injury and they’ll sort out your Agricultural Sick Pay (ASP). If you’re ill for longer than 8 days, you must give your employer a medical certificate (doctor’s note).
5. Further information
If you need advice, contact the pay and work rights helpline.