Sick pay - is this right?

[Adayinthelife]

Hi,

I work for the local council, and I had a month and a half off in September/October last year due to my best friend committing suicide (I was depressed, had panic attacks etc).

I then discovered I was pregnant in November. It's not been an easy pregnancy at all, and I was signed off work at the end of February and I'm now waiting for hospital treatment next week (in relation to the pregnancy) which will hopefully make me feel better in the next few weeks.

When I was off last year, I got full pay. I read my contract in February when I was signed off, and it says that as I was in my second year of service (as of April I'm now in my third year of service) that I am entitled to two months full pay and two months half pay (this goes up to 4 months full pay, 4 months half pay in 3rd year)

My pay for March was normal, I was paid my full amount via OSP. My pay for April is lower though, and SSP is mentioned on my payslip.

I have spoken to payroll, who say I was only entitled to full pay from the end of Feb - 8th March, therefore, I'm now on half pay, which will end on Friday.

I've asked them to clarify this, but it seems to me like they have added the time I had off in Sep/Oct to the time I've been off since Feb, which then took me to two months in total on the 8th March, iyswim?

Is this correct? My contract basically just states if you're in x year of service you are entitled to x months full pay x months half pay, that you have to go through the proper notification procedures, and if they think you are abusing the sickness scheme, it will be suspended. It mentions nothing of adding two lots of long term sick together. So is it right that they have done this, especially when it is two seperate issues?

If it is right I'll just have to suck it up, but I thought I had from the end of Feb - end of April on full pay and then half pay so I thought I had more time to try and get better, if that makes sense. I did try to go back last week but only managed 3/4s of the day as I was too unwell, but I doubt going back for one day would 'restart' my sickness into a different long term sick and therefore giving me another 2 months at full pay.

Any advice would be really appreciate, thank you.

[LillyBugg]

Sickness is usually looked at on a rolling year basis. You don't get the entitlement of pay each time you are off sick, it doesn't start again. Otherwise everyone would just go back for a day and then re start the pay entitlements!

I would ask your payroll department for an explanation of the calculations and then you can see how it's worked out.

[prepperpig]

I agree with PP. Its on a rolling year basis.

[RobotHamster]

Might be wrong, but I thought pregnancy related illnesses were treated differently. Is there anything in your contract about pregnancy

[Perfectlypurple]

Yes that's right. It isn't 3 months or 4 months in one go. It is over a online year

[LillyBugg]

Pregnancy related sickness can't be used to enter you into, for example, a disciplinary process due to absence. However it has three same impact on pay as any other kind of absence. In this case, the fact the recent absence is pregnancy related unfortunately has nothing to do with the pay implications.

[LillyBugg]

the same impact not three...

[TheGirlFromIpanema]

Sounds standard tbh from what you have said - apart from the fact you are now in 3rd year. Is there a clause that says the entitlement to full pay might not be honoured at their discretion? I imagine there will be somewhere.

[Adayinthelife]

No it doesn't say anything about discrection, it only says it might not be honoured if they think you are abusing the system. In that case, they write to inform you of the suspension, which you can then appeal against.

Thanks for all your replies, I really didn't think that the two lots would be added together, especially as they were for different reasons. At least now I know that is the norm and that they are not being unfair.

I'm guessing the fact that I am now in my 3rd year doesn't mean that they will allow the extra 2 months, given that the issues started whilst I was in my second year.

I guess my options going forward are to try and force myself back after the hospital next week, or to take my ML at a ridiculously early stage, but even then there will be a huge drop in wages. We'll manage it once baby is here as tax credits will bump up my wage in addition to the SMP, but SMP alone...eeek!

[LillyBugg]

I'm guessing the fact that I am now in my 3rd year doesn't mean that they will allow the extra 2 months, given that the issues started whilst I was in my second year.

This ^ is exactly right, the allowance is calculated on the basis of your entitlement on the first day of your absence, regardless if that absence crosses into a new year of service.

Sorry you're having a tough time of it, congratulations on the pregnancy and hope you feel better soon.

[Adayinthelife]

Thank you, I just didn't know if the fact I went in for one day during my 3rd year of service would restart it or not for them to allow the extra 3 months.

Oh well, at least I know they are being fair and it's all above board, thank you for all the replies :) and thank you for the congrats and we'll wishes. Hopefully after next week I'll be on the mend a bit ready for when the hard work really starts when baby is born