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.

Sorry to hear about your awful situation OP. Sounds like you might be better off on universal credit for now. Have you checked the Entitled To calculator?

@Whattodo2021

I have looked into benefits but they said I would be sanctioned for a while for leaving a job willingly. I’m literally stuck

That is NOT true. Who exactly told you this? Nobody can tell you if you'd get a sanction unless they have your claim form. Each case is looked at individually, it is not and never has been the case case that if you leave voluntarily you will get a sanction. Put in a claim for UC. You are not fit for work and have a child under 1 anyway so wouldn't be expected to meet availability criteria.

I’m hardly playing the system when I didn’t ask for a sick note. I spoke to my doctor because I check in with him periodically due to my PND. He suggested the note for the 100th time. Work said they don’t believe me

Of course you are playing the system. Work said you had to take unpaid leave so you went and got a sick note to get paid.
That’s the bottom line.
Why would the dr suggest a sick note for the 100th time when you have just been on mat leave and had a period of holiday so you wouldn’t of needed one.

Are you trying to get dismissed so UC won’t sanction you? Because you are going the right way about it.

This might be of help...

ii) to have earned on average at least the lower earnings limit for National Insurance in the eight weeks prior to the last pay day before your incapacity to work,

If you haven't earned this then they are correct, you cannot claim ssp.

OP I suggest Acas regarding employment rights and citizens advice regarding benefits. If you claim universal credit each case is looked at individually. If you are sanctioned you can challenge decisions within a month and if still not agree appeal. You may be eligible for universal credit even if you are being paid but it is important to find out whether it is the correct thing to claim as does affect some other benefits.

www.citizensadvice.org.uk/benefits/universal-credit/sanctions/challenging-a-sanction/

Can you argue your dc is vulnerable and needs a school place, assuming that is the real reason for wanting leave. SSP is pretty minimal anyway.

Is the dc father around at all? Paying maintenance?

Apply for universal credit and appeal any sanction. You need citizens advice or a union to help you.

Plus put this on the money matters board as it’s better for these kind of problems.

@Whattodo2021

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

I'm sorry you find yourself in this position. I imagine your work are not being flexible as so many businesses are struggling in the current environment they need all hands on deck and have possibly refused the furlough as there are additional costs to business whilst you are off, you still accrue holiday pay, pension, eers ni etc. It may be a new holiday year but you would have accrued a years worth of annual leave whilst on maternity, have they paid your for this yet, if not ask them to. Mat leave is a legal reason to carry over unpaid/untalented leave to a new holiday year. Its not a case of use it or lose it if you are on mat leave Can you ask to work part time hours, put a request in for flexible working. Do you know any of the mums from your other dc's school that could provide a childcare bubble for you (as you are talking about school I'm assuming your baby is not your only child). What about the children's father/fathers surely they can have them for part of the week and you work on those days. Only other option is to give up the job and survive on benefits for a short amount of time until this nonsense that is destroying so many lives is over and go back to work then. I don't know what else to suggest. Even if you get ssp its only £95 per week so certainly not enough to live on. How have you manged financially for the last 13 weeks of Mat leave where nothing is paid?

@Sarahandduck18

Apply for universal credit and appeal any sanction. You need citizens advice or a union to help you.

Yes, this.

You’d be better off financially and practically on UC. You can keep job hunting and hopefully things will be easier in the upcoming months.

Christ, the number of people that clearly haven't read all of OPs posts... And mumsnet have made it simple to do so!

DC father is not a nice man, and certainly not someone she would leave her children with!

OP have there been any other "iffy issues" and less than desirable treatment from employer?
If they won't allow you to work from home, when you could, and they refuse to furlough you even tho the cost of that to them is minimal.... I think it looks like a few more infractions from them and you could have a constructive dismissal case for them. How do they expect you to survive on no pay, and the only reason I can see that they won't allow you to take holiday is if they don't expect you to be around for that long...