To think work can’t withhold sick pay

[Whattodo2021]

So I’ve been due to return back to work from maternity. Now schools are closed I have no childcare I asked work what I could do. They told me they could give me unpaid leave. I have been signed off before with depression and anxiety and I was so anxious about losing my house and stressed my doctor signed me off sick.

Work have emailed back saying it looks doubtful due to timing so they won’t be paying me sick pay. I’m not 100% sure but can they do this? I’ve been on antidepressants since my son was born, I had to leave my partner so I’m a single parent.

You should have gone for the doctors note first OP. It clearly doesn't look good.

As far as I know employers so not have to pay sick pay or holiday pay. You can apply for statutory sick pay, which is roughly fuck all per week.

It doesn’t look good I agree but I exhausted all options. I was stressed and anxious that if I’m off work unpaid until they go back to school I will lose my house. Benefits do not cover the full rent. It would be SSP.

Legally, no, I don't think they can so long as you have a doctors' note.

Yeah it would be SSP, they said they’re not going to pay it and any time off I have will be unpaid

Timing doesn’t look ideal but if the doctor has signed it off I don’t think they can say it’s false! Do you have a union to speak to? Definitely speak to someone with more knowledge than internet randoms.

Unfortunately you won't be entitled to SSP if you've been off on unpaid maternity for the last 8 weeks.

I will do, I’m just worried now so I thought I would ask for advice. I was signed off before for 6 weeks with depression. I agree it doesn’t look good. We don’t have a union. We don’t even have a HR department. I will call ACAS tomorrow

If you have a doctors note then you are eligible for SSP. Company sick pay if enhanced is discretionary and I agree tbh the timing doesn't look ideal.... presumably as soon as childcare is open you'll then want to work. I know the stress and anxiety is complex interwoven issue but businesses are struggling too.

Depends on your contract, a lot of places do not pay sick leave (as in full pay), only SSP.

They have to pay SSP fir the required period outlined in law weather they like it or not.

Is working from home or furlough not a possibility. As far as I’m aware nurseries are open. What would you have done if we weren’t in lockdown?

I don’t think you’re entitled to SSP straight off the back of maternity leave?

A quick google brings this up

You won’t get SSP if you:

• are self-employed
• have already had SSP for 28 weeks (and the 28 weeks ended within the last 8 weeks)
• had Employment and Support Allowance (ESA) in the last 12 weeks
• are getting statutory maternity pay or Maternity Allowance
• are pregnant, your baby is due in 4 weeks or less and your illness is pregnancy-related
• had a baby in the last 14 weeks (or the last 18 weeks if your baby was born over 4 weeks early)
• are in the armed forces
• are in legal custody (detained either by the police or in prison)
• are an agricultural worker (read about agricultural sick pay on GOV.UK)

From here: www.citizensadvice.org.uk/work/rights-at-work/sick-pay/check-if-youre-entitled-to-sick-pay/

Does any of that apply?

Apologies for the spelling mistakes but you get the gist. Hopefully

It’s not nursery I need. My daughter is older and goes to school. I can’t afford to send them both to full time childcare. I have had a look and I don’t think I can get SSP after maternity leave so unpaid it is. I don’t think I will go back to work for them after this

Just clarifying my last comment. From www.maternityaction.org.uk

"You will not be able to claim SSP after a period of unpaid additional maternity leave if you have not had average earnings of at least £113 per week in the previous 8 weeks"

I understand that if you’ve been on maternity for the last 8 weeks you can’t claim it. This came up in a previous work place of mine with someone who was plainly taking the mick.

No none of that criteria applies to me. I’m so confused. I will definitely check in tomorrow and see what my options are

We don’t have a union

It is every UK workers legal right to join a union if they wish.

Even if not recognised by your workplace, you can still have advice on these issues and they can attend welfare meetings, disciplinaries, grievances etc., with you and if it came to it, free legal representation from solicitors if they think you have a reasonable chance of winning.

It's too late for this issue as it would be classed as pre-existing, but something to bear in mind for the future.

The same website states:

If you become sick before or during your maternity pay period you won't be entitled to statutory sick pay until 8 weeks after your maternity pay ends.

If you become sick after your maternity pay period ends you can get statutory sick pay if you're entitled.

Under "common issues - returning to work after getting maternity pay"

www.citizensadvice.org.uk/work/rights-at-work/sick-pay/check-if-youre-entitled-to-sick-pay/

As a single parent of 2 (?) children, you might be suprised how much universal credit you are eligable for.

My maternity pay ended in October and they had paid me holiday for the last 8 weeks. Does this count at all?

So I have earned of average £113 for the past 8 weeks as holiday pay?

And if your income has dropped to below £16000 (monthly equivalent) then you will qualify for a plethora of extras like free school meals, free prescriptions etc.

You won't get these immediately, but worth registering so you are in the system.

Surely anyone would be stressed at the thought of no pay, so anyone could be signed off sick and apply for undue sick pay then?