Through GMB and its specialist solicitors, members recover millions of pounds in compensation.
The GMB offers a Legal Freephone Service on 0300 333 0303 - further information is available.
GMB negotiates sick pay schemes for its members, so check to see if your employer has a sick pay policy.
If not, the law sets minimum standards through Statutory Sick Pay (SSP). Your employer has to pay you SSP when off sick from work.
You are entitled to SSP after three qualifying days of absence, provided:
The employer’s liability to pay SSP ends if:
SSP can be paid for a maximum of 28 weeks.
You are not entitled to SSP if on the first day of capacity
If you are excluded or have exhausted your entitlement, you may transfer to incapacity benefit (IB). Entitlement to IB depends on your national insurance record. Otherwise you may be able to claim income support (IS), a means tested benefit.
2. How Much Sick Pay Am I Entitled To?
This depends on whether you are eligible for Statutory Sick Pay (SSP) or Incapacity Benefit (IB) or your employer’s own scheme. Many employers improve upon the basic State scheme and provide full pay or half pay. Usually, the more service you have with the employer, the better the entitlement. Check your rights under your written particulars of employment and any collective agreement.
SSP is paid at a weekly flat rate of £139.58. There is no increase for dependants for SSP.
IB is paid at 3 weekly rates (higher rates for people over pension age). The rate you get depends on the length of time you have been entitled to IB. You may also get an age addition or dependants increase.
Generally, IB is payable after four consecutive days of incapacity. The first three days are waiting days but if you fall sick again within 8 weeks, the two spells are added together. You do not have to wait another three days.
From the 31 January 2011 people can no longer make a new claim for IB. You should claim Employment and Support Allowance instead.