I normally work mon - fri and I believe my contract says i am entitled to 3 days full pay before Statutory Sick Pay.

I left work ill on the weds and was off the thurs and fri before the bank holiday on the monday. I returned to work on the friday after still being ill bank holiday monday, tues, wed & thurs.

My employer says that I should only be paid SSP for the bank holiday as I was ill, but surely I am entitled to normal pay, as everyone else will have received!? I do not work bank holidays and they are in addition to my normal 20 days holiday.

Has anyone any advice or refer me to any websites please, cannot find an answer to this scenario anywhere on gov. websites etc..

Many thanks

D

Ooooo....tricky one. Not entirely black and white, at all. What is your company policy, and what does it say in you contract, about sickness notification? IE do you have to call in each day you are off? Or just notify at the beginning and end?

I normally work mon - fri and I believe my contract says i am entitled to 3 days full pay before Statutory Sick Pay.

Are you sure? It is usual practice to be the reverse of this - only getting full sick pay after 3 days (the idea being to discourage people from "pulling a sickie" and having the odd 1 or 2 days off).

Up to 3 days is normal pay, this is classed as the waiting? period, then after that is SSP - the question being, that should I get normal pay like evryone else for that day or can it be reduced to SSP...? Surely, it is nothing to do with the employer what the situation was on bank hol, I was entitled to be off...? Couldn't have worked if I had wanted to!...?

Cheers for quick replies

D

What is your notification policy then?

Ello Barracad the company i work for pays Full company sick pay from the 1st day of sickness, i also work tues to Sat hence sun and mon are my days off or rest days as the company i work for call it, if i am sick for one week or say fri sat sun mon and return tues, then i will get full sick pay for the days i would of worked under my contract, ie will be paid for fri sat but NOT for sun and mon as not contracted to work them, as the case of the poster of thread, since you work mon to fri then the sickness pay will cover the same period, but as Barracad has said a large % of companys don't pay for the 1st three days. hence you will be paid just 2/5 if you have used your entitlement of company sick pay, then chances are you will just get ssp again only comes into affect after the 3rd day of sickness. Since one of your sickness days fell on a bank holiday then it is classed as a holiday hence day off, but since you were sick, no holiday pay would be payable. and most likly no sick pay if the company you work for operates a 3 day wait period.

Hope you have now got over what kept you from work you might want to contact ur union or try Acas - Home whom can assist more/better.

Not neccessarily no holiday pay would be payable shywazz. Certainly at Tesco(where I noticed you work(ed?)) it WOULD be payable.

I was sent home on the weds morning and they just said keep us informed and let us know when you are coming back, don't have to call everyday.

Thanks

OK in my opinion there are two possible situations:

- It is not classed as a sick day - more likely if you had to have daily notification. In this case you would be paid as normal.

- It is classed as a sick day, as if you had worked. Not entirely out of the question, as many companies will, for example, class a day on holiday if sick as a sick day and "recredit" the holiday day. However, if this were the case, you should receive the sick pay AND in my opinion a day in "lieu" - ie an extra days holiday.

In my opinion, no middle ground.

oh not working there now lol at number 3 in supermarket list Sains.

Nice

Will have to try and explain to them that they are essentially docking my holidays, ie not getting paid as everyone else has done for bank holiday entitlement.. it can only be the days I am scheduled to work that are subject to SSP -

If i had booked some time off and I was ill, just bad luck they fell at same time innit? try and explain the nice tan whilst claiming back as illness eh!?

make sense ?? - my brain hurts! again!!!

D

Is it only a small company you work for?

yes, 2 private owners

if your company usually do not work bank holidays, and pay in full, rather than deduct from your holiday entitlement, then they have to pay the full amount, unless a sick note covering the bank holiday was in force.

I would normally have got paid in full for bank hol, my sick note did essentially cover the bank hol, but does this give them the right to reduce my entitlement??? Again, everyone else has got paid in full for bank hol...

cheers

I'm afraid so, it is a bit of a loop hole, if the sick note covers say 7 days, then you are better off taking the 7 days. if you go back on day 6, or day 6 is a holiday, they can get away with reducing the payment. I am not a solicitor, but until very recently I was a company director, and that is how the rules are written, some are in favour of the employee/worker, others are in favour of the employer, I think they call it swings and round-a-bouts.

Where I work they would have classed the Wednesday as day 1 as you went home sick, so the weds, thurs, fri would be the three days, the BH mon would have been treated as sick pay and we would reclaim a holiday day - have you asked if you can have the days holiday back?

At my firm - i do the wages sheets - if you are sent home from work sick - you will be paid' 'paid medical time' for the rest of the day - then your 1st day of sick starts the next day. if you are on the sick - whether you have run out of company sick pay and on s.s.p only or not, you will be taken off the sick - paid full bank holiday pay for that particular day , then the following day you will revert back to what ever you were getting paid whilst on sick leave. We pay full sick pay from day one as long as you havent run out of your company sick pay and you ring in before 9.30 on the first day of sickness and keep us informed throughout the illness and everyone on the payroll gets full stat.hol.pay.

If you have booked holiday and you fall sick on that holiday - you ring and tell us you are sick and as long as you cover that with a sicknote - (self certification or med note) then you will get paid sickness and get your holiday entitlement back, however if it is a 'premises closed' for holiday period - then you are not entitiled to claim sickness or 'back holidays':)Alot depends on your company and what is and isnt agreed with the unions. Have a look at your employment contract - you should find the answer in there. Im sure there must be some employment law experts somewhere onthese forums....

Thanks all, will have to have a good read of contract, seems every place is different.

D

:-|

Can anyone be kind enough to give me some advice and (truth!). On the 22nd Dec 08, I fell ill with chest infection and I was on holiday; and back in work the next day 23rd Dec 08. My only available appointment, with my GP was on the 23rd Dec 08. On the 23rd Dec, I phoned in sick and said I might come in the next day, Christmas Eve. When my GP examined me, he said I had a very bad chest infection and gave me a sick note of 7 days commencing from the 23rd Dec and this was handed into my employer on that very same day. When I got back in on 31st Dec 08, I got my wage slip and only got SSP of £55.08 and no holiday pay of Cristmas and Boxing Day. I was told I lost this because of not turning up for Christmas Eve. When I told them my sick note should cover that from the 23rd. They tell me I don't get payed for the first 3 days, hence, 23rd, 24th and 25th. Surley by law, this is a public holiday and this should not be affected. One of my work collegue told me I am still entitled for 2 lieu days that is owed to me if I don't get paid. Is this true? What are my rights with this situation? Your advice would be much appriciated.

Hi Sandman and welcome.

You may get more response if you start your own thread and post this in the employment section where the employment bods lurk

Hi poppynurse, thanks for that. As this is my first time using this, how do I go about setting up my own thread? Do I type in employment in the search engine and start a new post? Perhap a little demo will help, sorry for asking.

If you go back to the main threads page and scroll down you will find an employment thread. Go into it and you will see new thread box at the top of the posts

Hi poppynurse, thanks for that. I did that, so hopefully, I'll get some response. It's nice to know someone cares!