Sick leave query

[AdaMaryMartha]

Hi, I've recently returned to work after over a year's sick leave due to mental health issues. I used up all my sick leave and then had several months of unpaid leave. I couldn't fault my employer on how they dealt with it all, they were great. Now that I'm back I've been told that I'm not eligible for paid sick leave for 3 years. And that I won't even be eligible for statutory sick leave for around 6 months. I'm a bit taken aback to be honest and it's quite a downer in an otherwise great return to work. I had no idea thus would be the case. I presume it's correct but has anyone else had experience of anything like this? I find it hard to believe really. I'm worried about it affecting my stress levels to be honest and I don't want to backtrack on my recovery. I may not even need much sick leave but who knows what is around the corner...

Hi @AdaMaryMartha sorry to hear about your time off. I can't help you on the legalities I'm afraid, only to say that "paid" sick leave is I believe at the employers discretion and dictated by the company policy, so it may well be their policy that extended paid sick leave is limited. Do you have an employee handbook at all or does it say in your contract sick leave entitlement?

Company sick pay is their policy so have a read of that. There is usually a lot of discretion too.

Statutory sick pay is what it is, governed by statute. While you're possibly not eligible now (I don't fully know the rules, check on the .gov website) if that's the case there is another benefit you may be eligible for. Can't recall the name, used to be incapacity benefit. Might be employment support allowance or something.
Worth checking with CAB or someone but you can't stop yourself being ill so try not to worry about it.

Anything over and above SSP is payable at the company's discretion. There should be a policy you can refer to. No sick pay for three years sounds quite harsh, my employer links company sick pay periods in the same way as SSP.

SSP entitlement. has linking periods, so a period of sickness starting within 56 days of another is linked and considered continuous. After 56 days SSP entitlement starts again.

SSP stops being payable after three years if regular absences are being linked - I wonder if that's where your employer got the 3 yrs from?

Assuming you earn above the threshold, if you are off again within 8 weeks you're not entitled to SSP, but after 8 weeks your entitlement starts again. What they do with company sick pay is up to them though.

Link to gov site which sets out the rules clearly: www.gov.uk/statutory-sick-pay/eligibility

Thanks all. I did look at the employee handbook but it wasn't very clear on this situation. I did use up all my paid sick leave (6 months full pay), until I was on unpaid sick leave. But I feel that it can't be right to have to go 3 years now that I'm back at work before being eligible for any at all. (It's a big public organisation so not some fly-by-night outfit.) Most of the things I've read while googling this cover how long you can be off for etc, but I can't find anything about when you return to work- and how your eligibility is affected then. Maybe I should get in touch with my union, for them to advise as they'll know the specifics of this employer?

If there is a union then yes, ask them.

Usually the employer works on a rolling year so if you run out you're not eligible again until you are back and your last paid period is a year in the past.

Yes it is company discretion to pay sick pay they can decide never pay you again . Not sure about statutory though look on .gov website. But tbh why are you worried that you are going to on sick again in the next 6 months ?

Yes it is company discretion to pay sick pay they can decide never pay you again

If there is a contractual entitlement to OSP then it is not discretionary.

Ada, it's not unusual for occupational sick pay entitlement to be on a rolling basis, so once you've used your entitlement for a defined period you are not entitled until that period expires. Hopefully your union can clarify for you. SSP is also paid according to link periods of incapacity, until the periods stop being linkedb then your entitlement will start again.

I understand your concern. You're going to feel worried and anxious after returning after so long, and it's possible there will be stumbling blocks as you settle back in.

I'm in public sector too. The terms OSP terms are published in the employee handbook, and specify how your entitlement renews. It's not discretionary, except that in some circumstances the linking period for OSP purposes can be longer than 8 weeks if it's for the same illness. Other than that, the full six months entitlement renews after 8 weeks.

If you're in the union, go to them. It won't be the first time they've dealt with it and they'll almost certainly know the answer straight off.

Thanks all. @crazyinlove most people pick up some bugs/viruses at some point, the it's not just the next 6 months it's three years (although after 6 months I'd get £92 per week SSP). But I do also have a permanent health condition (entirely unrelated to my year of absence) which might flare up at any time. Being off work with a virus for a week, for example, would mean losing a quarter of my month's salary, which would mean I couldn't pay my rent...

Our newbies start on one month paid sick leave in the first year - central government.

Assuming you’ve had 28 weeks of SSP if you are sick again within 8 weeks you won’t get SSP as it will be classed as linked.

Seriously - you just had 6 months fully paid sick leave and you are feeling hard done by if you have to take unpaid leave if you go sick again in the near future . Jeez try working in the private sector. I had to take 4 months unpaid a few years ago to have an operation and had to save up in advance as I wasn't getting paid. Welcome to the real world.

It's a major reason why many of us want to work in the public sector. It's perfectly reasonable to want to know that you're getting what you signed up to.

What on earth is the point of posting being all hair shirt and bitter because you had to take four months off unpaid. If you want better sick pay, go and work somewhere that offers it!

New civil servants and most local government start on one month full one month half sick pay now on modernised conditions, and you accrue an extra month per year of service I think, up to six months full/half pay.

@cstaff you do sound bitter. You've actually spent time coming on here to post that? I've spent 15 years in my public sector job (obvs I'd be paid much much more if I did similar job in the private sector), and although I offered to take a sabbatical my HR dept suggested I take every bit of sick leave I was due as that's what it is for, and good employment benefits helped to offset the poor pay (they said). But yes I'm perturbed to discover I'm not eligible to paid sick leave for the next 3 years. I have no reason to feel guilty for that, it's a reasonable response. The whole 'welcome the real world' business just makes you sound a bit silly.

Not sure why you assume you'd be paid better in private sector. Public sector get a pretty good deal these days with pay rates, clear pay bands, pension and sick pay. My private sector role paid basic mat pay. Bizarre assumption.

Should add, I'm now public sector.