Can my job take back my sick pay?

Question

Well, I've recently left my job due to illness, but before then I was off sick for quite some time.

At first I had actual sick notes from my doctor, but after that I didn't. Now I know I got paid whilst I had the sick notes, but I think I have been paid after then too..
As I said, I've now left the job, but I'm worrying that they will ask for the money they paid me back as obviously I had to live off that during the time I was off (and now also), so I was wondering, do they have the right to ask for the money back or since they chose to pay me whilst I didn't have sick notes, do I reserve the right to keep it? (Even though it's already gone on food, rent, bills etc.)

Thanks to anyone who helps me, I'm getting sleepless nights with worrying about going into debt so any help is appreciated =)

Answer 1

You need to submit sick notes to continue to be paid. Your employer should have ceased all pay (including SSP) when your last sick note ran out, but obviously they have made a mistake and continued to pay you. There is a right not to suffer unlawful deductions from your salary, however this law specifically excludes deductions for overpaid wages, therefore the law supports the recovery of overpayments made by mistake. So yes, your employer could ask that you pay this money back.

If this went to court, they would look at whether it was reasonable for you to not notice the overpayment and therefore to have spent the money in good faith. If they decided it wasn't reasonable for you to have noticed this then they could rule that the employer can't claim back the money. However, it is fairly common knowledge that no sick note = no pay, and therefore I think a defence on the grounds that you didn't realise you shouldn't have received that pay would be likely to fail.

The best you can hope for is that your employer won't ask for it back. If they do, you can either refuse to pay it back, in the hope they will drop the matter there. However this may result in them taking you to court. If this occurred you can submit an argument that you didn't realise it was an overpayment and that you have spent the money in good faith - and then hope the court agrees with you. Alternatively you can ask your employer to agree to you paying back the overpayment in installments. In addition, if you have any holiday pay outstanding, they may well deduct this from you to partly cover the overpayment.

Answer 2

If you left your job due to illness then surely you would still be on the sick so you would have had sick notes from the doctor, if your doctor signed you off your employer would know about it because the notes would stop. Why do you think you have been paid too much

Answer 3

The chances are they probably won't ask for the money back, but if there is a period where you were paid sick pay but didn't have a doctors note and they do ask for the money back, just get your doctor to write to your company to tell them you were sick, the doctor might charge a small fee for this but it will be far cheaper than paying any money back

Answer 4

It really depends on the laws of your state and the contract or work agreement you entered into when you took the job, but generally speaking your employer doesn't have a leg to stand on in terms of demanding that you return "lost" wages. If they had a legitimate reason not to pay you for the time you took off they should have never paid you for it in the first place. If your former employer tries to get that money back, check your local Yellow Pages and find a lawyer that gives free initial consultations. They'll be able to tell you whether they can get away with it based on state law and your work contract/agreement.

Answer 5

when you left did you submit a final sick note from the doctor to the company?If you did you have no worries.The company would have to send you a solicitors letter to get the sick pay back,if they were to take that option.I would not worry about it myself,it would be too much trouble and also bad publicity for them.The money they pay as sick pay is claimable anyway in the UK so they will not bother you.

Answer 6

i need a lot more data but as of now, to get their money back, the employer has to sue you.

YOU did not indicate that they lent you money,
only that they PAID you money--as if it were
earnings.

Being sick is very sad--we are all sick at times.

YOU were paid old wages and for sick
leave according to your statement.

I am not sure what you think they may have
paid for "out of the ordinary."

Answer 7

Quit worrying. Each employer can have different rules for what they pay you for sick time, but if they paid you, it's EXTREMELY unlikely that they'd ask for it back.

Answer 8

Once they pay them to you they can't take them back unless you signed some sort of policy saying they could. (Which I believe in most states is illegal because your sick time is time earned.)

-HR Girl

Answer 9

An interesting question. Are you anywhere near a Citizens Advice Bureau? If so, I would phone them, or better still, call in and see them, for advice. Here's their website for assistance -
http://www.citizensadvice.org.uk/