What is the difference between osp and ssp

The duration of any occupational sick pay is also a matter of contract, where an employer will often provide full pay for a set number of weeks or months — once an employee qualifies for OSP — which may then be followed by a period of half pay before going onto unpaid leave.

Occupational sick pay differs to SSP in a number of ways, mainly because OSP is a contractual right arising from the employment contract, while SSP is a basic right that is derived from statute.

This means that OSP is a contractual payment that you choose to pay your employees, providing them with an enhanced entitlement to be paid more than the statutory minimum; whereas SSP is a statutory payment that must be paid, as long as the employee meets the eligibility criteria. In the absence of any entitlement to occupational sick pay, an employee may be eligible for SSP where they have been absent from work through illness for 4 or more consecutive days, including non-working days such as weekends or bank holidays.

They must also notify you of their illness within any specified timeframe under the terms of their employment contract, or within 7 days. The entitlement to SSP will only trigger where notice of their sickness is given in accordance with these requirements, although this does not necessarily need to be done by way of any special form.

You will only usually need to start paying SSP from the fourth qualifying day, the first three being unpaid, unless the employee has been off sick and getting SSP within the last 8 weeks. If your employee has had regular periods of sickness, these may count as linked, continuing as one period of sickness. An employee will no longer be entitled to SSP after 28 weeks payments in a row, or for periods of sickness that are 8 weeks or less apart and which are more than 28 weeks in total.

If the period of incapacity continues after the week cut-off point, as the employer you will need to complete Form SSP1 to ensure that the employee is able to make a claim for social security benefits. The completed form will need to be given directly to the employee within 7 days of the SSP ending, or on or before the beginning of the 23rd week. When occupational sick pay comes to an end, in the context of long-term sick leave, an employee may have unused annual leave entitlement that can be taken as paid leave.

Leave will still accrue during any period of sickness absence. Where the employee is no longer eligible for any form of paid leave, they may instead be eligible to claim benefits from the government, such as Universal Credit or Employment and Support Allowance ESA. These could include, for example, a phased return to work, amended duties, altered hours or workplace adaptations. Where you have the necessary resources, it is always advisable to ask an employee on long-term sick leave to undergo an occupational health assessment.

Any written sick pay policy that you have in place may even require an assessment to be carried out after a certain period off sick. Occupational health assessments can help you to understand what an employee needs to aid their recovery and return to work, as well as how best to avoid problems that could cause further health or absence issues.

An assessment can also be used to identify what reasonable adjustments can be made within the workplace for anyone with a long-term physical or mental health condition. For short-term absences, the best way to reduce the impact of sick pay is through absence management. This means taking steps to actively manage sickness levels, such as through the use of return to work interviews.

It can also act as a deterrent against unauthorised absences. DavidsonMorris are experienced employment law and HR specialists offering guidance and support to employers in relation to employee entitlements in areas such as sick pay.

If you have a specific query relating to occupational sick pay, contact us for advice. An employee will be entitled to OSP where the occupational pay scheme has been incorporated into the terms of their employment contract. Whether or not you get full pay on sick leave will depend on the terms of your contract and whether there is an occupational sick pay scheme in place.

How many weeks sick pay you get will depend on any contractual right to occupational sick pay OSP. By submitting, you agree to our Privacy Policy. London Cambridge Aberdeen Manchester Birmingham. Call Immigration Audit. Immigration Training. Right to Work Consultancy. Certificate of Sponsorship.

Sponsor Licence Application. Sponsor Licence Renewal. Sponsor Licence Suspension. Sponsor Licence Revocation. Sponsor Licence Compliance. Skilled Worker Visa. Intra Company Transfer Sponsor Licence. Intra Company Transfer Visa. If sickness is caused by work The same sick pay rules apply if sickness is caused by the workplace.

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 workplace's sickness policy or the employment contract terms and conditions say otherwise.

Print Download. Print close X. Download close X. Email address. Select the statement you most agree with:. I do not understand the information. I cannot find the information I'm looking for. I cannot work out what to do next. This can be as a result of exposure to work hazards or as a result of prolonged work activities. Occupational ill health can also relate to injuries or illnesses not caused, but made worse, by work. These options provide employees with financial support while they are off work due to ill health or disability.

Employers are required to do this either within seven days of the SSP ending or on or before the beginning of the 23rd week. The employer determines the rules for claiming OSP.

Common practice is to allow employees to claim for OSP upon successful completion of their probation period usually three to six months. For employers that choose to provide their staff with OSP, it is strongly advised to have a company sick pay policy in place. A consistent sick pay policy reduces the potential for discrimination claims and puts everyone on an equal footing.

It should also include the process for requesting it. Skip to main content.