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Stressed and worried

14 replies

Ceraxefer · 27/02/2018 10:46

Hi i have written here earlier and got nice advice. I have carpel tunnel syndrome and my dr gave me a sick note until my surgery now my personal manager told me after 5 wks that she has given me authorised absence but not sick leave because of which i am not entitled to statuary pay. I have submitted my sick note and have gone to all the meetings with the management and OH. Cam they legally do that. What should I do. Why are they not accepting the fact that i am unable to work i am so depressed

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daisychain01 · 27/02/2018 11:05

What does authorised absence actually mean in your organisation though? If it means they continue to pay you normally, but don't add any sick days to your record, I'd say that puts you in a much better position both financially and employment history wise, because you won't be clocking up more sickness absence on your record.

Do you feel they are generally supportive of you and want you to continue working there?

flowery · 27/02/2018 12:02

Assuming this is unpaid 'authorised absence' then your manager doesn't get to make that decision. If your doctor has certified you as being unfit for work, then they can't force to you take another type of leave instead of sick leave, and they can't deny you statutory sick pay. Your doctor decides about your fitness to work (or otherwise), not a manager at your work who would rather not have to pay you SSP. Sick leave isn't something they 'give' you.

Ceraxefer · 27/02/2018 14:55

Its unpaid authorised absence. I am not getting paid anything its been 5 wks and i have no money in my bank

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flowery · 27/02/2018 15:33

Ok, you need to ask your employer in writing (email is fine) to confirm why they believe you are not entitled to statutory sick pay, as you have provided a fit note from your doctor covering your absence.

If they refuse to respond, or fail to give sufficient reason, you can raise it with the HMRC statutory payments disputes team. www.gov.uk/statutory-sick-pay/how-to-claim

daisychain01 · 27/02/2018 19:03

Have you run out of entitlement due to being off for longer than the statutory 28 weeks. Just wondering whether that's why they've moved you onto the unpaid authorised absence? I remember a bit about your previous thread where this has been an ongoing health issue for a long time.

Hope you manage to sort it out and they do the decent thing.

flowery · 27/02/2018 19:49

I’m sorry I was assuming when you said this happened “after 5 wks” that you meant you’d only had 5 weeks of sick pay. But yes Daisy is absolutely right, if you’ve had more than 28 weeks in total the issue may be that you’ve simply run out of SSP.

Ask them to clarify.

cakey87 · 27/02/2018 20:41

As others have said above if you have received ssp for 28 weeks your entitlement will have ceased. If not you need to submit your med3 this should then be processed by your employer and if you are not entitled to ssp from them they will issue you with a ssp1 form which you can then take to the benefits agency and apply for ESA.

Authorised absence would be better on your record than unothorised but this should have nothing to do
With receiving ssp I would speak to your HR department. Good luck

BewareOfDragons · 27/02/2018 20:50

I hope you get it sorted out, OP. Good luck with your surgery.

notapizzaeater · 27/02/2018 20:54

Did you work enough hours/pay in the previous weeks to be entitled to SSP .?

Ceraxefer · 27/02/2018 22:56

Thanks everyone for your replies I worked for 6 months and was doing 27 hrs a wk getting around £187 per wk. In these 6 months i have never called in sick or was late for work. I also took over time when my managers were stuck. I started having issues with my grip and pain in my shoulder neck and arm when i asked my manager to reduce my hrs which fell on silent ears. When i couldnt bear the pain i went to the dr who sent me for a nerve conduction test in which the consultant concluded that the nerves on both hands are trapped badly and i have to get surgery done on both hands. I informed my manager abt this and asked for a job modification they sent me on an emergency holiday and after a wk they expected me back. During that wk i went to my gp because of the pain and she signed me off until my surgery. Since then I have been asked to come for meetings in which they asked me to work a few hrs every wk. I told them i can do that in a few wks when i am feeling better. Now after 5 wks they informed me that i am not entitled to statuary pay because theu have given me authorised absence not the sick leave. How can they decide this when i have already submitted my sick note and i am getting treatment. I have the feeling tey2are just bullying me to come back to work.

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RumerGodden · 27/02/2018 23:03

Not sure how it works in the UK but after only 6 months, you may not be entitled to paid sick leave? And certainly not 5 weeks' worth?

flowery · 28/02/2018 06:38

If you’ve been working for them for 6 months you should definitely be getting SSP. As I said, you need to ask them in writing why they feel you are not eligible.

cakey87 · 28/02/2018 15:17

Don't understand how they are doing this? Ask for your med3 back and contact DWP to ask about claiming through them. There's lots of info on gov.uk regarding SSP which may help. Hope you get it sorted!

Ceraxefer · 01/03/2018 00:10

Thanks alot everyone. I have talked to DWP and they advice me to find out the reason. CAB told me they have had several similar issues in the last 6 months. Both of them asked me to take a witness with me this time. My next meeting is on fri. Lets hope for the best thanks again

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