SPM10135 - Statutory Sick Pay (SSP) - General Information

What is a PIW

Section 152 SSCBA 1992. Section 148 SSCB(NI)A 1992

SSP is only paid to an employee who is absent from work due to sickness for at least four calendar days in a row, forming a PIW.

The PIW is made up of all days of incapacity or deemed incapacity when the employee did no work for their employer, including:

• Non working days such as weekends or rest days
• Holidays
• Any other days which the employee would not normally be expected to work.

For example, if an employee works Monday to Friday and is ill on Saturday, Sunday, Monday and Tuesday, a PIW has been formed even though they were only absent from work on the Monday and Tuesday. Their employer must, therefore, consider whether SSP is payable.

Linking PIWs

Where two PIWs are separated by a gap of eight weeks (56 days) or less, they link and are treated as one PIW. Entitlement to SSP is decided by applying the qualifying conditions to the first day of the first PIW and not to the beginning of any later, linked PIW.

If an employee is disqualified from receiving SSP at any time during a PIW, no SSP is payable for any subsequent linked PIW.

Employee's linked PIW last for more than three years

An employee may have any number of linked PIWs but entitlement to SSP ends if the series of linked PIWs with the same employer lasts for more than three years, even if the total SSP paid is less than the maximum payable, which is 28 weeks' SSP.

Once the link is broken by a gap between last day of the earlier PIW and the first day of the next PIW of at least 57 days, a fresh PIW may be formed with a fresh maximum entitlement of 28 weeks.