Is it correct that an employee can return to work on a phased return and still claim SSP? For example, they return to work Monday to Wednesday and claim SSP for Thursday to Sunday?

Posted in : First Tuesday Q&A NI on 3 July 2012
Arthur Cox
Arthur Cox
Issues covered:

Phased return to work is a common way for employees who have been on long term sick leave to return to the workplace. However, in reality this can present some remuneration issues.

The HM Revenue & Customs rules are as follows:

  1. Where an employee is on a phased return to work, they should be paid in full for the days (or part days) they work.
  2. A person has to be ill for at least 4 or more consecutive days to be entitled to SSP for the days they don't work, known as a Period of Incapacity for Work (PIW). A PIW must be a minimum of 4 days long, but can include Saturdays and Sundays even though these are not work days.
  3. Any day for which SSP is paid will count towards the maximum entitlement

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Back to Q&A's This article is correct at 02/09/2015

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.

Arthur Cox
Arthur Cox

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