Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

25th November 2015

Statutory Sick Pay for Additional Hours

We have many staff who are contracted to work 19.5 hours per week but also work regular and irregular additional hours each week. They qualify for our paid sick leave for their 19.5 contracted hours but if they are rota'd to work additional hours on a week they are sick, do they qualify for statutory sick pay for the additional hours?

Thanks,

Clare

Dear Clare,

Thank you for your question. Your question needed a response from an expert in the field and so I asked Oliver McCann at Napthens for his advice and here it is:

Whether any additional SSP is due depends on how long the person is off. Remember, the first 3 days of absence are waiting days and so no pay due.

Further, SSP is payable only if the average weekly earnings in the 8 weeks before the sick period being is in excess of £112 per week or if there aren’t 8 weeks average earnings then you need to check that their “normal” weekly earnings would exceed this.

Further SSP is payable in relation to their normal working days/hours – any extra/additional hours which they are not obliged to work under the contract can be ignored for SSP purposes.

Therefore, I would suggest you pay SSP on the contracted 19.5 hours per week only, on the basis that any hours over above are not the “normal” working hours.

http://www.napthens.co.uk/

With best wishes.

Sheila


*All information is correct at the time of publishing.


About Sheila

Sheila Scott OBE has now retired and over the years , prior to her retirement she has answered thousands of your social questions. You can still access the many questions below.

For Sheila Scott OBE from National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

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