If someone is off sick they might have a right to sick pay. Both physical and mental health problems can count as sickness.
Check the contract
A worker's contract should say:
- how much sick pay is
- how long sick pay can last
- any rules the employer has for using sick pay
If a worker is eligible for statutory sick pay (SSP), their employer must pay that as a minimum.
It might be written in the contract that workers get more than statutory sick pay. This can be called 'company', 'contractual' or 'occupational' sick pay.
Discretionary sick pay
Employers can have a company sick pay policy that is discretionary. This means the employer offers better pay for some sickness circumstances, but not for others.
If company sick pay is discretionary, the employer must say this in their written statements or employment contracts.
Employers must make sure a discretionary policy:
- does not discriminate because of a protected characteristic, for example if a worker is disabled
- treats part-time workers the same as equivalent full-time employees
Find out more about:
If there's nothing in writing
If there's nothing in writing about sick pay, a worker can:
- ask their manager what the sick pay policy is
- speak to HR, if there is one
- talk to a trade union representative, if they are a member of a trade union
If sickness is caused by work
The same sick pay rules apply if sickness is caused by someone's work. For example, a worker 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 organisation's sickness policy or the employment contract terms and conditions say otherwise. So it's a good idea to check.