Are agency workers entitled to sick pay?

Agency workers who pay Class 1 National Insurance contributions are entitled to Statutory Sick Pay (SSP) in the same way as other employees. Entitlement will depend on whether you are working on an assignment at the time you fall sick. If you are, then you may be entitled to SSP until the end of your current assignment. If you are not working when you fall sick however, you will not be entitled to SSP.

To be entitled to statutory sick pay, you must cross several hurdles, in particular:

• Your normal weekly earnings must exceed £82 a week. If your pay varies, your entitlement depends on your average pay over the last 8 weeks
• You must be absent from work due to illness for at least four consecutive days.

If you qualify for SSP, it is normally paid in the same way as your wages. It is paid at a flat rate (currently £75.40 a week) and can be paid for up to 28 weeks, if your sickness lasts that long. It is not paid for the first 3 days that you are on sick leave, these are called 'waiting days'.