Annual leave then sick leave question

[eclipse1808]

Hi, I broke my big toe yesterday. Went to the walk in centre where they put like a splint thing on, straightened it and sent me on my way. I didn’t think to ask for a note for work.

I contacted my manager as my job requires alot of walking / general moving around and he’s been brilliant. I asked to take a week off as annual leave and he confirmed that, so my pay wont be any different for now.

However i’m thinking it might take longer than a week to be able to return to work. After using a weeks annual leave (all i’ve got to use) can i then go on sick leave & claim SSP? I know you can’t claim it for the first 4 days or something so how would that work with having annual leave first? I’m guessing I can’t do that and will have to be unpaid leave?

Also as I don’t have a note from the walk in centre, would my GP give one a week from now or not?

Anyone? Thankyou

Hi eclipse,

Don't worry, this is all quite simple, and you'll be fine!

You're right, SSP isn't payable for the first 3 days, the £92.05 per week only kicks in from your 4th day of sickness.

If you go to your GP and explain your situation, plus the fact that you're only entitled to SSP (and have no contractual sick pay entitlement) and you therefore need a fit note from the date you broke your toe, they'll give you one. GPs normally give out fit notes based on what patients tell them with no evidence, as they have no incentive not to do so whatsoever (speaking as at the daughter of a GP here, so no disrepect meant!)

I also must point out that you really shouldn't have to take annual leave when you're sick. I can understand you doing so to avoid having unpaid days if you're only entitled to SSP, but I would go back to your boss and say you'd like to processed as off sick from the day you broke your toe, so you'll start getting SSP from the 4th day (so Monday, in fact, as it's calendar days that count, not working days). Assuming you work full time, Monday to Friday, you'd then be entitled to about £75 SSP next week, then £92.05 per week after that.
You can of course ask if you can use your annual leave for the 3 unpaid days, if you want, or even stick with the full week. That way you'll get more pay, it's in your employer's interest too as it reduces the amount of time you'll be off (since you won't be able to take that holiday later) but they still should pay you SSP from yesterday.

Good luck! Let me know how you get on. And hope your toe gets better quickly!

Hi thankyou so much for taking the time to reply. You’ve helped loads thankyou