issues with my employers

[popeye1]

I am paid if i am off sick ,recently i had a day off with an upset stomach [ not achol related ] and have been stopped a days pay.I have a good sickness record, so i am just wondering why they have stopped the days pay,the only thing i can think of they did not get my sick notice that i sent to the local office.Without this notice can they stop my pay .Many thanks

[sassiersara]

hi there

 

while im no expert on such matters i do know that my company only pay after the 4th day off sick. i think it may differ from company to company, does it not say so on your contract of employment ?

 

sara

[popeye1]

Hi and Yes,we are paid from 1st day .

[MrShed]

Well the obvious question is what reason have they given?

 

Most employers have an exclusion from this where if they believe that the sickness was due to your negligence in some respect, they do not pay sick pay. I can only assume that it is on this basis they have done it. Alternatively, they may have felt that you did not fully comply with the sickness procedure.

 

You will get nowhere without finding out from them why they havent paid it...

[elche]

Hi and Yes,we are paid from 1st day .

 

Therefore, this is a contractual sick pay scheme and not SSP as to qualify for SSP you must be:

 

Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.

 

Thus, as Mr Shed states you need to ask your Co., 'why on this occasion, they have chosen to refuse contractual sick pay?'

[popeye1]

Thank you all for your replys, 1st thing Monday i will ask why.I just wondered if they say it is because they did not receive the sick note they are within there rights to stop me pay,many thanks again.

[MrShed]

It could be a simple case of admin error - certainly not unheard of!

 

Let us know when you know the reason

[popeye1]

Phoned today and told to send in a sick note and shoild get my days pay back,thanks for all your posts ,i think i jumped the gun a bit as i have had problems with this lot in the past,thanks again

[popeye1]

Can sick days in a week effect the overtime hour rate in same week

Say 8 hours paid for a sick day The o/t rate only normal rate as only 32 hours worked in the 40 hour week

[elche]

I'm sorry , it is not clear to me exactly what you are asking.

 

Are you saying that you were sick for example part of a week, then worked part of a week for which OT is usually paid (e.g. weekend), and you want to know if the OT rate could apply to the part week worked?

 

If the above is correct, then you need to post the precise wording of the OT clause in your contract.

 

Could you please re-post your question in a clearer format?

 

Che

[popeye1]

Sorry will try again .Done some o/t first part of the week and then was ill later part of week.Was told o/t rate would be at normal rate because 40 hours has to be worked first.The 8 hours paid for illness made only 32 hours worked.

[elche]

Sorry will try again .Done some o/t first part of the week and then was ill later part of week.Was told o/t rate would be at normal rate because 40 hours has to be worked first.The 8 hours paid for illness made only 32 hours worked.

 

This is as I thought.

 

OT is purely a contractual issue. There is nothing in law (unless your industry is subject to collective agreements), that says you must get a premium after X hours worked.

 

Thus to answer your question, "...you need to post the precise wording of the OT clause in your contract."

 

Che

[popeye1]

Thanks will get c/tract and check wording

[popeye1]

Here we go ,,When part of the week has been taken as sick leave ,overtime will be paid at basic rate only untill the basic hours have been worked [ normally 40 hours],,,

The o/t i did was the previous week end [ our week is from sat to fri ],i feel that the basic hours would be the normal week ,mon to friday.

Any advice wellcome,cheers

[popeye1]

,,When part of the week has been taken as sick leave ,overtime will be paid at basic rate only untill the basic hours have been worked [ normally 40 hours],,,

Hours of work

The normal working week shall consist of 40hours to be worked in five days Monday to Friday,8.00am to 5.00 pmwith an hour for lunch

[Guest Old_andrew2018]

Imho you needed to work those extra 8 hrs before you move into paid overtime, sorry!

 

andy

[poppynurse]

I concur.

[popeye1]

Thanks for cmments

But,,When part of the week has been taken as sick leave,,

The normal working week is between Mon and Friday

[poppynurse]

But you say your week runs Sat-Fri, therefore the O/T came in the same week as sickness. If I was your employer I would not be paying O/T rate for this. A manipulative employee could take advantage if I did - say he worked Sat O/T every week and then took a day off sick in the week, he works no more hours than someone working mon-fri so why should he benefit? Some employers would go further and ban O/T for employees who have more than x sickness.

[popeye1]

I am penalised by beeing sick ,cant be fair.Whilst i was off sick i was still answering problems over the phone [ had hurt my leg and still am having treatment] A manipulative employee taking advantage would be soon sussed.

The t/sheet is from sat to friday,but the wording above is about basic hours between mon to friday.

Overtime is requested by your employer and is only now and then, not every week.I can see what everyone is saying but i am hoping the wording is in my favour,if you are off sick it is something you do not plan and why should you lose money over it .I do accept if it a basic week [mon to friday] it would mean a little lose but i have lost a lot because of the weekend work.

[popeye1]

What is the min holiday a company has to give an employee ,thanks

[ErikaPNP]

It depends on the hours you work. If you are not full time, it will be worked out pro rata.

[elche]

From April 2009 a FT employee (5 days a week) is entitled to 5.6 weeks (28 days) holiday per year, and this can include Bank Holidays.

 

This can be pro-rata for a PT employee, and can differ slightly this year depending on when the comany's holiday year runs from and to.

 

Che

[popeye1]

Thank you all

[Guest Old_andrew2018]

its simply how it is, you need to work 40hrs before you accrue overtime payments.