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.

The problem I see here is you decided you were sick after you realised you hadn’t been paid. If your mental health is suffering that much you need 6 whole weeks off work - you would have made the appt with your gp before you even received your payslip. IMO.

I agree with PP, very unusual for a GP to sign off a patient for 6wks, usually two weeks then review, as this provides better patient care and can signpost other services that could be of benefit to the patient, but aside from this.

Sounds to me like the company could be experiencing financial issues, if you had previously been paid overtime, but now it’s “helping the company out”. Personally, I would be looking for another job tbh.

So you're owed 1 weeks wages for overtime, but will be missing 6 weeks. So the company is does 5 weeks? Can't see that going down too well tbh, and I'm always on the employees side.

Two issues and you've intertwined them.

You should be paid for your overtime, assuming it's in your contract that you should.

The stress thing is a reaction to not being paid, you've confirmed that. If it's genuine or a "stuff you, I'll get that time back then" only you know.

It does read like it's "stuff you",

If that is the case, you're very wrong as this is why genuine cases are questioned.

How apart from the holiday are you dealing with your stress issues, medication, counselling?

Also your doctor signing you off for six weeks is very prescriptive, he should be seeing you at regular intervals to assess the situation.

Anyway, I think you should look for a new job, you're unhappy with your employer and they're unhappy with you. It doesn't make for a good working relationship.

@GrapefruitGin The problem I see here is you decided you were sick after you realised you hadn’t been paid. If your mental health is suffering that much you need 6 whole weeks off work - you would have made the appt with your gp before you even received your payslip. IMO.

And this would all come out in a tribunal if it ended up going down that route.
Unfortunately the OP has 'shot herself in the foot'.
I can't think of a solution except to leave and then there is the question of 'references'...

Your boss is a piece of work and I'm not sure why you'd be going the extra mile for a company that treats you like that! Not all companies operate like this. I'm in academia and the people at the top might not care but my direct line managers actually look out for me and support me. As they should!

Or she was hanging on by a thread and the lack of pay sent her over the edge. I think they call it the straw that broke the camel’s back.

Don't think he can officially discipline you because of sick note and he is clearly wrong not giving you minimum wage. But sounds to me like he'll find another way. You'll be on a performance improvement plan before you know it and managed out for any reason he can justify. I'd use your six weeks off to look for another job.

And I'd get this thread deleted too. Don't want it on the dm website.

I don't know why you're talking as if you're so hard done by and overworked... 40 hours in a month really isn't much.

I could t agree less, no way do I think the OP sounds genuinely stressed.

She sounds to me like she's getting one back on her employer.

What makes her sound stressed, her saying "I'm stressed"?

That's easy to do.

40 hours is the same as 4 days work. I wouldn't call that 'not much'

I got a sick note to go on holiday.

I'm going on holiday whilst signed off sick.

Can you see how differently those two statements portray the situation? You need to work on your messaging.

Don't understand some of the responses here 😳.

I think there is 2 issues here - you worked overtime and haven't been paid for doing so . I don't agree that 40 hours "isn't that much". In my job role that's a whole week. Sorry I wouldn't be working an extra week and not receiving payment. We work to earn an income - not help others meet deadlines for no gratitude. If there is too much work and staff are having to do overtime then the company need to recruit. I would have taken your request for payment higher up than your manager.

The second issue is you being granted sick leave. To me it sounds as if you have a toxic work environment, a manager that doesn't respect his staff and you are overworked . You have every right to be signed off . Your mental and physical health is so much more important that being at work. If you choose to go on holiday during that time then so be it. You have been given that time off to look after yourself and sometimes a break from it all is in your (and the companies) best interest.

The manager shouldn't be making threats and they will likely get into more trouble for saying what has been said and treating you in such a way. Sounds as if the company don't respect their staff.

Good luck OP - take the rest you need and look after yourself

This.

How many periods of sick leave have you had and do those meet the policy requirements in work for you to be disciplined?

In my industry (office based), nobody gets paid overtime and we regularly work long hours. It really depends on the contract. A lot of salaried office staff are expected to work whatever hours are needed to get the job done.

The OP hasn't clarified what is stated in her contract. She also hasn't stated that the overtime takes her below the minimum wage so I am not convinced that the employer has done anything wrong.

If someone asks you come in on a day off, I’m struggling to understand how HR think that would in anyway be considered “voluntary”. Do you have anything in writing or physical proof he asked?

It also sounds like there is no official policy on OT so some people get it and others don’t. Do you have a staff handbook where the policy is written down?

My role has always been salaried so don’t know about this but it doesn’t sound right.

If you treat employees like shit then this is what happens, the manager sounds like an utter twat.

@supersop60 they are saying 40 hours is not much because
a) they work in an office on more than reasonable pay that accepts an extra two hours as part of that reasonable pay
b) they’re bar is low as to what is a both a decent job and a good employer

I may do 40 hours this month overtime but it wouldn’t be regular and it’s because we’re short staffed. I won’t be paid extra but our boss regularly appreciates us when it gets busy and takes us out. Unfortunately for them the longer they remain short staffed and the more I have to do extra hours, the more likely I am to leave. But they are at least lovely.

i only work 35 hours, 40 hours is more than an extra week.

6 sick days or 3 occasions in a 12 month period and you’re liable to a stage 1 sickness warning

I think your boss is a jerk.
Now it has cost him 6 weeks of your time and he won't get any more unpaid overtime out of you!

You've been signed off work, it's fine to go on holiday. They can't get rid of you. Never do any overtime for them again, that's awful. Enjoy your time off.

You also don’t know her industry. So, yes it makes sense to reserve judgment. Though it would make sense to deduce that as she has been paid OT before and expected it again, that it is a part of her industry and her workplace.

But if you have already taken time off sick aren't you down to statutory sick pay now therefore you'll be loads worse off causing you even more stress??

6 weeks sounds a long time for a GP to sign you off. But I think I'm just jealous as I've been to my GP several times in the past with anxiety/depression and suicidal thoughts etc and they've never been prepared to sign me off work. I was even told once to rest as much as possible and I said does that mean I should take time off work as my job is really physical and stressful and I was told no, a normal routine is important when you have depression. So I've never quite understood how all these people keep finding GPs who will sign them off for weeks at a time!!

The unpaid overtime is not OK at all and you should be upset, furious etc, but I hope your 6 week holiday doesnt end up making things worse for you.

@Darbs76 And a stage 1 sickness warning means what exactly?

I mean I very rarely get sick but I assume there are exceptions. Cause if someone goes off sick with stress for two weeks, only to come back in to a stage 1 sickness warning, they’re very likely to be off sick again with stress soon after.