If we receive an employee’s doctor’s certificate late, can we withhold payment of SSP?

Posted in : First Tuesday Q&A NI on 3 August 2010
Emma-Jane Flannery
Arthur Cox

No, SSP cannot be withheld for late receipt of medical evidence. If an employee satisfies all the usual conditions to receive SSP and you have no reason to doubt their illness, SSP can be paid without medical evidence. Bear in mind that employees often have trouble getting appointments within the 7 day period, or their sickness may have unexpectedly continued or returned.

You can, however, withhold payment of SSP for late notification by an employee of their sickness absence. I am not sure how your Company rules on sick notification sit with the statutory default rules - i.e. that an employee

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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