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Original poster

Sick pay and holiday pay

37 replies

Halosheart · 11/03/2016 08:16

hi all :)

So my husband has been off sick since 16th February. He had already booked holiday for the time he was in hospital so that was fine. I informed his employer straight away and kept them updated, they also rang the ward for information whilst he was there so they know he was very ill. He was released on the 29th and a few days later managed to drive down to the office and drop off his sick note.
Last week he was only booked for one half day as holiday, therefore this week he has been paid £30.
He has not been paid any sick pay so far just holiday pay. My question is should he be getting statutory sick pay alongside each week?
We would have thought that this week as he was only paid for one half day, that the amount he was paid today should be boosted up by statutory sick pay for the other days. He normally works 5 days a week.
Any ideas?

OP posts:
FatimaLovesBread · 11/03/2016 08:23

I'd have thought that as he has been signed off sick then they should be cancelling any annual leave prev oozed and returning it to his holiday allocation and then just paying sick pay instead

FatimaLovesBread · 11/03/2016 08:24

Prebooked not prev oozed

Muskateersmummy · 11/03/2016 08:25

My understanding is the same as Fatima. If he has self certified as sick it may be different but if there's a sick note in that supercedes the holiday request. I have been off sick and so my annual leave has been paid as sick pay.

ExitPursuedByABear · 11/03/2016 08:26

Yes I think annual leave is cancelled if you are off sick. Therefore he should be getting SSP.

Penfold007 · 11/03/2016 08:39

Did he book leave to have elective surgery or become ill? It makes a huge difference

redhat · 11/03/2016 08:45

It doesn't actually make a difference whether its elective or not. If his doctor has said that he needs recover time and isn't fit to work then he is still entitled to SSP.

The law changed a few years ago and now if an employee is ill and has a medical certificate to cover the period of their absence then they are entitled to have the holiday reaccredited. This means he should get SSP for the entire period that he was eligible (employment lawyer)

Whatthefreakinwhatnow · 11/03/2016 08:47

You csnt br paid both sick pay and holiday pay at the same time. He is therefore receiving SSP and his annual leave will be recreated to him to use at a later date.

Whatthefreakinwhatnow · 11/03/2016 08:48

recreated?! re-credited even!

redhat · 11/03/2016 08:52

My reaccredited should also have said re-credited - bloody autocorrect

Penfold007 · 11/03/2016 08:58

redhat at my place of work if you are having elective surgery you have to take holiday leave for the operation and go sick the next day. Are they doing it incorrectly?

Balletgirlmum · 11/03/2016 09:03

In my workplace if someone is off sick when they have holiday booked we will pay them holiday pay instead of SSP as sick pay is only a very small amount (unless they don't want us to of course)

Original poster
Halosheart · 11/03/2016 09:20

Hi,

He had meningitis, so was not planned at all. He was told in January that he had leave to take and it just so happened that he had booked it during the period when he fell sick.
Our main issue is the fact he has only been paid £30 this week for one half day holiday that had been booked for last week.
It's not a lot to live on for the week so I wondered if for the other days he would have normally worked last week he should have been paid sick pay for?

OP posts:
Original poster
Halosheart · 11/03/2016 09:35

Another thing he wanted to know was can they take his company car payment out of his statutory sick pay, whenever he actually starts getting it? They've still been taking the £29 a week out of his pay since he first rang in sick. And when he eventually gets paid sick pay its quite a dent.

OP posts:
Balletgirlmum · 11/03/2016 10:35

If it's statutory sick pay then the first 3 days are unpaid.

Balletgirlmum · 11/03/2016 10:36

I've just checked & deductions can be made from sick pay.

redhat · 11/03/2016 11:42

penfold it isn't really clear cut. It depends on what the surgery is. So if for example you were having an elective breast reduction but the purpose was to alleviate back pain that would be viewed differently from a breast enhancement for bikini purposes. The recovery time will always be sickness though if it's certified (and in many cases the GP will also certify the surgery day). If its just that the employee simply doesn't fancy coming to work with a bruised face after a facelift then clearly their doctor is unlikely to certify them.

Original poster
Halosheart · 11/03/2016 11:56

Managed to speak to someone who said his wages today were just sick pay. Actually £25 paid not £30, so £5 must be leftover in bank. So his half day holiday hasn't been paid for. So we are presuming paid for sick pay doesn't start until three days after the employer receives a sick note rather than from when the employee first rings in sick?

OP posts:
FatimaLovesBread · 11/03/2016 12:27

What date was he taken ill and went off sick? Although he did technically have booked as holiday.
And what date is the sick note dated from?

Balletgirlmum · 11/03/2016 12:43

It should be 3 days from the day he was first sick.

Is the sick note dated correctly? Did he do a self - very for the first 5 days?

Original poster
Halosheart · 11/03/2016 13:27

He rang in sick on Tuesday 16th, he was in hospital for 24 hours and released on the Wednesday where he told his employers he was fine as it was just pneumonia. Then on Friday 19th he ended up being readmitted to hospital as he actually had meningitis. He was kept in until the 29th Feb when his sick note is dated from. His employer was aware the whole time.

OP posts:
Balletgirlmum · 11/03/2016 13:33

Did he go into work on the Thursday?

If the sick note is dated 19th his sick pay calculation will start ftom that date.

He needs to print off or ask his employer to print off a self cert & date it 16th.

merrymouse · 05/04/2016 10:02

what is the company car payment - tax? a loan?

Original poster
Halosheart · 05/04/2016 10:43

£29 per week to use the company car.

OP posts:
merrymouse · 05/04/2016 11:03

If you are reimbursing the company that sounds as though it is a separate agreement between him and his employers. He could ask them to halt his payments until he is back on normal pay, but then he would still have to make up the payments - unless he doesn't have access to the car when he is sick.

wasonthelist · 05/04/2016 16:24

If you are sick again within 56 days of a previous sickness, you don't serve the 3 waiting days again for SSP purposes. SSP is 88.45 per week so really hard to get by on for any significant time.

Details - (scroll down for SSP)

www.gov.uk/guidance/rates-and-thresholds-for-employers-2015-to-2016

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