SPM10545 - Statutory Sick Pay (SSP) - Employees who cannot receive SSP when they go sick: SSP after SMP
SSP during a period of entitlement to SMP or Maternity Allowance (MA) is specifically excluded to prevent a duplication of payments in the same period. The disqualification period for SSP equates with the Maternity Pay Period (MPP), see SPM10535.
Incapacity starts outside a period of exclusion but within the maternity leave period
If a woman becomes incapable for work during a period of additional maternity leave (AML) which is unpaid because the SMP pay period is finished, consider whether or not she is employed when the incapacity starts.
If she is considered to be employed at the point she became incapable for work, her entitlement to SSP will be decided by applying other qualifying conditions in the normal way, such as her AWE during the unpaid leave period.
While on unpaid leave a person will not normally be required to be available for work so they are unlikely to have any qualifying days for SSP under Social Security Contributions and Benefits Act (SSCBA) 1992, section 154(2) and SSP would not therefore be payable.
If a woman is not considered to be under a contract of service (gainfully employed) there will be no entitlement to SSP as she will have not met the first requirement under SSCBA 1992, section 154, that there is an employer with whom she has a contract of service to pay SSP.
SSCBA 1992 section 163 covers contract of service and who is treated as an employee.
Incapacity starts on the day when the woman is due to return to work following her maternity leave period.
Once a woman has agreed a date to return to work (she will be gainfully employed under a contract of service with her employer) her maternity leave period will be bought to an end on her return to work.
However her MPP or MA period will continue to run until the full 39 weeks have expired, even though she may have returned to work. Therefore, if the her first day of incapacity is the day she is due to resume work her entitlement to SSP will be decided by applying the qualifying conditions in the normal way.
The employer will need to ensure that her MPP has expired and that her PIW did not start within the MPP before deciding SSP is payable.
SSP is not payable if she is still within her MPP and the payment of SMP or MA can be reinstated for any full working week that she is incapable for work.