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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I got a sick note to go on holiday

421 replies

Marleymerm · 01/11/2022 22:58

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.

OP posts:
hay5689 · 02/11/2022 05:43

I think the point that's being missed is what the OP's manager has done is illegal because it takes her pay to under NMW. Obviously there was no agreement it was voluntary otherwise she wouldn't be in this position and wouldn't have expected to be paid.

I also don't understand why people are saying it's only 40 hours? That's an extra week the company has for free and just isn't right. The only winners in this situation are the manager and the companies directors or owner. We need to stop making it acceptable to be treated badly in the workplace because every one of us is just a number on the payroll and easily replaced, there's no awards or loyalty for burning yourself out.

Regarding the six week sick note, I was signed off for 8 weeks and given counselling for workplace stress so it does happen. I think doctors more than anyone understand stress in the workplace and the effects of it.

autienotnaughty · 02/11/2022 05:44

All the people saying doctors don't/shouldn't sign people off for 6 weeks. Yes they do if they feel a longer break is needed and yes they are "allowed" to.

Op you take your 6 weeks to rest and enjoy your holiday. You are allowed to go on holiday or have a night out whilst on sick as these things can actually boost your mental health. And I'd refuse the overtime next time or say email me to say I'll be paid. My guess is your boss didn't realise (or didn't care ) how much you done and can't get it authorised.

singlemomof3 · 02/11/2022 05:44

You're not stressed your pissed off it's not the same thing

That's why I take a dim view of any colleagues who go off with "stress" unless they've suffered some life trauma or tragedy. I generally just think they are being flaky

Halloweenshock · 02/11/2022 05:49

daisychain01 · 02/11/2022 04:41

Taking any time off sick when you're not sick is lying, even if it's a day off.

The way to deal with unpaid OT is to have the proper conversation with management and gain agreement for time off in lieu, especially if it's an ongoing trend. Or be paid, with prior agreement if that's what's in the contract.

the OP didn't communicate and then lied to redress the situation. A poor move that could risk their employment

Show quote history

She is sick!!! Sick with stress!!! As anyone would be if they has rearranged their life around to be able to work 2 hours a day extra for a whole month to find they were not getting paid!!!

and not paying for overtime when you are on the minimum wage is illegal!!! Her employer is breaking the law and yet you are making out it’s her that has to play nice!!!

we’re not living in the bloody Victorian era you know. There are employment laws. You are not being unreasonable if you expect your employer to abide by them!

i really feel for those making snide comments. You must have had some pretty shitty employers if you think the way the manager has acted is in any way reasonable- let alone legal.

Twiglets1 · 02/11/2022 05:54

Don't know why you told your boss you were going on holiday, they didn't need to know that and obviously it looks bad.
I once went on holiday for a week while on sick leave (signed off as recovering from an operation but in reality felt well enough to go abroad for a week's gentle sunbathing) but would never have mentioned it to my manager or any of my work colleagues!

At the end of the day, if you're signed off with stress I believe you are still allowed to go on holiday but check with Citizens Advice Bureau re your rights.

Anon1996 · 02/11/2022 05:56

You know what? Who gives a shit what people say about this - work culture in the UK leaves most of us with burnout and no time for out families or personal life. Many officers expect unpaid overtime if you want any chance of promotion and their is a culture of guilt around leaving your office when your shift ends or taking a full lunch break.

So take the holiday and take the consequences- legally with a doctors note a company can't take it too far. They have to respect stress and depression.

Most of us are just a number to companies, a resource to be used up like batteries then replaced. So make memories - if you are getting paid even better.

If there are consequences you will have to deal with them but know your rights before going into any meetings.

Mrsmch123 · 02/11/2022 05:56

Yeh you did the right thing.....your not a bloody volunteer. You should be paid for any extra work that you do! Let him try and discipline you..:surely would open a huge can of worms. 1 for the non payment of your hours and 2 for discipling someone who has a sick note from a gp....

Anon1996 · 02/11/2022 05:57

*there is a culture sorry tired

PurBal · 02/11/2022 06:01

I stayed once to help out (in a previous job) and when I asked about adjustment to pay or TOIL I was ignored and never asked to help again. There were people willing to work for free…
You’ve done nothing wrong, sounds like you need a holiday. I’m signed off at the moment, pregnancy fatigue rather than stress, and my line manager has literally said “do something wholesome, take a break, go for a hike” etc.
I wouldn’t work 40 hours OT in future if I were you.

Anon1996 · 02/11/2022 06:03

singlemomof3 · 02/11/2022 05:44

You're not stressed your pissed off it's not the same thing

That's why I take a dim view of any colleagues who go off with "stress" unless they've suffered some life trauma or tragedy. I generally just think they are being flaky

And don't let anyone tell you that you aren't stressed either ... anyone working that amount of OT will be stressed. You know how YOU feel.

If this country didn't have such a toxic work culture than people wouldn't have to sign off just to go on holiday and get some peace. I'm sure plenty of people have done the same thing.

Persephonegoddess · 02/11/2022 06:03

Even if you were asked to help, they legally cannot pay you below min wage, so to start work out the difference and put that in writing to them asking for it to be paid within seven days

Halloweenshock · 02/11/2022 06:04

40 hours overtime is fine if you are early or mid career, it is informally acknowledged that the overtime will help you on the next ring if the career ladder. Unpaid overtime is also ok for management who’s bonus payment is likely to reflect this work. It is not fine if you are in a low paid job with no career prospects. There is a difference. That’s why in many companies I have worked in, those in low grades are the only employees who are paid they’re overtime, which has been seen by other staff to be fair.

Darbs76 · 02/11/2022 06:04

Why on Earth should the staff who don’t own the company work extra for the company without pay? Totally out of order to expect that.

PinkButtercups · 02/11/2022 06:05

I agree that 40 hours overtime is not that much. You should've been paid/toil for your time though so don't think that part is fair.

Also I don't see how you didn't realise that you'd get full pay but thought you'd only get SSP Hmm. Surely you read your contract?

NotMyselfWithoutCoffee · 02/11/2022 06:06

Take it to hr.
Look for a new job.
I think you did the right thing, your boss now understands there are consequences for his actions and you sound genuinely stressed.
Why should op continue to be loyal to a company who has treated her like dirt.

Darbs76 · 02/11/2022 06:08

To correct a few people, yes you can be disciplined when you have a doctors note. In my company (public) it’s 6 days and 3 occasions and you’re considered for a stage 1 warning. So unless you meet the strict criteria for discretion you get a warning. Genuine absence or not. You’ll have to suck that up OP no doubt as your boss is clearly annoyed. Just ensure he’s following the policy, as seems he likes to make up his own rules.

Faultymain5 · 02/11/2022 06:12

@Darbs76 can you go into a bit more detail? Six days of what? and stage 1 warning means what?

I know what it sounds like but as that sounds unreasonable I’m hoping I’ve misunderstood.

HoppyHorse · 02/11/2022 06:14

Yabu, you don't sound like a team player.

Heatherjayne1972 · 02/11/2022 06:20

And this is why you don’t agree to overtime without some written agreement about time off in lieu / OT payment

I’m very strict about starting work at x time and I’m out the door on the dot of my finishing time
you want me for extra time - you pay me extra money

AlwaysBloodyWorrying · 02/11/2022 06:22

However you've handled it your boss is a twat. A bad employer who sweats blood and tears for his own company then expects others to do the same for free? You work to live not live to work. Fuck that. He should have either paid you or given you the hours back.

Outtasteamandluck · 02/11/2022 06:22

Lesson learned OP. Don't work overtime!!

Obvs post was titled so people would read but that implies you used a situation to take time off.

For me, 40 hours is a lot of OT. I wouldn't do it if I couldn't claim the hours back in lieu. I am on the lower end of pay scales though.

If I earned more then I probably would think that my salary incorporates the need for additional time on occasion.

It does read that you're annoyed and therefore got signed off in response.

You have not given any further details on how life is for you which would help when deciding if the stress is linked to the non payment of OT or something else.

Juicylychee · 02/11/2022 06:23

Hope you’ll be using the time to get a new job?

AlwaysBloodyWorrying · 02/11/2022 06:24

And 40 hours overtime is an absolute SHIT ton

LittleBowPeeping · 02/11/2022 06:26

@daisychain01 Taking any time off sick when you're not sick is lying, even if it's a day off.
The way to deal with unpaid OT is to have the proper conversation with management and gain agreement for time off in lieu, especially if it's an ongoing trend. Or be paid, with prior agreement if that's what's in the contract.
the OP didn't communicate and then lied to redress the situation. A poor move that could risk their employment

I agree with this.

I would get appropriate advice OP and start looking for another job.

wibblewobbleboard · 02/11/2022 06:28

I would get advice on how to report them for paying under minimum wage and look for another job.

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