No pay for being off work-SSP?

[charlie_boy]

Hello,

 

My wife recently went through IVF and had a prolonged miscarriage. She had only been with her employer about 7 weeks. She has been off since the beginning off this month and her hospital sicknote expires on the 18th (she only got out of hospital this thursday after a D&C) They said they would let her keep her job but the time off would be nil pay. Am i wrong or right in thinking she should get SSP? She is on a permanent contract but a 6mth probabtion period. Many many thanks

[Stvoider]

My place does not offer sick pay in the first year of employment. If I take sick time then the counter gets reset.

[andyofborg]

she may not have worked long enough to qualify for ssp.

 

however, there is an equivalent benefit to ssp which should be claimable if ssp isn't being paid.

 

if your wife's employer isn't going to pay her ssp they should provide a form to back up her claim for this benefit.

 

http://www.direct.gov.uk/en/moneytaxandbenefits/benefitstaxcreditsandothersupport/illorinjured/dg_10018786

[Bypassblade]

More info from direct.gov.uk, also link included

 

http://www.direct.gov.uk/en/moneytaxandbenefits/benefitstaxcreditsandothersupport/illorinjured/dg_10018786

 

 

Who can get Statutory Sick Pay?

 

If you're working for an employer under a contract of service (even if you've only just started and you have done some work), you're entitled to Statutory Sick Pay (SSP) if the following apply:

 

you're sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)

you have average weekly earnings of at least £107 a week

 

Your average weekly earnings are worked out by using your earnings in the eight weeks before your sickness began. Please read 'SSP – how it's worked out and what days you'll be paid for' for more information about this.

 

Statutory Sick Pay - how it's worked out and what days you'll be paid for

 

How to get Statutory Sick Pay

 

To get SSP you must:

 

tell your employer that you are sick

if asked by your employer, provide some form of medical evidence, from the eighth day of your illness

 

Please read 'SSP - telling your employer you are sick and providing evidence' for more information.

 

Statutory Sick Pay - telling your employer you are sick and providing evidence

 

How much do you get?

 

The standard weekly rate for SSP is £85.85 a week.

 

Your employer will work out a daily rate of SSP if necessary. They will do this by dividing the weekly rate by the number of days you’d normally work in that week. For working out SSP a week runs from Sunday to Saturday.

How it's paid

 

SSP is usually paid on your normal payday in the same way as your normal earnings.

 

SSP is subject to tax and National Insurance contributions. If you only receive SSP your earnings may not be high enough to pay tax unless you get other payments on top of your SSP.

What happens if you can't get SSP or it ends?

 

If you cannot get SSP or SSP has ended your employer must fill in form SSP1 and give this to you. On the form, your employer must say why SSP has not been paid or why it is ending and the last date of payment.

 

Form SSP1 is used to support a claim for Employment and Support Allowance (ESA). It is important that your employer give this form to you as soon as possible. Without the information on the form a decision on your entitlement to ESA cannot be made which may delay payment.

[LeMaquis]

She may have to claim Employment Support Allowance. Google it to get the phone number to make a claim by phone and get the background details for who's eligible.

[Bypassblade]

Yes she may but as said if she has a contract, that's the problem firms try to wheedle out of paying it, and if people don't know they go along with it.

 

 

How to claim Employment and Support Allowance

 

You can claim Employment and Support Allowance by telephone, textphone or by downloading a claim form.

Claiming by telephone or textphone

 

If you claim Employment and Support Allowance by telephone or textphone an adviser at the contact centre will:

 

go though the application with you

fill in the form

 

You will not have to fill in any forms yourself.

 

Lines are open Monday to Friday, from 8.00 am to 6.00 pm.

Contact centre numbers

 

Telephone: 0800 055 6688

 

Textphone: 0800 023 4888

 

You can also make your claim in Welsh.

 

Telephone: 0800 012 1888

Call charges

 

Calls to 0800 numbers are free from BT landlines and some mobile phone operators but you may have to pay if you:

 

use another phone company

use a mobile phone (except O2, Orange, Vodafone, T-Mobile, Virgin Media and Tesco Mobile)

are calling from abroad

 

Calls from mobile phones can cost up to 40p a minute, so check the cost of the calls with your service provider.

Textphones

 

Textphones are for people who find it hard to speak or hear clearly. Textphone numbers can only receive calls made from another textphone. If you do not have a textphone of your own but need to use one, try:

 

your local library

an advice centre like the Citizens Advice Bureau

 

They may have one you can use.

Downloading a claim form

 

The claim form is called Employment and Support Allowance ESA1. If you would like to fill in the claim form by yourself, you can download it. You will have to print this form and post it to Jobcentre Plus.

 

There are guidance notes which you need to read before filling in the claim form.

 

There are two versions of the ESA1 form. One version must be printed and filled in with a pen. The other version can be filled in using the computer.

 

You can save this interactive form as you fill it in. This means that you do not have to complete the form in one go. The 'save' feature only works in Adobe Reader 7.0 and above.

 

After you have completed the form on screen, you will have to print and sign it.

 

Please note that these forms do not apply in Northern Ireland.

 

You can download the claim form ESA1 using the following links.

 

Download 'Claim form ESA1 Print' (PDF, 336K) Opens new window

 

Download 'ESA claim form ESA1 Interactive' (PDF, 1500K) Opens new window

 

Help with PDF files

[charlie_boy]

What we have gone through is horrific enough without this. I cant believe some companies will refuse it when its something as serious as this. Make me sick and causes more stress. She hasnt even had her contract back yet so no wonder they are trying to wangle their way out of it! Such a garbage company!

[Bypassblade]

All I can say is best of luck with it, please don't shoot messengers, what myself & others have tried to do is post helpful information.

[davyboy]

doesn't the company get the SSP that they pay out back from the govt?

[retired]

doesn't the company get the SSP that they pay out back from the govt?

 

I think small employers like myself (2 employees) can claim the whole cost back, but you have to make a claim. Larger companies have to pay a % I think?

 

Personally being a small employer I cannot understand how I can be expected to pay someone sick pay. Who on earth pays me to pay them? It can only be out of my own wage packet. When I am sick (I never am funny enough) I cannot get sick pay because I am self employed.

 

If the goverment say's employees should be paid sick pay then perhaps they should pay all of it and not a %. No wonder the Indians and Chinks have all the work!