Return to work/sickness

StressedTired · 21/02/2021 16:29

Monday is sick leave. Then Tuesday is either day off or work. Has the manager misunderstood? Perhaps he's seen 22nd and just assumed it was back to work on 22nd. Just flag it up to make sure you get the sick pay.

MotherExtraordinaire · 21/02/2021 17:20

@Mumofoneandanotherontheway

Hi all,

It’s a difficult one to explain but I will try as I need some urgent advice please.
Partner has a sick note 8/02-22/02.
He works 40hrs over 5 days & remaining 2 days are off.
His manager has done next weeks rota as:
M - day off
T - day off
W - work
T - work
F - work
S - work
S - work
Is that right? As technically he’s still off sick on Monday, so should he not mark it as sick & not a day off? (As he would get paid for sick and not for day off)
Many thanks

In reality, it matters not, other than it appears he has had one less sick day than has, which is beneficial if job hunting.

Ultimately, if he's two weeks off sick with note, then he's been paid for working 40 hours each of those weeks. And we're now in the next week. So you'd receive normal pay the way this is recorded as opposed to ssp for Monday and only 4/5 of weekly pay.

Mydogruns · 21/02/2021 17:43

Does he still feel sick - is he ready to go back to work? If he's ready to go back to work then he should go back. If I'm ill at the weekends I don't expect my employer to give me two days off in lieu during the week. Essentially his Monday is his weekend.
But you can argue the toss - will that work in his favour?

Original poster

Mumofoneandanotherontheway · 21/02/2021 17:47

He’s feeling better again not 100% but he doesn’t think he needs to get another sick note.
His manager hasn’t misunderstood and knows his sick note ends 23:59 on 22/02.
Yes it benefits the company if he does it the way he’s done it, although another manager in the company said that’s not how he would do it. He would class the Monday as sick, give him 2 other days as his usual off & 4 days go into work.

OP posts:

Mydogruns · 21/02/2021 18:05

I think it's a grey area -when did he get his hours for next week - has he sat on his objection to them for a few days - the longer he has left his objections the worse it will be to reorganise? How secure is his job - How well does he get on with his manager. How much sick leave has he had - these things will determine how much he can push things (although maybe they shouldn't - we all know they will)

kaco · 21/02/2021 18:32

If this is your husbands allocated shifts, then he starts back on Wednesday. He isn't entitled to another day off just because his last sick day lands on a day off (Monday).

Moondust001 · 21/02/2021 18:39

@kaco

If this is your husbands allocated shifts, then he starts back on Wednesday. He isn't entitled to another day off just because his last sick day lands on a day off (Monday).

This.

If I am sick on Saturday and Sunday, I don't get another two days off in the week.

Original poster

Mumofoneandanotherontheway · 21/02/2021 18:48

His days off every week are different. So this week he’s put them as Monday & Tuesday, but next week could be Friday & Saturday.
His manager has had the sick note since 8th Feb. He sent him the rota yesterday evening.

OP posts:

Original poster

Mumofoneandanotherontheway · 21/02/2021 18:52

Moondust001 of course if he’s sick he doesn’t expect the company is going to give him an additional day off, it doesn’t work like that.
How ever this is a sickness that’s gone on for 4 consecutive weeks.

OP posts:

Original poster

Mumofoneandanotherontheway · 21/02/2021 18:54

mydogruns he got given his shift for the week yesterday evening. He asked his manager about the Monday straight away. He’s been there 2years. He’s been off for 4 consecutive weeks. He pretty much gets on with his manager they’ve never had issues...

OP posts:

Mydogruns · 21/02/2021 19:40

@Mumofoneandanotherontheway

mydogruns he got given his shift for the week yesterday evening. He asked his manager about the Monday straight away. He’s been there 2years. He’s been off for 4 consecutive weeks. He pretty much gets on with his manager they’ve never had issues...

So if he asked his manager about the Monday and he said he was expected to come in and your dh doesn't agree? - how far does he want to take this? Next level of management? HR? Asking on here is pointless. You should call ACAS if you want legal clarification.

rwalker · 21/02/2021 19:48

Yeah it's fine normal rota but he's still off sick when he's on his day off. They have done nothing wrong .
Obviously it would of been better for DH if Monday was a working day as he would of got another day off. This way it does work out better for the company but it is not wrong.

MotherExtraordinaire · 22/02/2021 05:37

@rwalker

Yeah it's fine normal rota but he's still off sick when he's on his day off. They have done nothing wrong . Obviously it would of been better for DH if Monday was a working day as he would of got another day off. This way it does work out better for the company but it is not wrong.

Absolutely this. When you work any 5 days out of 7, this means that you can be expected to work any 5 of them. So, for him, he's not expected to work Monday and Tuesday. I get that means he technically shouldn't have worked 20 days out of the 4 consecutive weeks and that hasn't changed if he had been rostered to work Wednesday to Sunday inclusive which you'd never know, as he was sick. I get that the rota works in the employer's benefit as he still has to work 5 days this week, but that's the way it works with rolling weeks.

Moondust001 · 22/02/2021 11:58

@Mumofoneandanotherontheway

Moondust001 of course if he’s sick he doesn’t expect the company is going to give him an additional day off, it doesn’t work like that. How ever this is a sickness that’s gone on for 4 consecutive weeks.

But I must assume that he isn't the only worker and that the manager arranges the rotas for everyone, not just for his convenience? Even if people are off sick, they are still scheduled for days in work and days off - then if they aren't available you must also arrange cover. The manage can't base everything on predicting your OH's sickness. Just because there is a fit note for specific dates is meaningless - people may return to work early if they feel better, and equally they may not return at the end and just produce another fit note. So the days that he is on the rota to work are based on everyone, not just on your husband.

LApprentiSorcier · 22/02/2021 12:10

What really matter is whether your DH is fit to go back to work on Wednesday. If he needs more time off he should go back to his doctor and discuss extending the sick note, rather than asking his employer to juggle his shifts.