I got a sick note to go on holiday

[Marleymerm]

Last month I worked at least 40hrs of overtime when my boss kept asking me to "stay late" or "just come in a few hours at the weekend" as we had a deadline approaching. I worked it and wrote it all in my time sheet, I work in an office so we don't have clock ins or anything.

Anyway, I got paid last week and got nothing for my OT, I asked my boss who said he only asked me to stay to help, he never actually agreed to pay me for it and he was asking me to "help the company" like we all should be doing.

I thought about fighting it but people in my office are petty and those above me would probably make things difficult for me. So instead I got a sick note from my doctor for 6 weeks for stress and booked a holiday. I've been honest with my work that I've booked the holiday and said it's to help with my stress, now my boss is saying this is clearly out of spite and he'll be giving me a written warning. However if he does that he'd have to formally admit to not paying me OT. I do feel nervous after realising I actually get full pay when I thought I'd only get SSP and now I'm worried my boss is going to take it further.

It states a few hours on a weekend in the OP, where are you reading whole Saturdays and Sundays?

Minty fresh one--I have never heard of the expression "duvet day" until you mentioned it. "Duvet" is a word that has only recently become common known in the US, and this term would not make sense as an American idiom. It is a British expression based on a British practice.

Iwordhistories.net/2022/01/08/duvet-day/

en.m.wikipedia.org/wiki/Duvet_day

Wiki seems to think it’s both a UK (1997) and US (1998) phenomenon. Where India calls it a casual day. I had to look it up cause I was this year old when I learned there was a difference between a quilt and a duvet.

Yes, I see that. I had never seen a duvet until i visited Europe on my Junior Year Abroad on my Eurrail pass. i stayed in a pension in Vienna with a fluffy cloud of duvet on top of me and a magical soft roll of some sort with hot chocolate for breakfast stirred with a tiny spoon in a delicate cup. Snow fell calmly like confectioner's sugar on the stern gray buildings outside and it was pure witchery.

Non brit here and refusing to work massive amount of overtime for nothing so then taking steps to remedy it this way has nothing to do with bad work ethic. It has lot to do with absolutely shit management

Have never been given a sick note for my mental health issues so your six weeks is amazing. Also, due to new job I no longer get sick pay so you are doubly winning here!

Make sure your boss understands that to question you being signed unfit to work is to accuse your GP of malpractice. What you do whilst signed off is up to you as long as you're not working. If he wishes to be foolish enough to give you a written warning, I would suggest you look for another job, check your OT policy and consider whether a solicitor's letter pointing out how much you're owed, including the way you've been treated since, might be worth it financially.

I understand what you have done here but 6 weeks seems a bit OTT. Tbh your post does make it seem like you have done this out of spite over the unpaid OT. You should have confirmed with your boss if you were getting paid. Although 40 hours unpaid does seem like a p*ss take on your bosses end.

Contact a union, keep all ongoing contact with your boss, regarding this matter & anything else, to e-mails for evidence & enjoy your holiday.

What a dick your boss is.
To be honest just the fact that they haven’t said the over time was paid or unpaid doesn’t make it ok for them to decide it was unpaid after you have done the hours.

If you are asked to work over again ask if it is paid or unpaid via e-mail & if it is unpaid & you are not happy about that say no as you are well within your rights to do so.

To be honest the whole workplace sounds awful so I’d start actively looking for another job after this incident.

F@ck him! Take the time off. Just remember you’re always replaceable. I’ve learnt this lesson the hard way

I got one once; admittedly some 16 years ago now, to see me over Christmas/New Year but having seen sick notes for some of my employees I don't get the impression that they are not that unusual

It’s only voluntary if you offered to stay and help.

If you were specifically asked and agreed, there’s nothing voluntary about it. What you did was respond to a business request. And therefore should’ve been paid overtime.

Your boss cannot prove anything and holidays as part of stress relief are perfectly normal and legal. Therefore he has no leg to stand on with that crap. Especially as you were open about it and didn’t try to hide it.

I would give ACAS a call and have a chat with them about it.

I was ready to get annoyed with you (I'm an employer)
However, I totally agree with your actions and there is flop all your employer can do. They should not have shat on you.
Enjoy your holiday and time off. Also contact ACAS and ask them to write a letter for your 40hrs OT. You ARE entitled to it - it is totally reasonable for you to expect to be paid if you have been paid in the past - precedent set. See it as holiday spending money.
Goid luck!

Yes, someone in my family successfully got help from ACAS with illegal retention of wages. I hope you are still there, OP..

First off ALL overtime is voluntary or it would be Slavery!

Can’t force you to do overtime. So there, clear definition matters.

When you've previously been paid for overtime and it wasn't made at all clear that this was voluntary AND no one seems to really think it's an issue at work - then I don't think they left you any other option. They reap what they sow.

I'd start looking for another job, not because they'll be looking to get rid of you (although they might) but because it sounds like an absolutely shit job.

You aren’t unreasonable to take the time off sick as they took the piss. But why on earth did you tell them about the holiday. Chalk it up as experience and don’t do any overtime from now on. They cannot fire you for that.

She is totally unreasonable to take time off sick because they took the piss!
She's not unreasonable to take time off sick if she's genuinely suffering from stress, although it sounds very contrived!

Your boss should have made it clear you were not being paid. Boss 8s actually being very unprofessional saying that you have taken time off out of spite. Even if they think that, they cannot say that or give you a warning for taking time off.

Completely on your side OP. If you do 40 hours OT it should not even need to be a question as to whether you get paid for it. Of course your stressed after that treatment.
As for the holiday a colleague of mine went on holiday when she was off with stress(not work related). My company knew about it and rightly so supported her saying it was a good way to help relieve some of her stress.

Don't accept the written notice. Appeal it via HR. He's being unreasonable

if you're off ill it doesn't mean you have to stay indoors/in bed etc. Getting some sunshine or away from it all will def help with stress.

Your GP hasn't signed you off for no reason.

Hope you feel better after your trip.

To those saying you shouldn't have told them you were going on holiday, they're wrong. If you are off with a mental health issue (stress is one, incase anyone has any doubts!) And if you were found out to be on holiday without informing them, that could get you into trouble. So you have done the right thing!Also, regarding your boss. Sounds like a complete prick. Did he put this threat in writing? In actual fact, I'd go one step ahead of him and contact HR to put in a grievance about his treatment of you, refusing to pay overtime without making it explicitly clear it was voluntary. If it was voluntary, presumably you wouldn't have done it. And then threatening you with a warning whilst you're off sick with stress?! How is that supposed to help your stress levels?! I'd say you've a good case to take the company to tribunal because of him!Are you in a union? I would encourage you to be if you could, or at least get some legal advice from ACAS regarding this treatment. Don't let him bully you. He's the one dancing around in grey areas. You working extra hours for no pay only makes him look like he's running the department well. F**k him. Look after yourself and your family. Feel for you OP xxx

Why would going on holiday without telling them get you into trouble?

That's total rubbish!

You cannot be given a written warning for handing in a sick line unless you already have form for a high level of sickness. And even in those circumstances they would need to follow the absence procedure, get occupational health reports, look at your general absence history and discuss it with you.

It could do. Especially as the OP is on full pay whilst off sick. And it's not "total rubbish" it's dependent on her employer's sickness policy. In my employer's policy, if I went off sick and then went on holiday, it could get me up for a misconduct issue. Mental health issues aren't usually dealt with that way. But I would have to inform my manager that going on holiday would improve my mental health.
If I was off sick with an injury and then went on a skiing holiday - that could be classed as fraud.