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bigduckontax
bigduckontax, Accountant
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What SSP does an employer have to pay an employee who is on

Customer Question

What SSP does an employer have to pay an employee who is on amended hours due to a phased return to work?
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I am Keith, one of the experts on Just Answer, and happy to help you with your question.
Here is the general guide from the Gov UK web site:
'If you agree a phased return to work or altered hours after a period of sickness, pay SSP for the days that your employee is sick in the normal way. Any day for which SSP is paid will count towards the maximum entitlement of 28 weeks. Your employee’s absence must form a PIW [Period of Incapacity for Work ie 3 days] before SSP is paid.'
Simple, as the Mercat in the TV advert would say! If the employee works, for example, a three day week they would be paid for three days by the employer and receive 2 days SSP and so on. Chapter and verse can be found here:
https://www.gov.uk/statutory-sick-pay-employee-fitness-to-work
I do hope that I have been able to shed some light on the position.
Customer: replied 2 years ago.

Hi Keith,

Thanks for your response which agrees with the Acas interpretation. I did eventually after 35 minutes get through to the Employee's SSP Help[line who gave me conflicting advice regarding PIWs and 4 days clear S/L.

The individual attends work by agreement for 4 hours per day if she feels able.

Expert:  bigduckontax replied 2 years ago.

Well it seems that she is entitled to some SSP pro rata. You don't pay SSP for the first 3 days as you probably know and an employee cannot accumulate more than 28 weeks SSP. If she would normally work 8 hours a day according to her contract of employment and she works 4 then she would get half and half wages and SSP. Obviously you will have to juggle the payments to meet the realities of her attendance at the work place.

It is clear that the legislation supports phased returns to work as a means of building up worker overall health.

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Expert:  bigduckontax replied 2 years ago.
Thank you for your support.
Customer: replied 2 years ago.
I have had no joy with the Employer who refuses to budge from the view that "If the employee works for any time at all they lose the right to SSP for that day". Also there has to be a clear 4 days forming a PIW (including weekends) to qualify for SSP. So if the employee works Monday, Wednesday and Friday for 4 hours on each day they will be paid for 12 hours at their pay rate and loose all entitlement to SSP. This is also the advice given by HMRC SP disputes Team who suggested that the employee work for 4 hours on 3 consecutive days to qualify for SSP for the 2 other days.
Expert:  bigduckontax replied 2 years ago.
I am sorry to hear that, the best alternative is to proceed as suggested by the Disputes Team, but your customer may well not be up to it.