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sassiersara

sickness and holiday pay

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hi there

 

i was off sick after major surgery last sept to jan 9th of this year.

i have just recieved my pay slip and have not been paid for christmas week and the week from 9th to 13th ( our pay date is 15th to 15th of each month.

 

i have recieved what looks like 4 weeks sick pay. there is nothing in my contract of employment regarding holiday pay during sick time.

 

my pay slip is not very informative so im not really sure what i have been paid for.

 

im back at work tomorrow and was wondering what my course of action might be. obviously im well short of money now and if my memory serves me rightly i will more than likely have to wait until next month for the rest of money they owe me. would this be correct or do they have to pay me asap?

 

any help would be greatly appreciated

 

sara

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Hi Sara

Glad you're recovering from your surgery.

Statutory sick pay (SSP) as opposed to occupational sick pay (which is essentially the same as normal pay, is paid when a period of incapacity for work (PIW) has been formed which means you must be sick for 4 days in a row. You then have 3 waiting days (WD) and receive SSP on the fourth day.

So if for example you work Monday to Friday and you were off sick from Monday to Friday a PIW would have been formed, the WD would be Monday, Tuesday and Wednesday and you would receive 2/5ths of the weekly sick pay (which is about £80 odd pound a week so 2/5ths would be approx. £32) if you were still sick the following week you'd get full SSP (£80) and so on until you return to work. SSP is paid for 28 weeks . However, if there is a previous linking period for SSP (SSP paid in the last 56 weeks) then you will only receive the unused balance of the 28 weeks..... Hope that all makes sense.

Regarding the annual leave, google Stringer v HMRC which gives information about the accrual of annual leave during a period of sick.

Kind regards

Gbarbm


Gbarbm

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Do you have an occupational sick pay scheme or just SSP?


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Do you have an occupational sick pay scheme or just SSP?

 

Sidewnder, I have only heard of company full pay or SSP, what is occupational sick pay??

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Sorry - same thing as company or contractual sick pay.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Does your workplace close over the Christmas week?

If so, do you usually have to formally book the Christmas week as holiday or are you just expected to save enough of your holiday entitlement to cover it?

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It sounds as though you may only be entitled to SSP for the time you had off sick. Anything over and above this would be contractual. In the absence of a contract, you'd have to prove entitlement to sick pay through custom and practice, showing for example that other employees received full pay. You should also check your staff handbook, if one exists!

 

Otherwise, they may have paid you correctly and it's unlikely you'll receive any extra in your next pay packet.

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