Sick pay entitlement - Sick pay (2024)

Sick pay entitlement

If someone is off sick they might have a right to sick pay. Both physical and mental health issues can count as sickness.

Check the contract

An employee'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 an employee is eligible for statutory sick pay (SSP), their employer must pay that as a minimum.

It might be written in the contract that employees 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 circ*mstances, but not for others.

If company sick pay is discretionary, the employer must say this in their employees' written statements or employment contracts.

Employers must make sure a discretionary policy:

  • does not discriminateagainst employees because of a protected characteristic, for example if they are disabled
  • treats part-time employees 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, an employee 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, 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 organisation's sickness policy or the employment contract terms and conditions say otherwise. So it's a good idea to check.

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Sick pay entitlement - Sick pay (2024)

FAQs

Sick pay entitlement - Sick pay? ›

Sick Leave Requirements

Are sick days and PTO the same? ›

How Are PTO and Sick Time Different? The key difference when looking at sick time vs PTO, is that, for sick time, you must be ill or caring for someone who is, whereas, for PTO, you can take time off for any reason. Sometimes, employees may use PTO days for sick time, but the two are generally kept separate.

How many sick days do you get in California? ›

Under a new law, employees in California are guaranteed five paid sick days a year, two days more than previously.

Do you get paid for unused sick days in New York? ›

Unused Safe and Sick Leave

However, you are only required to let an employee use up to 40 (or 56) hours of safe and sick leave per Calendar Year. You can choose—but are not required—to pay an employee for unused safe and sick leave at the end of the Calendar Year.

What is the new Oregon sick leave law? ›

Oregon's new Paid Leave law, formally referred to as Paid Leave Oregon, provides employees throughout the state in companies of any size with up to 12 weeks of paid time off. The time off is paid for by a newly created state-paid leave fund rather than the employer.

Do you get paid for unused sick days in California? ›

Workers are entitled to carry forward unused paid sick time, but employers aren't required to allow use of more than 40 hours (or five days) of paid sick time per year. Carry forward is not required if the full amount of paid sick time (40 hours, or five days) is provided at the beginning of each year.

How many sick days are there in a year? ›

How Many Sick Leave Days Can an Employee Take? Employers generally offer one to five days of paid sick leave per year, adapting the policy to align with job demands and industry norms, which may extend up to 10 days for more physically demanding roles.

What are the rules for sick pay in California? ›

The employer must provide at least 40 hours or five days of paid sick leave per year and the full amount of this leave must be available for the employee's use from the beginning of each year of employment, calendar year, or 12-month period.

What is the new sick pay law in California 2024? ›

Starting January 1, 2024, California employers will have to either “front-load” employees with 40 hours of sick time annually or let employees accrue up to 80 hours (with a 40-hour yearly usage cap).

How does sick pay work in California? ›

Employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work. Supplemental Paid Sick Leave (SPSL) for COVID-19 was a law in 2021 and 2022 that required employers to provide additional paid time off for certain COVID-19 reasons. The law expired on December 31, 2022.

How do you get sick pay? ›

Fit notes. An employer might ask their employee for a fit note before they'll pay statutory sick pay. A fit note is sometimes called a 'sick note'. It is a statement from a registered healthcare professional giving their medical opinion on a person's fitness for work.

How to calculate sick leave? ›

The yearly entitlement is based on an employee's ordinary hours of work and is 10 days for full-time employees, and pro-rata for part-time employees. This can be calculated as 1/26 of an employee's ordinary hours of work in a year.

How many times can you call in sick before you get fired? ›

Generally, an employer cannot fire you for calling in sick. If you have experienced a change in your employment after calling in sick or taking a medical leave, it is important to seek advice from an attorney immediately. It is crucial to understand your employment contract and your employment rights.

Do employers have to pay sick leave in Oregon? ›

You get at least 1 hour of sick time for every 30 hours you work. If your employer has 10 or more employees anyhere in Oregon (6 or more anywhere in Oregon if they also have a location in Portland), they must provide paid sick time. If they don't have that many employees, sick time is still protected but not paid.

Is PTO and sick time the same in Oregon? ›

For employees who accrue PTO, the first 40 hours of time coded to PTO in a calendar year will be considered Oregon Sick Time even if it was used for a purpose other than sick leave.

How many sick days do you get a year in Oregon? ›

You earn 1 hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year. If your workplace has 10 or more workers (or 6 or more workers if you work in Portland), that time must be paid.

What is the average PTO and sick time in the US? ›

The US Bureau of Labor Statistics reports that civilian and private industry employees typically get: 11 days per year after 1 year of service, 15 days per year after 5 years of service, 18 days per year after 18 years of service, and.

What is the difference between vacation days and PTO? ›

The essential difference between the two is that PTO covers any paid time away from work where the employee is not working; in contrast, vacation time refers to paid time off that's taken for the employee to take a break with or without their family. It's generally requested (and approved) in advance.

How do I transition from vacation and sick time to PTO? ›

If you decide to change to a PTO program, the transition should include all accrued vacation for each employee. Accrued sick leave generally does not need to be transferred because it is not viewed as wages earned.

Can I use PTO for sick days Walmart? ›

Use Protected PTO when you have an unplanned absence, like if you're out sick or need to care for family. PPTO gives you absence protection which means that the absence will not go on your attendance record.

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