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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think I should have been paid sick pay?

24 replies

foreverinthered · 11/11/2016 21:23

Before I start I acknowledge that legally my employer is under no obligation to pay me sick pay.

But I've got to say I'm shocked to have just been paid and realise I've not been paid for the four days I was off sick.

I have never had a sick day before here and to honest I just assumed I got paid it as I have everywhere else I've worked but obviously not, this has never been told to me and my contract doesn't even mention sick pay.

I was off with terrible d&v for 4 days. I work in sales and have remote access (so that I can work from home all evening and weekend while still being paid minimum wage for a 40 HR week)

The days I was off sick I continued working from home when possible and made 3 sales during this time I was off sick equating to £57,000 profit for the company.

I still pay childcare when off sick, and on minimum wage living hand to mouth 4 days of no pay is a huge hit for me.

AIBU to think even if I'm off sick, if I continue working and make a lot of money for the company the least they could do is give me my f'ing £55 a day?!

OP posts:

Lexie1970 · 11/11/2016 21:35

My present company is the same. .. It was a shock to me when I had a day off sick after working there a couple of years.

I would imagine that if you go through your contract it will probably only offer SSP - crap isn't it, when you don't abuse the system :(

Do you have any annual leave that you can afford to give up?

ConvincingLiar · 11/11/2016 21:39

I'd expect you to be paid if you were working from home.

wysiwyg16 · 11/11/2016 21:39

If you're sick and had told them you were sick then why were you working?

manicinsomniac · 11/11/2016 21:39

Do you have a staff handbook or a set of policies or anything somewhere?

I don't think my contract goes into that kind of detail but there is certainly a policy on absolutely everything.

It may well be that you just don't get sick pay (harsh but, as long as it's the same for all, fair) but it's worth checking. They could be chancing it or have made an error.

whatsthebigdeal · 11/11/2016 21:40

So does your company usually pay sick pay or do you mean statutory sick pay?
Statutory sick pay is £88 a week, you cannot claim it the first 3 days you are off sick, so you could only claim 1 day
I was off sick for 4 weeks due to an operation I received, week 1 £22, weeks 2-4 £88 a week
If you work for even one minute on a sick day, the day is invalid and not included in sick pay
If your company was supposed to pay you their own sick pay you need to find out why they didn't, and if you worked on those days question why you have not received any pay

VeryBitchyRestingFace · 11/11/2016 21:41

The days I was off sick I continued working from home when possible and made 3 sales during this time I was off sick equating to £57,000 profit for the company...

AIBU to think even if I'm off sick, if I continue working and make a lot of money for the company the least they could do is give me my f'ing £55 a day?!

Well, you'll know not to do that again, won't you?

Why did you do it? Did your work ask you to?

If you are off sick, you are not fit to be working. And shouldn't do, whether they pay you for the sick day or not.

whatsthebigdeal · 11/11/2016 21:42

I don't see why you would continue to work after calling in sick, surely you should have arranged this in advance as to wether this was feasible and if you would be paid

user1470997562 · 11/11/2016 21:44

It's all about equality now. They have to be seen to treat every person the same. Doesn't matter how long you've worked there, how great you are, there's one rule that applies to all.

Penfold007 · 11/11/2016 21:49

So were you on sick leave or working from home?

Threepumpkins · 11/11/2016 21:53

How long have you been n the job?

The company I work for doesnt pay sick pay during the first 3 months but this is made clear to employees during induction.

Ask HR for the company's sickness policy.

havingabadhairday · 11/11/2016 21:55

I think it's fine to work from home if you want to, but you should arrange it with them.

I often have, sometimes I felt too ill for the commute rather than too ill to do any of my job and I don't need to be in the office to work on the website.

Obviously it depends on your employer. If they treat staff like shit I wouldn't go the extra mile for them.

Heratnumber7 · 11/11/2016 21:55

You weren't "off sick". You were working. Why did you phone in sick?

Next time you get a new job check the T&Cs very carefully to find out what sick pay, holiday pay etc you are entitled to before accepting.

Also why do you work at the weekends and evenings if you are being paid minimum wage for a 40hour week?

maddening · 11/11/2016 21:59

I thought that if you presented for work in a day for any portion - egg do a couple of hours do work then leave sick (and if working from home is allowed then you did) then they couldn't count it as sick for that day - they can expect you to pay the time back - am no employment lawyer though

whatsthebigdeal · 11/11/2016 22:02

What maddening says is true if you work for even 1 second of a day, you cannot claim sick pay for that day, check out the gov.uk website page about statutory sick pay

limon · 11/11/2016 22:07

Actually no you shouldn't have been paid.

It's true that some companies pay occupational sick pay but yours clearly doesn't.

You should claim statutory sick pay for the fourth day.

You can't be both off sick and working g from home at the same time.

JenniferYellowHat1980 · 11/11/2016 22:10

What maddening says is true if you work for even 1 second of a day, you cannot claim sick pay for that day, check out the gov.uk website page about statutory sick pay

That can't be right. Teachers are required to produce cover work when off sick, which obviously you can't usually do until you know you're sick.

NotAnotherUserName1234 · 11/11/2016 22:15

they are not your friend

maybe set up a rival company and keep the profit from the 57k sales for yourself?

fuckers (first time i have sworn on mumsnet) for only paying you 55 a day

harderandharder2breathe · 11/11/2016 22:25

User many companies still have employees on legacy contracts that DO differentiate how long you've worked for when calculating sick leave. My own employer is a large financial company and for employees hired before a particular date, it depends how long you've been employed. Even employees after there's a distinction for less than 6 months. This mainly applies to long term sick, everyone except temporary staff would have got paid for short term like the OP.

WHY would you work from home if you've called in sick?! If you're sick, you're too sick to work so you don't work! If you're ok to work from home but not deal with commute and office environment then if your employer agrees working from home can be ideal. But you have to agree on your call whether you're off sick or actually you feel ok but need to be within dashing distance of the loo at all times but can work in between so work from home.

You don't automatically have a right to be paid for the first few days, and after that only SSP is compulsory. Do check your contract or handbook though in case it was an error

whatsthebigdeal · 11/11/2016 22:30

I mean statutory sick pay
If you attend work, even for 1 second, then get sent home sick, this cannot count as a sick day
Statutory sick pay starts from the following day
You cannot claim statutory sick pay for any day you work, even for the smallest amount of time
You can only claim statutory sick pay from the 4th day of sickness

Company sick pay will have their own policies, these should be outlined in your contract or colleague hand book

SueDunome · 11/11/2016 22:31

If you were off for four working days, provided you qualify for SSP ( ie earning at least £112 per week) then they should have paid you a minimum of SSP for the fourth day at least. The first three days don't count as they are 'waiting days'.

SueDunome · 11/11/2016 22:34

Oh, sorry, yes - if you told them you were working from home, then they can't pay you sick pay but presumably, if they acknowledged that you were working, you should still be paid for the hours you worked.

topcat2014 · 12/11/2016 07:24

Presumably, also, you will have sent and received emails during the day to 'show' that you were working.

Speak to your line manager / payroll department.

After all employers are not psychic. You phoned in sick and were not in the office - so not surprising the days were initially recorded as sick.

Scooby20 · 12/11/2016 07:33

You weren't off work sick though. So you just need to be paid for the hours you did.

I worked for a company that paid up to six months sick pay once you had been made permanent. A lot of people took the piss. They also paid 6 months mat leave at full pay. Many people took 6 months may leave came back for a month then went on 6 month sick. After working there I can understand why companies are reluctant to pay sick leave.

I work for a company that only pays a week when you have been there two years. Their sick levels are far lower.

If your company doesn't pay sick pay, they don't pay sick pay. But you weren't off sick you were working from home.

SheldonCRules · 12/11/2016 08:41

Why were you working when off sick? If you were asked to work, it should be paid for. If you weren't then it was your choice.

Lots of companies have tightened up on sick pay as employees are taking more and more time off. Lots see it as an extension of their holidays.

Gone are the days when it was rare for somebody to be off and full sick pay has been removed from lots of places to counter that.

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