Was off for sickness and diarrhea for 5 days. I was off on annual leave the next week, put my sickness note in when I returned and have now been told it was late and now not getting paid for my sickness time. Has anybody got advice on the legal nature of this?

I work in a kitchen and they asked for a sick note because they said the diarrhea went on for two long.

What does your company handbook say about the reporting of illness and when you qualify for sick pay? Why didn't you post it in before you went on holiday?

I never thought to send it. Was never told to send it in to work. Not sure of the rules as they are not online and have still to speak to union. It is the NHS I work for.

I think the manger is doing it because I have an argument with his assistant manager over this. She constantly went back on her word when I talked to her on the phone.

Is the best option for me to request all paperwork they have on this and the decision in writing?

The best option is to get the staff handbook, and talk to your union rep. before having any more arguments Come back and tell us what information you have gleaned.

Hello there.

Emmzzi is the expert, but were you ill before or during your holiday please? If you were ill while you weren't working some companies would offset, but I take Emmzzi's point about reporting before you went away.

My best, HB

You can self certify sickness in any company for 7 days. You shouldn't have needed a sicknote, provided you followed their procedures of reporting your sickness to them (usually a phone call to your manager an hour before your start time is normal). You should get any sick pay entitlement as well providing you followed it. (Whether that is full company sick pay or SSP will say in your handbook).

You can self certify sickness in any company for 7 days. You shouldn't have needed a sicknote, provided you followed their procedures of reporting your sickness to them (usually a phone call to your manager an hour before your start time is normal). You should get any sick pay entitlement as well providing you followed it. (Whether that is full company sick pay or SSP will say in your handbook).

Hi can anybody else back this up? They said I needed a sick note from doctor because the Diarrhea went for an unusually long time (I would dispute that it is not unusual). Can they do this? If anybody could provide a link to information on this would be very much appreciated.

Hello again.

Did you see the doctor whilst you were ill please and did it go on beyond the 5 days before you were on holiday?

HB

7 days for a self cert. If yu have a very poor health record then the employer may ask for a GP note but the GP would charge (non NHS requirement) and you should know about that in advance.

This does not negate the need to check the reporting and sick pay policies. The self cert info is often in the policies.

https://www.gov.uk/taking-sick-leave

Hello again.

 

Did you see the doctor whilst you were ill please and did it go on beyond the 5 days before you were on holiday?

 

HB

What happened was I was ill the week before my annual leave. I was not ill while on annual leave. There was confusion to what I needed and they prevented me from returning on the Monday because I did not have a sick note and what they call a clearance slip to return from work. I saw the doctor on the Tuesday morning that allowed me to return to work that afternoon. The doctor said I did not need a clearance slip to return, on telling them what he said they let me return. Total confusion to what the rules are on their side throughout this.

Totally mental that despite being 10 days clear of the diarrhea they wanted a line from the doctor to return to work!

Hello again.

Totally mental that despite being 10 days clear of the diarrhea they wanted a line from the doctor to return to work!

Was that for hygiene reasons/public safety reasons, do you think?

HB

I would be tempted to write to them and point out that not paying you would be an unlawful deduction from pay and could be actioned at an ET

I would be tempted to write to them and point out that not paying you would be an unlawful deduction from pay and could be actioned at an ET

I'd be tempted to calm down and read the policy first.

Hello again.

 

Totally mental that despite being 10 days clear of the diarrhea they wanted a line from the doctor to return to work!

 

Was that for hygiene reasons/public safety reasons, do you think?

 

HB

Yes but my doctor thought it was mental as well! He said I could pass on his comments. Food standards agency say 48 hours, nothing about mangers should ask for a doctor to look at you first. Can't see how they can insist.

I'd be tempted to calm down and read the policy first.

Don't worry I will not be doing anything without consulting the union first.

All good It does sound like an over reaction from them, but best to check fully first. Very glad you have a union to turn to! Generally they are excellent at sorting these minor but important annyances.

You will be entitled to ssp at the very least. Like emmzzi said its best to know what their policy is and how it fits into your circumstances. For example have they done all they should, but likewise did you fully comply with their policy. I'm sure your union can clear this up and I'm sure that you'll sort it.

I still think you'll find that you were okay self certifying for the first 7 days of your illness so a sick note wasn't needed, unless you didn't follow their self cert procedures, Did you inform them each day that you were off for?

although you can self certify for 7 days if you have a poor sickness record some companies will ask for a certificate before they will pay your salary, as I had a long time off 2 yrs ago I get a certificate if its going over a few days and my gp is happy to give me them without charge. If your certificate was late (and I can see that you should have sent it in before your annual leave started (common sense dosnt have to be written in a handbook) you may find that although you only get ssp this payday you will get the balance next, it depends on the pay run.

although you can self certify for 7 days if you have a poor sickness record some companies will ask for a certificate before they will pay your salary, as I had a long time off 2 yrs ago I get a certificate if its going over a few days and my gp is happy to give me them without charge. If your certificate was late (and I can see that you should have sent it in before your annual leave started (common sense dosnt have to be written in a handbook) you may find that although you only get ssp this payday you will get the balance next, it depends on the pay run.

They never asked me to post it at anytime. I did not see any problem with me handing it in when I returned to work. On my first day back I gave it to my supervisor.

No I am sure they didn't ask you to hand it in they probably thought that with going away you would have automatically sent it, I think there has probably been a bit of a misunderstanding on both sides, but it may well be rectified in your next pay, ask them when it will be sorted.

No I am sure they didn't ask you to hand it in they probably thought that with going away you would have automatically sent it, I think there has probably been a bit of a misunderstanding on both sides, but it may well be rectified in your next pay, ask them when it will be sorted.

They are not paying the 5 days sick I was off for.

Strange? did you get ssp for the 5 days and what does your contract say about sick pay and lastly how long have you been employed?

I have now spoken to union rep and I have to write a letter asking for the policy and reasons for making the decision.

I have spoken to infection control at the same hospital they say you need to be clear of symptoms of diarrhoea for 48 hours to return to work which goes against what i was told by my supervisor!