Can I do a second job whilst off sick from NHS role?

[SecondJob]

I'm currently off sick fairly long term as undergoing chemotherapy. I have the opportunity to do freelance creative work at home with something I would actively enjoy and find relaxing- think Calligraphy, for example. Would be an hour or two a week max probably and I would be able to decide how much I did.

Is this a bit dodgy? I'm a registered HCP and have every intention of returning to work once I'm in remission and well enough. Obviously can't be at work at present due to immunosuppression and side effects.

I don't want to stick my head above the parapet by asking my manager! If anyone has any insight I'd be very grateful, thank you.

I'm not very knowledgeable on the maternity leave aspect, its not something I had dealt with. I would be taking advice from HR on that one.

I would talk to them. I think it's always better to be up front. The Trust I used to work for had a very rigid Sickness Absence policy so I even got written permission to do some very short term and completely unrelated voluntary work when I was on long term sick leave as I suspect I would have had problems otherwise. Even then they were reluctant to sanction it despite the fact that my treating clinicians and Occ Health were all in favour. I would think it is better to be safe than sorry.

You can't if it is during your contracted working hours as that would be breach of contract. If it's outside of your nhs hours then in reality there's very little that can be done

Check your contract but it's usually not allowed to work another job whilst on sick leave.

No OP it wouldn't be allowed

Here’s a thread which highlights why you shouldn’t listen to people on the internet 🙄

Good luck with your recovery OP

Search Perry v Imperial College Healthcare @SecondJob

Wishing you a speedy recovery. Please don’t work if you are in receipt of occupational sick pay as it is fraud and you may be prosecuted (counter fraud would be contacted). If you are not receiving any payments then by all means speak to your manager first and/or if money is an issue as you’ve used up all your OSP you can ask to supplement your salary with any accrued annual leave.

I'm going against the grain a bit here, but I think it might depend if the work you are doing is commissioned work or if you are selling stuff you've made e.g. on Etsy.

If it's commissioned work then probably no... but talk to your manager.

If you're making stuff and listing it on Etsy or something, that is a bit more complicated because it could just be counted as selling things you own rather than employment/ paid work.

I think it's a little fuzzy. Personally I wouldn't declare selling things on Etsy, but I would talk to my manager about actual commissioned paid work.

@AmIThatMam
''no you can’t do paid work while on paid sick leave from your job,''

That's incorrect.

It is possible for an employee who has two contracts with the same or different employers to be incapable of work under one contract but capable of working under the other.

Someone can be unfit from one job, for example something that needs physical work and that they can't do if they have a broken limb or a damaged back, but could carry on with another role which only required computer work. Or you could be off sick for stress caused by one work environment but able to do perform another job that did not have any stress factors.

You need to look at your contract in term of what it say in term of taking additional employment in general and seek independent advice.

I don't see anything wrong with having that conversation with your line manager and asking whether you could do it based on their policy.

They know full well you have cancer and are receiving treatment, I don't see anything wrong with suggesting you want to occupy your time a couple of hours per week while you are at home and someone has offered to pay you for it.

Thats the link I posted on the first page 😉

Exactly this!

@DeltaAlphaDelta79 I bet some of the comments are making you crazy. We looked into this subject for my DH but he didn’t get signed off for long in the end so it didn’t matter. I didn’t realise it was the same case that you shared as it was the other day but it’s quite clear that based on what the OP has said it wouldn’t be an issue. I doubt they would have to ask their employer, just inform them but that’s a check with HR thing. I’m resisting tagging everyone with the link to show that the OP wouldn’t be committing fraud. It’s sick pay from an employer not PIP or benefits which I would imagine is completely different.
Like @FuchsAndMöhr said
Here’s a thread which highlights why you shouldn’t listen to people on the internet

Lol, a little bit but thats an online forum for you. It used to be considered fraud, but the case law I linked now supersedes it. Working while sick cases are now not as common as they used to be, probably rightly so!

I work in the same field now but not NHS, so it's still relevant.

Policies are just that, policies. They do not over ride the law, which is the trouble we always had putting across to managers, both in the NHS and outside of it!

You can but only if occupational health state that it would be beneficial for your recovery.
You absolutely need the permission of your employer. Otherwise it is misconduct

Well I asked my manager and they said no- it would be considered fraudulent to receive pay for a second job whilst off sick.

@PanPacificBallroomChampion and @DeltaAlphaDelta79 I appreciate you are actually probably right and more knowledgeable but I don't really want to push it and raise any questions. I can wait to do this as extra work once I go back to work properly, and will just focus on getting better for now. Thanks everyone for their input!

No problem OP. Best wishes for your recovery 😀

Defo considered Fraud in my trust. We’ve had many notices about this over the years