Hi Sharon

I quote from HM Government SSP guidance on the matter:

"No contract outside of term-times

A term-time worker who becomes sick outside of their contract, for example during school holidays, is not entitled to SSP, as they are not an employee during those weeks."

You might ask then, what happens with the PIW - surely if they're still sick at the start of the next term, they don't have to start a fresh PIW? - apparently not, according to further similar guidance - the same PIW continues in these circumstances.

IMHO the whole concept and application of term time only pay is an iniquitous and illogical and anachronistic nonsense for which there is neither justification nor logic.

However, we are where we are I suppose, and as regards contractual sick pay there is more leeway because it's not statutory but it would seem sensible in the absence of express or implied contractual terms that say otherwise to mirror what you do with the SSP and in effect suspend things for the duration of the school holidays. But, one might ask, aren't a proprtion of the school holidays in effect / nominally paid as whatever statutory + contractual holidays apply to the particular variety of term time only employee? ....... not entirely sure, but perhaps that's just confusing this issue with facts ( although in different contexts eg calculating intakes holiday entitlements for whatever reasons you have to confront it.)

In reply to David:

( Predictive text sneaks in uninvited again in penultimate line above - intakes = untaken of course )

In reply to David:

Hi David, thank you for feeding back. You have actually made me feel that I have some justification for being confused which helps me to realise that it so helps to check out these things out.
Our school holidays are paid into the employee's salary so I guess some of the time they are taking during the school holidays they are being paid for.

So this leads me to my other query about Saturdays and Sundays - non working/paid days. If I have an employee who is sick from Wednesday to Wednesday do I reduce their sickness entitlement by 8 days (to include the non paid days at the weekend) or by 6.
It seems unfair that employees are having their sickness pay reduced for non-working days?

Perhaps I have got myself in a bit of a pickle about this but some clarity would be really helpful. Thanks again David

In reply to Sharon :

Hi Sharon

Sure it's usual similarly to reflect what happens with SSP - if it's a Saturday or Sunday and the normal working pattern is Mondays to Fridays, don't include it for any payment etc purposes.

In reply to David:

...or, put another way, if eg their t and c say that they get eg up to two weeks full sick pay, count this as ten working days / two *working* weeks