If someone is off work sick they might have a right to sick pay. Both physical and mental health issues can count as sickness.
1. Check your contract
Your contract should say:
- how much sick pay is paid
- how long sick pay can last
- any rules the employer has for using sick pay
An employer cannot pay less than Statutory Sick Pay (SSP). If an employer pays more than SSP it’s known as ‘company’, ‘contractual’ or ‘occupational’ sick pay.
If there’s nothing in writing
Statutory Sick Pay (SSP) is the minimum amount employers must pay. It’s a good idea to check your workplace’s policy to see if your workplace pays more than SSP.
If sickness is caused by work
The same sick pay rules apply if sickness is caused by the workplace. For example, an employee is not entitled to extra sick pay if they get:
- an injury through an accident or negligence at work
- a mental health condition caused by stress at work
This is unless your workplace’s sickness policy or the employment contract terms and conditions say otherwise. So it’s a good idea to check.