HR simplified: sick pay, bereavement leave, and time off for unwell children

“My employee’s off sick for the first time since she started, but Statutory Sick Pay is confusing. When should I pay it?”

Don’t pay it from the first day she’s off sick. Before you do anything else, work out if she qualifies for Statutory Sick Pay (SSP).

She must have been ill for four consecutive days (that can include non-working days), done some work for you, and earned at least £116 per week in the eight weeks leading up to her sickness.

So, if she does qualify, remember that SSP is only for her normal workdays and you don’t pay her for the first three working days she takes off sick (they’re called waiting days).

“An employee’s son sadly passed away at the weekend, so I’ve allowed him to take bereavement leave. Do I still pay him his salary?”

No law says you have to pay someone who’s on bereavement leave, but you must check what’s in the contract of employment. If it says you should pay him, then pay him (and vice versa).

But the decision to allow bereavement leave is up to you, as is the decision to pay people while they’re off with it. But that may change.

The Parental Bereavement (Leave and Pay) Bill attempted to secure two weeks’ paid bereavement leave for employees with a child that passes away, but it’s yet to become law.

“It seems like my staff are taking more and more time off to look after their children when they get sick. Is there a law that allows them to do this?”

By law, your employees are allowed to take time off for dependants in an emergency. They don’t have to qualify for the time off and nor is there a time limit on how much time they can take—it depends on the nature of the emergency.

The law says they’re allowed to take a ‘reasonable’ amount of time off to take necessary action due to the emergency, so spending three months at home looking after a child who has a cold is obviously unreasonable.

If your staff need more time to care for their children, they can take unpaid parental leave. However, they must give you 21 days’ notice. Unpaid parental leave suits situations where parents can predict an illness, such as for an operation.

Employers Direct’s team of qualified legal experts are here to solve your staff management problems. Call free and in confidence today on 0800 144 4050

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