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Temps and sick pays

6 replies

BlueBrightFuture · 24/09/2015 07:39

If I am off sick the company pays me my normal pay. (Only been ill 2 days in the last 3 years so not sure how long I would be paid for). The temp phoned in sick one day and came in to work with a temperature the next day because apparently the agency told her she does not get paid for sick days?? She has been with us for well over 6 months? Don't temps have same sick pay as employees after this time?

I appreciate that whilst some may take the Mickey in terms of sick leave but it is not great when someone comes in sick and spreads whatever it is they got.

Thanks your advice is very much appreciated as always!

OP posts:
Qwertybynature · 24/09/2015 07:44

Temps don't get sick pay. If it's a temporary contract (regardless of it's duration) the only 'benefit' is holiday pay which is often paid in with their standard pay.

flowery · 24/09/2015 09:47

Temps do get sick pay. If they are agency workers and have been engaged for 12 weeks, they are entitled to equal treatment as compared to those employed directly in terms of things like rates of pay for a particular job, and they get statutory sick pay and other statutory rates like maternity pay etc. But "equal treatment" does not extend to contractually enhanced sick pay or similar.

As your temp has been there six months if she's been doing the same job, she should be entitled to SSP, which starts on the fourth day of sickness absence.

Qwertybynature · 24/09/2015 13:10

But it isn't paid the same way as a permanent employee. You have to self-cert and contact DWP yourself, which for a minor ailment probably isn't worth the hassle.

Shakey15000 · 28/09/2015 23:36

Flowery- Sadly AWR do not apply if it's the Swedish Derogated contract model.

Shakey15000 · 29/09/2015 07:57

Sorry, as in yes, a derogated worker will be entitled to ssp but the 12wk period means nothing in terms of equal pay, holiday entitlement, bonus etc. Totally sucks. Sorry for quick hijacking!

BlueBlueSea · 30/09/2015 18:41

Those on a temp contract are entitled to sick pay from day one, depending on their contract. It will only be SSP though, this is equal to £88 per week. Some employers only pay SSP for their permanent staff too. There is no legislation saying that any employer has to pay more than SSP.

Here is who qualifies SSP

Some temps will ask their agency to pay them the saick days as holiday, which most agencies are happy to do.

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