Statutory Sick Pay
- Where Statutory Sick Pay is payable, payment will comprise Statutory Sick Pay in accordance with the provisions of the Social Security & Housing Benefits Act 1982 as amended and the Statutory Sick Pay Act 1994, plus an amount sufficient to bring the payment to the equivalent of full or half salary according to contractual entitlements. If salary is for any reason less than the level of Statutory Sick Pay during a period of absence through ill health, staff will be paid Statutory Sick Pay at the level laid down by Statute, if this is appropriate. The amount of Statutory Sick Pay will be shown on the salary slip.
- Statutory Sick Pay is payable on appropriate qualifying days (as defined in the above mentioned Act) for up to a maximum of 28 weeks in any reckonable period of incapacity for work. The University Council has agreed that, without prejudice to the contract of employment or conditions of service, there should be seven Qualifying Days in each week for academic and academic related staff.
- Not all Qualifying Days and not all periods of absence on grounds of ill health will attract Statutory Sick Pay. Each Qualifying Day counting for Statutory Sick Pay will attract Statutory Sick Pay at one seventh the weekly rate. In accordance with the above mentioned Act, the University will inform staff when there is no Statutory Sick Pay entitlement or where it has been exhausted so that they may claim incapacity benefit if appropriate. This information will be provided in accordance with 6 and 7 below.
- Eligibility for Statutory Sick Pay is currently as follows:
- the duration of the sick leave is at least four consecutive days (inclusive of weekends and bank holidays);
- average weekly earnings are at least £97 before deductions.
- Statutory Sick Pay is not payable in the following situations:
- trade union activity;
- legal custody;
- where incapacity benefit has been claimed within the eight weeks before the illness; or
- if other statutory payments e.g. statutory maternity pay, are currently being paid.
- When Statutory Sick Pay has been paid for the maximum 28 weeks in any reckonable period of incapacity for work, staff will be entitled to claim incapacity benefit for further periods of illness until they return to work and until a period of 8 weeks or more separates this absence from any future absence from duty through sickness. The Director of Finance will send a 'change over form' (SSP1) at the appropriate time specified in the Act together with any relevant medical certificates held by the University. This will enable staff to claim incapacity benefit when Statutory Sick Pay ends. Incapacity benefit is not administrated by the University.
- If, in accordance with the Act, a period of absence through ill health does not attract Statutory Sick Pay even though the member of staff has received less than the maximum 28 weeks' Statutory Sick Pay in any reckonable period of incapacity for work, the Director of Finance will send a 'change over form' (SSP1) for that period of absence, together with any relevant medical certificates held by the University to allow incapacity benefit to be claimed. The 'change over form' will explain why SSP is not payable.
- Staff may claim incapacity benefit on form SSP1. It should be noted that claiming incapacity benefit on the form does not override the requirements to notify and certify illness to the University as set out in 1-3 above.
- If, according to the University's records, staff are eligible to claim incapacity benefit in any period of absence through ill health for the duration of contractual sick pay, salary will be subject to the deduction of a sum equivalent to the amount shown by the office records to be claimable as incapacity benefit. Married female members of staff who have exercised their option under the National Insurance Acts not to contribute at the full rate will have deductions made of an amount equal to the benefit which would have been received had they not exercised that option.
- If staff have received certain state benefits within 56 days before the first day of absence through ill health, they will be excluded from Statutory Sick Pay. In this case, they must pass to the Director of Finance a letter which they will receive from the DSS informing the University of the exclusion and its period of currency. If staff leave the University's employment while the letter is still current, it will be returned to them.
- The SSP rules provide for the issue of leavers' statements, form SSP1(L), where a person's employment terminates and he/she has been sick for at least four consecutive days in the eight weeks prior to his/her leaving date. New employees should submit to the Salaries & Superannuation Office any such form which they have received from a previous employer.
Further details of the Statutory Sick Pay scheme, its levels, entitlements, exclusions, etc, may be obtained by contacting the Salaries & Superannuation Office or the Human Resources Department.
Please note that the SSP information provided above was accurate at the time of writing and is subject to change. The University of Sheffield cannot be held accountable for any subsequent changes.