At 63, His Sick-Pay Checks Kept Coming. After Six Months, Social Security Tax Stopped.

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By Gerelyn Terzo Published

Quick Read

  • Employer-funded sick pay stops being subject to Social Security and Medicare taxes after the sixth calendar month following the last month an employee worked.

  • Once Social Security tax stops on sick pay, those payments no longer build the worker's earnings record, potentially preventing a weak year from being replaced.

  • Even a single day back at work resets the six-month clock, potentially making previously exempt sick-pay checks subject to payroll taxes again.

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At 63, His Sick-Pay Checks Kept Coming. After Six Months, Social Security Tax Stopped.

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A 63-year-old has been out of work since a health event earlier in the year. His employer-funded sick-pay checks arrive on schedule, with the same gross amount and the same direct-deposit day. Then one lands with something missing. The Social Security and Medicare deductions have disappeared, leaving him with a slightly larger deposit. His first thought is that payroll made an error. Payroll did not.

Versions of this scenario surface frequently in employee forums, usually with two pay stubs posted side by side. The rule is easy to miss because the check never announces that its legal character has changed. The money keeps coming. Social Security stops treating it as wages.

The Six-Calendar-Month Clock

Employer-funded sick pay is generally subject to Social Security and Medicare taxes through the end of the sixth calendar month after the last calendar month in which the employee performed any work. After that, Social Security, Medicare, and federal unemployment taxes generally stop applying to the sick pay. Federal income tax can still apply, so the payment has not become tax-free. Only its payroll-tax treatment has changed.

The count follows calendar months, not pay periods or 30-day intervals. If January was the last month the employee worked, February through July make up the six-month period. Sick pay received after July is generally exempt from Social Security and Medicare taxes. There is another wrinkle. Sick pay attributable to the employee’s own after-tax contributions may have been exempt from payroll taxes from the beginning. That is why the plan’s funding arrangement matters along with the calendar.

What Disappears With the Tax

Once Social Security tax stops, those payments no longer enter the worker’s Social Security earnings record. The sick pay still supports the household and remains taxable income, but it does not help calculate the future retirement benefit. Social Security generally uses a worker’s 35 highest years of indexed earnings. At 63, another strong year might have replaced an apprenticeship year, a career gap, or a stretch of lower pay. If months of sick pay fall outside covered wages, they cannot make that replacement.

The effect may be modest for someone who already has 35 strong years. It can matter more for a worker whose record contains zeros or lower-earning years from unemployment, caregiving, or sporadic self-employment.

The Same Rule Can Protect a Current Benefit

The exclusion cuts in the other direction for someone already collecting Social Security before full retirement age. Sick pay received more than six months after the month last worked generally does not count under the retirement earnings test. That means the later checks stop building the future earnings record, but they also generally stop threatening the Social Security benefits arriving now. The same payment can be taxable income, excluded from the earnings test, and absent from the earnings record. Three systems are looking at one check and asking different questions.

One Day Back Can Restart the Clock

A brief return can change the count. If an employee attempts a phased return and works even one day, the six-month clock restarts after that new last month worked. Sick-pay checks that had escaped payroll taxes could become subject to them again. That should not drive a medical decision, but it is worth understanding before a return date is set. Even a short-lived attempt can change how later sick-pay checks are reported.

What to Think Through While the Leave Continues

Before the payroll lines change, three details are worth pinning down:

  1. Ask payroll for the last calendar month recorded as actual work and the month when Social Security and Medicare withholding will stop.
  2. Confirm whether the sick-pay plan was funded by the employer, employee after-tax contributions, or a combination of both.
  3. Review the next Social Security earnings statement against the W-2, especially if this year might otherwise have replaced a weaker year in the top-35 calculation.

The check did not stop when the work did. Six months later, Social Security finally treated the two as separate things.

Contact [email protected] for any questions or corrections.

Photo of Gerelyn Terzo
About the Author Gerelyn Terzo →

Gerelyn Terzo is the author of dividend investing handbook "Dividend Investing Strategies: How to Have Your Cake & Eat It Too." A veteran financial journalist, she covers agri-finance for outlets like Global AgInvesting and the broader stock market and personal finance for 24/7 Wall Street. She began at CNBC and later helped launch Fox Business in New York. Gerelyn currently resides in Woodland Park, Colorado and dabbles in nature photography as a hobby.

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