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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To work elsewhere while on sick leave?

28 replies

BluueVelvett · 15/01/2020 12:51

Haven't done this yet, so no hate please, I'm just confused about what I am and am not allowed to do.

I'm a writer and I've been signed off sick by my midwife, perinatal team and GP for pregnancy related fatigue and gastritis which is being looked into by my colorectal team as I also have bowel issues. I have one full time job which is nine hours a day, five days a week, this is the job I have been signed off from because I can't cope with the workload. I'm sleeping most of the time and just mentally exhausted and I don't have the focus for that amount of work.

But I also have a small part time job which I do on the weekends which takes me around an hour and a half to write three articles.

I was hoping to still do this because my sick pay isn't very good as I'm only being paid three sick days a week because recently that's what my average week has been due to sick leave (haven't had the most enjoyable pregnancy).

But I've been told by full time job that if I do this I will get a disciplinary. So obviously if this is the case I'm not going to do that because I don't want to lose my job.

However I've looked online and it seems you can work elsewhere if it's not in the hours you're taking leave from and it's not the same workload?

Might be worth noting I am technically freelance and don't even have a contract with job paying sick pay.

Can anyone tell me if this is right or wrong?

OP posts:
vikkimoog · 15/01/2020 12:53

why is the full time job paying sick pay if you've no contract?
I'm afraid I agree with full time work that you can't really be working elsewhere when on sick leave

QuestionableMouse · 15/01/2020 12:57

I'm not an expert by any means but I think you could make a case for doing the writing job as its home based, which means it fits your current medical needs whereas the job you've been signed off from doesn't.

Hope you're feeling better soon!

Letsallscreamatthesistene · 15/01/2020 13:07

If you could work some hours, but not your full time hours then surely the best solution would be to reduce your working hours rather than being signed off sick totally?

Cupcakegirl13 · 15/01/2020 13:11

I’m pretty sure you can’t claim sick pay and have another job at the same time

Letsallscreamatthesistene · 15/01/2020 13:13

but no, legally you cant work whilst being signed off on sick leave

Basecamp65 · 15/01/2020 13:16

It is against the law to work whilst signed off sick.

But why would your main employer know about this small job?

Why would anyone know about this small job?

lanthanum · 15/01/2020 13:16

Your GP should be able to put on the sick note that you are "maybe" fit for work and then say under what conditions. They're not allowed to refer to your actual job; they have to say what you can/can't do.
If, for instance, your main job is not working from home, they could say that you could work for a couple of hours a week from home. (If your main job could allow you to do that, though, it might be hard to justify you doing the second job rather than a couple of hours of the main one.)

StatisticallyChallenged · 15/01/2020 13:23

I'm pretty sure you can do this - I don't have references to hand but I had a member of staff recently signed off sick but we became aware they were still going to another job. From what I recall it can ne fine so long as there's a legit reason why you can do one not the other. So you could easily be well enough to wfh for a few hours but not work FT.

Also check the sick leave calcs...if they are related instances of sickness the calculation rules are a bit different and they might not be ok to reduce your sick pay because you were previously sick.

isitsnowingyet · 15/01/2020 13:25

I thought that is called fraud -but hey - I'm not a lawyer

Original poster
BluueVelvett · 15/01/2020 13:31

Obviously not wanting to do anything illegal hence asking because I can't find any conclusive answers online so thought this might be helpful.

OP posts:
Original poster
BluueVelvett · 15/01/2020 13:36

@Letsallscreamatthesistene Thanks, I didn't even think of that because I've been so anxious about the workload that I thought just taking the sick leave offered would be easier.

I'm going to ask them for reduced hours/workload for the rest of the month until I'm a bit more back on my feet, so that I can still do my WFH weekend job when I have time. Thank you!

OP posts:
Plumbus · 15/01/2020 13:39

Depends on the nature of the work and whether the second job would be considered 'like for like'.

Interesting link here: www.braybray.co.uk/is-it-illegal-for-my-employees-to-work-elsewhere-while-on-sick-leave/

Crucially, there is no legal case for stopping an individual claiming sick pay for a job which they have been declared medically unfit to carry out, while working in a different job which they are medically able to fulfil their duties in

It depends on the nature of the job. Say you signed off for a physical labouring job (with back pain for example), you could possibly reasonably still do a second desk job.

Get signed off from a writing job and then do another writing job, might be more of a grey area (though I do appreciate your second job is a lot less intensive in terms of hours).

isitsnowingyet · 15/01/2020 13:42

I'm speaking from the point of view of an NHS worker - who was signed off sick - and working elsewhere. They were prosecuted for fraud.

Sadiee88 · 15/01/2020 13:43

You can get a fit note from your GP (I think) which states you can do one type of work but not another.... not sure if that’s within the same company though. EG Shop work- you could sit at a til but not stack shelves or lift heavy loads type thing.
Would they find out if you did it? Sounds risky!

midnightmisssuki · 15/01/2020 13:44

I was sick when pregnant - I had HG, was signed off for many months, I couldn’t possibly do anything bad sleep. My job would have fired me should I have worked on the weekend. Legally - you are off sick, sick enough for a dr to say you cannot work. So don’t. Rest.

MinisterforCheekyFuckery · 15/01/2020 13:46

I also know an NHS worker who was convicted of fraud and sacked for working elsewhere while off sick. Perhaps it only applies to public sector workers but I don't see why that would be the case.

VanGoghsDog · 15/01/2020 14:04

Obviously you can't do the same type of job or a job in the hours of your full time job.

But you can work when signed off, it's not illegal at all. It depends on so many things though - your contract, the policy, what sick pay you are being paid, what you are ill with and the effect of it etc. Best to get a fit note from the GP saying what you can do and try to work within that.

Are you saying you don't have a contract with the first job? If so, they can't discipline you. But also bit odd that they pay sick pay.

VanGoghsDog · 15/01/2020 14:05

I also know an NHS worker who was convicted of fraud and sacked for working elsewhere while off sick.

That was because the sickness itself was a fraud. Also, the other work was within the working hours of their main job.

christmasathome · 15/01/2020 14:13

No you can't, especially as they are the same job.

You could in theory have two very different jobs and be signed off for one but not the other but given both of your jobs are the same you can't.

Gp's can stipulate revised duties so could you be signed off for reduced hours and or duties in your main job then still do your part time job?

If not then you will have to be signed off both jobs.

adaline · 15/01/2020 14:18

It depend on the job.

For example, you might be a taxi driver with a broken leg - in which case you'd could be signed off sick while you recover, but a broken leg wouldn't stop you from sitting behind a checkout in Tesco.

but no, legally you cant work whilst being signed off on sick leave

It's not as simple as that. You can be unfit for one job but fit for another. As in the example above, having broken leg would stop you driving a car, but it wouldn't stop you sitting at a desk and doing computer-based work.

LIZS · 15/01/2020 14:27

Does the main company have access to Occupational Health? You could agree to do a phased return or adjusted hours when you are fit enough. Will you get maternity pay if you are off sick ?

StatisticallyChallenged · 15/01/2020 14:49

I think given the issues the OP is off for there would be a pretty legitimate argument as to why she could manage a few hours WFH job but not a proper 5 day job. I would check your sick policy as it could have an extra exclusion clause potentially.

Original poster
BluueVelvett · 15/01/2020 14:57

Thank you @StatisticallyChallenged I will check. I think I'm going to ask for reduced hours but not sure if they will let me now the doctor has already signed me off sick. I will check the sick policy.

OP posts:
Toddlerteaplease · 15/01/2020 15:08

Someone I worked with was sacked for doing agency work, while signed of sick with stress. (She wasn't stressed, she just hated her job)