Unveiling Nanny Sick Pay: The 4-Day Payment Delay You Must Know About!

Ever wonder why your beloved nanny looks more concerned about her “nanny sick pay” than your toddler’s latest crayon masterpiece? And nannies, do you ever feel like you need a degree in accounting just to understand your “nanny sick pay”? You’re not alone! The intricacies of “nanny sick pay” can be quite surprising! Did you know that for the initial three days of illness, there’s no provision of “nanny sick pay”? It’s only from the fourth consecutive day of absence due to illness that eligibility for “nanny sick pay” kicks in.

Join us as we unravel the intricate web of “nanny sick pay”, a topic many may not be fully acquainted with. Whether you’re an employer or a nanny, understanding the truth behind the laws governing “nanny sick pay” is crucial. Like any employee, nannies are entitled to Statutory Sick Pay (SSP) when they’re unable to work due to illness. This is a government-mandated benefit that ensures financial support given they meet the eligibility criteria.

Am I Eligible for SSP?

To qualify for Statutory Sick Pay (SSP), you need to meet the following criteria:

Must Be Classified as an Employee

This means you should be officially recognised as an employee by your employer. This includes individuals on fixed-term contracts or those working through an agency. If you’re unsure about your employment status, it’s essential to clarify this with your employer.

Earn at Least the Lower Earnings Limit 

The lower earnings limit (LEL) is the minimum amount you must earn per week to qualify for SSP. For the tax year 2024-2025, this threshold is £123 before tax. If your average weekly earnings fall below this amount, you may not be eligible for SSP.

Have Been Ill for at Least Four Consecutive Days

SSP is payable after you’ve been unable to work due to illness for four consecutive days, which includes weekends or other non-working days. It’s important to note that the first three days of illness are known as ‘waiting days’ and are not paid unless your employer has a different policy.

Inform Your Employer Promptly 

You must inform your employer about your illness within seven days of the first day you’re unable to work. If your employment contract specifies a different timeframe, make sure to adhere to that deadline. This notification ensures that your employer can begin processing your SSP entitlement promptly.

By understanding and adhering to the statutory sick pay law, Filipino nannies and housekeepers in the UK can ensure they receive their entitled benefits while maintaining job security during periods of illness.

When Do I Not Qualify for SSP?

There are specific scenarios where nannies may not be eligible for Statutory Sick Pay (SSP). Here’s what you need to know:

Have Received the Maximum SSP Amount

You cannot receive SSP for more than 28 weeks. If you’ve already reached this limit, you won’t be entitled to further SSP payments, even if you’re still unwell. It’s crucial to keep track of the duration of your sick leave to ensure you’re aware of when you might hit this cap.

Have Taken Three Years or More of ‘Linked Periods’ of Sickness

Linked periods of sickness occur when you have four or more consecutive days of illness within an eight-week period. For instance, if you have a bout of sickness that lasts for five days and then another sickness period of four days within the next seven weeks, these are considered linked. If you have accumulated three years or more of these linked sickness periods, you may not qualify for SSP. This rule is designed to prevent recurring short-term absences from qualifying for SSP repeatedly.

Are Receiving Statutory Maternity Pay

If you are currently receiving Statutory Maternity Pay (SMP), you are not eligible for SSP. The two benefits are mutually exclusive, meaning you can only receive one at a time. If you are on maternity leave, you should check your SMP entitlements and understand that any sickness during this period will not qualify for SSP.

Understanding these exclusions helps you navigate your rights and ensure you receive the appropriate support. If you have any doubts about your situation or need further clarification, it’s always a good idea to speak with your employer or seek advice from a qualified professional.

If I qualify for an SSP, what do I do next? 

If you qualify for Statutory Sick Pay (SSP), the next steps are straightforward. First, inform your employer as soon as possible about your illness. Ideally, you should do this within the timeframe specified in your employment contract. If your contract doesn’t specify a timeframe, make sure to notify your employer within seven days. If your sick leave extends beyond seven days, you’ll need to provide a fit note from a doctor to verify your illness. This documentation is essential for your employer to process your SSP correctly and ensure you receive the support you’re entitled to during your period of illness.

How will my SSP be payed?

Statutory Sick Pay (SSP) will be paid to you on your usual payday, in the same manner as your regular wages, with deductions for tax and National Insurance contributions. It is important to note that SSP is not paid for the first three consecutive days of illness, known as ‘waiting days’; payment for these days is at your employer’s discretion. Starting from the fourth consecutive day of illness, SSP will be paid instead of, or as part of, your normal rate of pay for up to 28 weeks, covering the days you would typically work. To calculate the daily rate of SSP, divide the weekly SSP amount by the number of days you work per week.

What are my entitlements and rights as a nanny? 

As a nanny eligible for Statutory Sick Pay (SSP), you are entitled to receive a weekly payment of £116.75 for the 2024-2025 tax year. Keep in mind that this rate is subject to change, so it’s important to check for the latest updates. You can receive SSP for a maximum of 28 weeks. In terms of your rights and protections, you have job security while on sick leave, meaning you cannot be dismissed or treated unfairly due to your illness. Additionally, some employers may offer more generous contractual sick pay, so it’s worthwhile to review your employment contract for any extra benefits. If your employer denies your SSP and you believe you meet the eligibility criteria, you have the right to appeal to HM Revenue and Customs (HMRC) to ensure you receive the support you’re entitled to.

What are my employer’s responsibilities?

Employers have several key responsibilities when it comes to administering Statutory Sick Pay. They must keep accurate records of SSP payments and any related absences. When a nanny is absent due to sickness, the employer is responsible for administering SSP in place of the usual salary. Since 2015, employers cannot reclaim SSP from the government, so the payment must come directly from the employer’s funds. Additionally, if a nanny experiences a subsequent period of sickness within eight weeks of a previous one (with both periods lasting four or more consecutive days), these are considered linked periods, and SSP is paid for the waiting days. Understanding these responsibilities ensures that employers comply with SSP regulations and provide necessary support to their employees during illness.