Can work do this?

[mumsofdragons]

Looking for advice, my health has declined massively this year. Which I took 4 months off half full pay and the other half SSP. I've been working for my company for 3 years, which has been supportive until I actually went back to work.

I have appointments once every 6 weeks, and work have always paid for hospital/doctors appointments. I unexpectedly needed a procedure done at the hospital, which took most up most of my shift, this has also left me in a lot of pain. I called in sick and now my line manager is saying I won't be paid for my app or for my sick days.

Contract explains I am entitled to 10 paid sick days for the year and I've only take 2 for this year (not including my recent one). I'm really stressed as it is, what is happening to me is completely out of my control. What can I do?

You said that you have taken 4 months off sick this year, but then later in your op you’ve only taken 2 sick days? Which is it as this will make a big difference.

My health conditions happened very suddenly, I took 4 months off, they were supportive until I went back to work. I've been at work now for 4 months, I recently had an appointment at the hospital, had a procedure and then as a result of that procedure I've taken a few days off sick.

I'm really sorry that you are struggling with your health. From what you've written it sounds like they are just applying policy. Ie. You have already had more time off than the allowed paid sick leave.

The annual entitlement to sick pay is generally dealt with as a rolling 12 month period, not a calendar year, so if you had any of your 4 months off in the last 12 months, it looks like this is being applied, hence your not having contractual sick pay.

Yes so you’ve used your 10 days sick time in the last 12 months, plus more that they gave you, so now any sick time is unpaid?

Thank you for your replies. The company's sick days reset in May, so I thought that as I didn't take my paid sick days, I should be entitled to them still?

Sick days are generally a rolling 12 month period not on an annual reset basis, are you certain that it's sick days that reset not annual leave?

You need an explanation From your employer, in my experience it’s always been a rolling 12 month period for sick pay

Is all of it, AL, sick days, unpaid leave. It all resets in may

I’ve never heard of this for sick leave, but that doesn’t mean it doesn’t happen! You need to speak to your employer, your manager may be applying the policy incorrectly

I've only heard of sick leave being on a rolling previous 12 months, not resetting on a set date.
So I think you need to check that out in your company policies or with HR. Then if it has reset you can ask, in writing, to be paid

It could be that you’re in the rolling 12 month period.

It could be discretionary.

It could be that you didn’t meet the reporting requirements to qualify.

It could be that appointments are treated differently to sick leave.

I suspect the fact they aren’t paying you for either the appointment or subsequent time off sick means that it’s probably the first one.

Was the appointment supposed to be during your shift? Was it planned and time off requested in advice? Most employers request that appointments are out of work time if possible and may request proof. Is your health covered as a disability? Have your appointments since May used up your paid sick leave?

*in advance

@LIZS The appointment was during my shift. It was planned for many weeks and I reminded my manager the week before. When I reminded my manager, they tried to tell me that it would be unpaid but I reminded my manager that all my appointments are paid (not used as sick days) they asked their manager and my manager then apologised and confirmed it is indeed paid. I have the review from the doctor with all the details that happened that day - so I have the proof. There is an OT currently involved and yes, my health conditions are covered by the disability and equality act. No, my appointments have always been paid as if I was at work - they don’t use my sick pay for appointments.

I have never heard of sick leave resetting like that so best to check your work policy

When I reminded my manager, they tried to tell me that it would be unpaid but I reminded my manager that all my appointments are paid (not used as sick days) they asked their manager and my manager then apologised and confirmed it is indeed paid

Firstly, do you have any written proof of this or is the paid time off for appointments a discretionary arrangement?

Your subsequent day off isn't an appointment so different rules would apply.
And, no I don't think this would qualify as paid sick leave if you are on rolling 12 month for sick pay.

I’ve never heard of a calendar rolling year, I’ve only ever heard of a rolling year. Think you need to check your policy OP to make sure.