Statutory Sick Pay
What is Statutory Sick Pay?
If you sustain a brain injury that prevents you from being able to return to your employment for more than three consecutive days, you may be able to receive Statutory Sick Pay (SSP) from your employer. This is a payment that is paid in the same way as your normal wages and it is taxable.
You cannot get SSP if you are unemployed or self-employed. You also must be earning at least £120 a week from your employment to be eligible.
Applying for SSP
If you are feeling unable to work due to a brain injury, you should tell your employer as soon as possible. Your employer may have a deadline for this, otherwise you should tell them within 7 days.
You will also need to provide a ‘fit note’, which can be from your GP or hospital doctor. Your employer may also accept a note from a physiotherapist or occupational therapist.
SSP application outcomes
Your employer will decide whether or not you can receive SSP.
If you are considered to be eligible, you will receive SSP for up to 28 weeks, after which you will need to apply for Employment and Support Allowance (ESA) if you still cannot return to work.
If your employer considers you to not be eligible, you will be given a reason for this. It may be that your employer and/or doctor feel that you can continue working if adjustments are made to your role or workplace environment. You may be given information about alternative benefits that you could be eligible for instead.
If you disagree with a decision made by your employer, discuss this with them first. You may need to provide further information about how your injury has affected your ability to work.
If you are unable to resolve things, you can contact HMRC’s Statutory Payment Dispute Team
If you anticipate being off work due to your illness for longer than 28 weeks, you can start to apply for ESA up to three months before SSP ends. You may then start to receive ESA as soon as your SSP ends.
For further information, see the factsheet Statutory Sick Pay after brain injury (PDF).