Can I refrain from paying wages when she is off sick (with a doctor’s note)?
This is an issue, for which statute laws and contractual terms have to be considered. An employee is always entitled to the better of the terms whether that is under statute or contract. Statutory Sick Pay (SSP) must be paid if an employee qualifies. Qualifying periods are four calendar day’s absence or more, for up to 28 weeks in any single or linked period of sickness. They must be 16 to 65 years of age, however these limits will disappear from 1st October 2006; they must not have exceeded the 28 weeks’ limit with a previous employer; and they must earn over the Lower Earnings Limit, which is currently £84 per week. There are also other rules including factors such as being in prison, pregnant employees and severe disablement allowance. As you mention a doctor’s sick note then I assume she has been off more than seven days, as one is not required for absences of less than that. She would therefore be entitled to SSP at the current rate of £70.05 per week from the fourth day of absenc
