When an employee is off sick during their notice period, their sick pay entitlement will be different depending on their contractual notice period?
This is an area of legislation that is strange and can cause confusion for employers trying to work out what an employee is entitled to.
The statutory minimum notice period is one week for every continuous year of service up to a maximum of 12 weeks. However, an employee’s contractual period may be longer.
When an employee off sick, what notice they are entitled to will depend on whether their contractual entitlement is more or equal to the statutory minimum notice. It will also depend on whether the employee is entitled to contractual sick pay or has exhausted their sick pay. If they are entitled to contractual sick pay they will still be entitled to this during their notice period.
If an employee’s contractual notice entitlement is less than a week longer than the statutory minimum then they are entitled to one week’s full pay if they are off sick during their notice period. During the remaining weeks they will only be entitled be paid for the reason they are off i.e. SSP (if contractual sick pay is exhausted).
If the notice period is more than a week longer than the statutory minimum the employee will only be paid for the reason they are off.
In a Judgment dated 3 May 2022 a Tribunal found that a man had been...
An urgent care and its owner have agreed to pay the United States $20 million to resolve false claims billing. Heal 360 Urgent Care PLLC, Heal 360 Primary Care PLLC and its owner, Dr. Moh...