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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think work can’t withhold sick pay

112 replies

Whattodo2021 · 11/01/2021 19:26

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.

OP posts:
peboh · 11/01/2021 22:22

Legally I'm not 100% where you stand, you need to check your contract. Though I'm sure you still are entitled to ssp.
However honestly if I was your employer I'd refuse to if I could. They gave you an option, it didn't work for you, so you then went to get a sick note because you could, it just looks like you're taking the piss

pinkcattydude · 11/01/2021 22:24

If the children were in school where was the baby going?

Original poster
Whattodo2021 · 11/01/2021 22:24

It’s a small family company. They won’t let me work from home unfortunately, they won’t furlough me. They won’t let me use annual leave this year. The only option was unpaid leave.

OP posts:
Rainbowsoup · 11/01/2021 22:29

Why do people consider sick leave to be a choice, it’s not intended to be something you decide to do due to finances!

I agree it is a rubbish situation you are in but morally I think it’s wrong to choose to be signed off to get income and I’m not surprised your employer has taken that stance.

Original poster
Whattodo2021 · 11/01/2021 22:31

The baby has a nursery place. Which he hasn’t started because obviously I’m not going to work. So who knows if I will still have a place when this is all over.

So honestly if your work said you will be unpaid for potentially months. You would just take it? You wouldn’t be stressed about how to pay the bills? How to feed your kids? It looks wrong but I am depressed, I am anxious and this situation has compounded it. I don’t really know what else I can do?

OP posts:
2kool4skool · 11/01/2021 22:31

A small family company and you’ve not been in for over a year and now you want more pay? But no work......
Wow.
Good luck with that OP!

maturinsslothe · 11/01/2021 22:32

Check your contract of employment. And sickness policy. It may say they have the option of referring you to their own GP of choice where there is a disagreement about sickness

Original poster
Whattodo2021 · 11/01/2021 22:32

I’d hardly say I did it for finances. Sick leave pays my rent. I do have depression. I don’t blame them for them not believing me or taking this stance but I need to know if it’s LEGAL

OP posts:
Original poster
Whattodo2021 · 11/01/2021 22:33

Hardly say I’ve not been in for over a year. Not like I’ve been having a holiday I took maternity???

OP posts:
2kool4skool · 11/01/2021 22:35

If you think they are so “shitty” as you describe them, maybe start looking for something else?

Original poster
Whattodo2021 · 11/01/2021 22:37

I am looking for something else. Very hard to do in a pandemic AND schools are closed. So back to square one. Thanks for the advice though.

OP posts:
CatVsChristmasTree · 11/01/2021 22:40

Regardless of the rights or wrongs here, you would probably be much better off on universal credit. Then get a part time job when childcare is less of an issue, or a job where you can work from home.

impostersong · 11/01/2021 22:44

Sorry op, but I can absolutely understand why your employer thinks you're taking the piss.

SquirtleSquad · 11/01/2021 22:45

What do you think millions of other parents are doing right now though OP?
If everyone rocked up at their GP and started getting signed off (because we are all stressed, depressed and anxious) and companies were having to pay multiple people to be off work for months and months - what do you think would happen to those small businesses?

They obviously need you to be at work. If they furlough you they still need someone else doing your job. Have you any idea what the average cost of recruiting and training someone is? The opportunity cost for the hours spent? And what contract do they offer that person? They have as much idea as we do as to when the schools will go back - could be weeks, could be months, could be more. Do you think it's easy for them to recruit someone on a fixed term of "until it suits you to come back"?

I think, as shit as it is, you would be better off leaving and opening that full job up to someone who needs it and is completely able and willing to be working the required hours needed for it. You could apply for universal credit until you find something that suits your circumstance.

I'm genuinely so sorry for you Op. times are fucking hard. DH has lost 2 jobs as a direct cause of covid. It's so so so shit, but it's shit for your employer too.

Original poster
Whattodo2021 · 11/01/2021 22:48

It is shit for them. But they’ve been open this entire time. Not that I don’t think it doesn’t affect them but still they’ve been extremely busy.

Even if I’m on unpaid leave until schools go back. I’m still not doing any work?

OP posts:
Original poster
Whattodo2021 · 11/01/2021 22:50

It’s Not even that I’m not willing to work. I had the nursery place sorted. I was due to start work. Obviously parents everywhere are stressed due to this. But my personal circumstance is I don’t have any help. I don’t have the funds to pay for 2 full time childcare places.

OP posts:
HeckyPeck · 11/01/2021 22:51

Sorry you're getting a hard time OP.

So many people can't be bothered to read your posts.

You've clearly said you have had bad PND and suffered from depression for a long time, but some on here just love to stick the boot in.

I hope ACAS can help.

HOS8595 · 11/01/2021 22:52

Let be honest... can you blame your work. It looks like you are taking the piss because you are. They said unpaid leave so you went and got a sick note to get paid.
Obviously playing the system.

Sinful8 · 11/01/2021 22:56

So you couldn't get child care so couldn't go to work

Or work accommodates you in this with the offer of unpaid leave

You use unpaid leave causing stress as a reason to get a sick note.

You now realise you don't qualify for sick pay.

And your blaming the employer?

Thehop · 11/01/2021 22:57

@HOS8595 that’s how I read it too.

OP @Whattodo2021 you may be entitled to SSP but you would likely be better applying for UC so you get help with rent too.

I get that you’re stressed juggling work, childcare, worry about rent. So am I. So are most. Your work don’t have to financially support you and aren’t doing anything legally wrong.

FineWhiteBread · 11/01/2021 22:57

I can’t afford to send them both to full time childcare

So what was your plan before pandemic? Surely one in full time childcare and one in wraparound would have been around the same as two in full time?

Torvean32 · 11/01/2021 22:58

Is your ex paying his dues?

Thehop · 11/01/2021 22:58

If your work furloughed you when they have work available wouldn’t that get them in bother? My boss has said it’s fraud and won’t furlough anyone unless absolutely necessary.

Dee1975 · 11/01/2021 23:01

Pretty sure that with a gp note they have to pay you SSP. And if your contract says more, then you are legally able to get more. Otherwise they are in breech of contract.
Timing doesn’t matter. They are being awkward. You have a gp note.
Seek Acas advice ...

FunnyInjury · 11/01/2021 23:01

Its shit but if they aren't willing to furlough you they dont have to.

It sounds like youd be better off on benefits anyway if your earnings are just over £100 pw? Especially at 80% furlough even with pop-up benefits its probably not too much difference.
Can you check that out? Sounds like you need the safety net that benefits are designed for right now Smile

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