SPM110700 - Statutory Sick Pay (SSP): general information: employee not entitled to SSP

Employees do not qualify for SSP if:

• they received Employment Support Allowance within 12 weeks of starting or returning to work
• their average weekly earnings were not high enough
• they were receiving SMP or MA
• they are in legal custody
• their contract of employment has ended
• there is a stoppage of work due to a trade dispute at the employee’s place of work

If an employee is not entitled to SSP and has been off sick for 4 or more consecutive days, they may be entitled to state Employment Support Allowance (ESA).

Regulation 15 of the Statutory Sick Pay (General) Regulations 1982 requires the employer to give an employee who is not entitled to SSP a completed form SSP1, or an approved equivalent form.

The form SSP1, or the approved equivalent form, must be issued not more than 7 days after the later of:

• the day on which the employer is notified, or
• the fourth day of the period of incapacity for work

If it is not practicable for the employer to issue an SSP1 within the specified time it must be issued by:

• a date agreed by both, or
• the next pay day it is normal practice for the employer to pay the employee, or
• if there is no normal practice the last day of the month