I am currently on sick leave from work with stress. I have provided my employer with the relevant doctors note which tells me to refrain from work for 2 weeks. This is the second 2 week note that I have handed in. The note runs out this Thusday.
During this period I have been paid full sick pay by my employer. However, I received a telephone call from my manager earlier today to tell me that this Thusday will be the end of my sick pay entitlement (1 month) and I will only be paid SSP from that point until my return to work.
I dont have a contract as it is only a small company. Is it right that he can stop my sick pay and put me on SSP or am i entitled to full pay for a longer period ?
I cannot affor dto be off work only receiving SSP and feel that it is forcing me back to work.
2007-02-27 03:06:30 · 12 answers · asked by dave j 2 in Business & Finance ➔ Careers & Employment
This was actually a bit of a trick question. One of my colleagues has recently been through the situation above although she is known for her dislike of work. She returned to work after being told she would be placed on SSP. Now however she appears to be looking to go on the sick again. This time however she is getting a bit nasty and claiming she is entitled to 13weeks sick pay - where she gets this from I dont know, I think its from friends / parents / spouse. I worry for my employer as I feel that not having contracts may cause problems. He's a wonderful but elderley man who is always very fair and kind to his staff. I think this young lady may try to take advantage though. If anyone could offer hard facts to help my employer with this matter I would really appreciate it. Thankyou for all your answers
2007-02-27 03:48:13 · update #1
I do have a contract and I only get 7 days sick before SSP. It's within their rights I'm afraid.
2007-02-27 03:10:32 · answer #1 · answered by flyingconfused 5 · 0⤊ 0⤋
I'm sorry but your employer is quite within their rights to do this, they have no legal obligation to continue to pay you at your normal rate of pay.
Most small employers only pay SSP from the start - its at the discretion of the company.
Although your employer should of provided you with a written contract with the first two weeks of your employment by law.
I run my own business and we employ 7 people - when my staff are off sick we will pay full pay if the company can afford to at the time but if not then they only get SSP, but this is stated in their contract of employment.
2007-02-27 03:18:16 · answer #2 · answered by luz2loz 3 · 0⤊ 0⤋
As stated on the Government website:
"If you take time off from work due to illness, your pay depends on the terms of your contract of employment. These terms may be in writing, verbally agreed with your employer, implied by 'custom and practice' or a mixture of all three.
If your employer runs their own sick pay scheme you should be paid what you are due under that. If you aren't entitled to anything under a company scheme, your employer should still pay you Statutory Sick Pay (SSP) if you're eligible."
Has anyone else been paid for similar periods or longer? If they have then you are entitled to get the same as they have set a precedent but in general I think you are screwed. Sorry
2007-02-27 03:11:29 · answer #3 · answered by Kenny W 2 · 0⤊ 0⤋
Hi,
SSP can be paid for 28 weeks & then you can apply for Incapacity benefit.
It depends on your living circumstances ( i.e. if you are single, have children ect) as to whether you would be entitled to income support, council tax & housing benefit.
It is down to a contract if an employer will pay anything over SSP..
Hope this helps.
2007-02-27 03:44:48 · answer #4 · answered by Wonderwoman 2 · 0⤊ 0⤋
Yes, your employer is fully within his rights. If you do not have a contract, you have been lucky to get 1 month's sick pay. many companies wouldonly pay 1 week sick pay before putting you on SSP, if you don't have a contract that specifies a longer period.
The Government view is why should your company continue to pay you if you are not working?
2007-02-27 03:14:15 · answer #5 · answered by ICH 4 · 0⤊ 0⤋
You are lucky to get a month's pay! In fact, lucky isn't the right word - that is a fantastic benefit! I know alot of unionized people who don't get that. The company I am with gives us 7 workdays.
Instead of wasting time trying to take money out of your small company's wallet for work you are not doing, concentrate on getting back to work! It sounds like if you don't get better soon, you will be REALLY stressed out when the bill collectors start to call.
As for "forcing" you to work for your paycheck, you are lucky he or she hasn't replaced you. It surprising that a small company can function without an employee for a month. Here's a thought for you to ponder: How many more days do you have to be out before they realize that they don't need you??
2007-02-27 03:29:49 · answer #6 · answered by Chef dad 3 · 0⤊ 0⤋
Employers are not obliged to pay sick pay. They are however legally obliged to issue a contract of employment within 13 weeks of the employment commencing...so it may be that your employer is breaking the law.
Being a small employer is no excuse for being a bad one.
2007-02-27 03:14:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you are lucky that youve had a months pay. most companys only pay ssp unless you are on salary. your employer has every right to stop your pay and revert to ssp.
2007-02-27 03:14:34 · answer #8 · answered by cookie 3 · 0⤊ 0⤋
Go to your local Citizens advice Bureau, They will be able to provid eyou with all the latest information.
Have a look for your nearest office. Also check out this link.
http://www.adviceguide.org.uk/index/life/benefits/benefits_for_people_who_are_sick_or_disabled.htm
2007-02-27 03:11:36 · answer #9 · answered by king_badger 3 · 0⤊ 0⤋
you should be lucky you are getting paid when you are not working. i don't know why that have to pay you at all, you could be just using your vacation time. sorry you're so stressed, that sucks, but maybe it's your job
2007-02-27 03:14:36 · answer #10 · answered by Jen 4 · 1⤊ 0⤋