Employee not fit for work. How does it leave her financially?

[Mia400000]

I have an employee who has been diagnosed by her GP with severe depression and she's been signed off work.

However she says she can't afford to go off sick so is still coming to work sporadically.

She's a single lady who works for me full time.

My business is very small. Her and 2 part timers.

Due to this, if she goes off sick, she will be on SSP only as I can't afford to pay her in full. I will have to get a temp to cover her work and can't afford to pay her and a temp.

The thing is, mental health is so tricky. She could be off for months.

Will she be entitled to any benefits to top up her SSP? Because she can't manage on SSP only.

But I can't manage with an employee who's blatantly not well enough to be in work so I will have to insist she goes off sick. But don't want her to be in severe financial difficulties.

She rents her home if that makes a difference to her benefits.

You sound like a very kind and caring employer.
I don't think she should be working if signed off as unfit and this could have some bearing on your insurance if you have staff working who are too ill to be.

She most likely will be entitled to extra support whilst on sick pay. She could use the entitled to website to check what help she could get.

After 3 months she would be eligible to apply for PIP.
She could also apply for ESA but I’m not sure on the timing for that.

Could you do something like contact a benefits adviser for her (with her consent)? She might be able to claim more, I'm not an expert, and she's much much more likely to be awarded money if someone helps her. Mind often have advisers, or at least they used to.

www.mind.org.uk/information-support/tips-for-everyday-living/money-and-mental-health/claiming-benefits/

Could you negotiate for her to reduce her hours? She would then hopefully get some benefits have a set sum coming in?

For Pip she would need to have a condition for at least 3 months and expect it to last longer than 9 months. Can take up to 3/4 months to complete process. She would need to meet the criteria.

She may be able to get universal credit to get help with rent. Can take up to 6 weeks before 1st payment.

ESA based on national insurance contributions can only be applied for after SSP finishes. Then she has to complete another form.

She may get sine help with council tax.

It all takes time for benefits sadly!

You sound very kind OP.

No real advise from me as I don't know but just wanted to say what a lovely boss you are.
We need more of you in the world.

Hope you can both work it out.

Thank you everyone. I will look into everything for her.

You can't insist she goes sick! That's a call only a doctor or she can make.
I'd write to her GP for advice on how long she may be unfit for work, but if she runs out of money and needs to work all she needs to do is tell her doctor she's better and they would likely sign her back as fit for work.

Would it be possible to suggest her fitnote includes any adjustments to facilitate her return such as reduced hours/days, revised duties etc so you can continue to employ her and arrange cover if needs be. You cannot speak to her gp though.

OP can write to the GP with questions, for a written esponse.

This is standard, employee will have to consent obviously and has the right to see the letter before it goes back to employer

Dr has signed her off - initially for 2 weeks. But she is resistant.

I've had a chat with her today and she's reluctantly agreed to have next week off.

If she's signed off, you can't have her on the premises as you aren't insured - I was well enough to return once before the end of my sick line and work said unless the GP officially rescinded it, I wasn't allowed in. It was only two days so I just waited.

However, could you ask the GP to sign her reduced hours? Then you could work her way back up. She may get more benefits if she's in work on a low income than if she's signed off completely.

Yes good idea re the reduced hours.

She can claim Universal credit. This would include a housing element and a personal element. The amount of SSP and earnings would then be taken into account as income. However she might still be entitled.

www.entitledto.co.uk

You might be able to put some figures in this, based on reduced hours and see if she would be entitled to in work benefits? I assume you don't know her rent or anything, but it might be a starting point for her

I guess if her stress about money is reduced she will get better quicker, so I really hope you find a balance that works

@NothingIsWrong

If she's signed off, you can't have her on the premises as you aren't insured - I was well enough to return once before the end of my sick line and work said unless the GP officially rescinded it, I wasn't allowed in. It was only two days so I just waited.

However, could you ask the GP to sign her reduced hours? Then you could work her way back up. She may get more benefits if she's in work on a low income than if she's signed off completely.

That might be what your work said but it's not the guidance from the NHS on fit notes.

From nhs.uk
You should go back to work as soon as you feel able to and with your employer's agreement. This may be before your fit note runs out.

You sound really kind OP but you're blurring the lines between employer and employee. If she's not well enough to be at work, then she shouldn't be there. You can't pay someone for a job that they're not competent enough to do.

Her financial circumstances aren't your responsibility. That may sound harsh but we had a very difficult situation similar to this and it ended up being a nightmare. You also need to be careful about claiming SSP then paying them on top for hours worked....... I'd have a chat to your accountant about that.

She needs to apply for Universal credit if she does not have savings over 16k. This will give her some help with rent. She needs to hand in sick notes to Uc as if she is off long term she will be assessed for work capability.
She cannot apply for Contributions based ESA ( New style ESA ) until her SSP has ended after 28 weeks and then it would be deducted from UC.
As other have said then she should apply for PIP if her illness affects her daily living activities and/ or mobility and she expects her condition to last another nine months. As you say it's often not possible to predict this as MH issues can improve significantly with effective treatment/ counselling etc.