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Unpaid parental leave or sick?

4 replies

Bizzybee22 · 10/09/2019 18:48

Hello,
I would like some opinions please.
To cut along story short my 2ds started school last week so I had planned 2 days unpaid parental leave on the Weds & Thurs to see them in.
I was then really ill all the week. Went to work the Monday got sent home, I was ill Tues through to Friday. Only returned yesterday (Mon)
My employer told me I will not get sick pay Weds / Thurs only Mon/Tues/Fri. I’m annoyed as I was sick I feel I should get paid sick all week. I’ve worked for them for 25 years I don’t take the pi*$%#. This is first time I’ve taken unpaid, do I have a case to complain?

OP posts:
Lazypuppy · 10/09/2019 19:29

But you were never due in on the weds/thurs, and were happy to take it as unpaid, which is what you have now got so i don't see why you would get sick pay?

Spam88 · 10/09/2019 19:48

I'd have assumed you'd get it as sick leave, in the same way as if it had been annual leave you'd be entitled to cancel that and take it as sick instead. That's just my opinion though.

mollibu · 10/09/2019 22:09

Agree with LazyPuppy OP. You had already prebooked the parental leave so I would assume that you still take those days as PL rather than sick.

flowery · 10/09/2019 22:37

Annual leave is different- you are not expected to lose annual leave by being sick, so you get the leave back in those circumstances.

But these two days were planned unpaid leave, and you’re not entitled to statutory sick pay for days you are not normally due to work. I’m genuinely not sure what happens in these specific circumstances. I would imagine if you are on unpaid family leave that would be ineligible for SSP, just as if someone were on unpaid maternity leave they wouldn’t be entitled.

However, you don’t get paid SSP until the 4th day anyway, so I’m not sure it would have made any difference, if they paid you for the Tuesday and the Friday?

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