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.

It does sound like you should be entitled to it, but I'm no expert.

Maybe @flowery could help - she's pretty hot on employment rights.

Exactly. We had the conversation at the start of lockdown. I honestly haven’t slept, I’ve been so stressed. It’s not me putting it on. I would have to at least get SSP. I spoke to my doctor because I’ve been on antidepressants and he said he could write a sick note.

Unfortunately I think the figures have not been increased on that website. Gov.uk quotes the weekly average income as needing to be £120 to qualify

Okay thank you for that information. I will see exactly what I got paid in the last 8 weeks. They didn’t actually refuse on those grounds, they refused because they don’t believe me

If you are unwell would the school take your DC under the vulnerable category?

It took me a year and getting ACAS involved in a similar situation.

Do you have a fit not from the dr (sick notes no longer exist) if not then yes they can withhold the ssp. Have you also been in receipt of any income and support allowance as they also are under no obligation to pay you ssp if so. Have you used up your annual leave that you accrued whilst on maternity as you could use that to be paid for the next few weeks.
Also hoe long did you take for maternity leave as if you have done the full 52 weeks and you don't return, even as you are "sick" your employer can end your employment. You just return to work if you wish to keep your job.
If you have childcare issues can you ask to be furloughed. Could your parents or a friend bubble with you and provide childcare.

I did ask to be furloughed. They refused. The year is a new annual leave year but they refused for me to use it. I got a no longer fit for work note from my doctor. I did take 52 weeks off so I suppose they can end my employment. My only living parent is a key worker and he has no time to help out. I literally have no one who can support me for 40 hours a week

Is your job keyworker?

You can be furloughed for childcare reasons. Your employer doesn't have to furlough you but they can.
Furlough info on mse www.moneysavingexpert.com/news/2020/04/employed-help-coronavirus-furlough/#kids

This thread is interesting re Furloygh pay after maternity:
forums.moneysavingexpert.com/discussion/6128395/furlough-entitlement-after-maternity-leave

@Whattodo2021

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

You would join a Union even if they aren’t recognised, they can still come in and represent you x

If your employer is not paying SSP they must complete a form SSP1 which you send to DWP.
www.gov.uk/government/publications/statutory-sick-pay-employee-not-entitled-form-for-employers

My understanding is that if you have a fit note (med3) then that entitles you to statutory sick pay, which I don’t my think they can deny you if you meet the other criteria. However, whether they have to pay you any “discretionary sickpay” very much depends on the terms of your contract, I’d have thought. So they may be entitled to with-hold that regardless of the fit note from your doctor. You would need to seek advice from someone who could read your contract and advise you.

I agree it doesn’t look great from an employers point of view.

They can refuse SSP if they don’t believe that you are sick but it’s extremely difficult for them to argue that if you have been signed off by a medical practitioner as unfit for work. Problem is that only a tribunal can force them to actually pay you. They sound shitty.

Are you actually sick, though? It doesn't seem like you currently are, just that you want to be signed off on sick pay as you have no childcare. Also, have you emailed work to say you'd get signed off sick due to lack of childcare?

I would second citizens advice, you are in a precarious position OP, the schools are going to be closed for a long time, don’t be afraid to ask for help to support you and your kids.

How long has it been since you were last in work?

If you've been off work for 52 weeks and don't/can't return, I think they can just terminate your contract, can't they?

They will not furlough me they refused. Yes I am sick I have had depression for a very long time. My PND was worse this time round. To face having no money for a very long period time has sunk me even lower. I didn’t ask for the sick note the doctor recommended i have one.

They are a very shitty employer.

You should probably get SSP but no enhanced sick pay (as enhanced is discretionary).

They probably need someone to do your actual job (as they've refused furlough) so can't pay you and someone else, given you've already had a year off on mat leave plus paid holiday?

How big is the company?

Call ACAS rather then CAB they give employment advice.

Are you with a partner? Are they able to help out at all? How would you normally manage your job during school holidays, since you state you're needing school for childcare?

Can you still send your baby to nursery, as presume they’re open, and homeschool your school age dc whilst wfh? Or doesn’t your employer allow you to wfh with a child at home? A lot of single mums are having to do that atm.

If you have been paid holiday for the past 8 weeks then your maternity leave has ended and you have technically returned to work