Sick pay FAQs
Is there a legal entitlement to sick pay?
There is no legal requirement in Jersey for employers to pay sick pay in addition to that received by the employee from the Social Security Department. Under the Employment Law 2003 the written statement of main terms of employment must indicate whether or not there is any provision for sick pay to be paid by the employer.
Are there any regulations regarding notification of absence?
There are no specific regulations in Jersey although it is sensible for companies to have their own rules about notification. These could include the method, timing and frequency of contact required, the person to notify, where to send in medical certificates and also what is likely to happen if these rules are not complied with.
Employers may have their own rules that require self-certification for all sickness absence and this may well be appropriate where there is a company sick pay scheme. Some employers require medical certificates for all sickness absence but this is likely to be costly for employees, as doctors will charge for this service.
Where can you get more information on social security sick pay?
Information can be obtained from the Social Security Department, PO Box 55, Philip Le Feuvre House, La Motte Street, St. Helier, JE4 8PE.
What is contractual sick pay?
Many employers offer entitlements above the statutory sick pay to employees. There are many potential schemes involving differing levels and length of payments. Details of any sick pay scheme should be notified to employees in their written statement of terms of employment.
What information should employers provide about sick pay schemes?
Employers should set out entitlements to company sick pay, if any, in the written statement of terms of employment and make clear whether sick pay is contractual or discretionary. Alternatively this information can be set out in a standard document that is readily available to employees. Details should include levels of payment, for how long payments will last, any qualifying conditions such as length of service, any re-qualifying conditions once entitlement is exhausted, the relationship between sickness and holidays.
It is sensible also for employers to state company policy on medical examinations and other health related issues such as alcohol and drugs policies in company documentation.