sick leave and salary calculation...

gentlepurr

Hi, hoping someone will be able to help me here!

I’m currently off work long term sick, have been off since the end of March, and have just been given a sick note for another ten weeks today.

I work full time, Mon-Fri, although my contract is worded such that I could be asked to fulfil my weekly hours outside of normal office hours, as and when necessary, (possibly inc weekends) although this has never happened in the six years I have been in post.

I am entitled to 49 days sick pay which my employers are saying is counted as a seven day week, so although I only work Mon-Fri, Saturday and Sundays are counted as days off sick. Question one, - can this be right? Are they allowed to do this?

Coupled with this, I was off work for four days last year, which was wrongly inputted as “sick” when it should have been “permissible absence”. My employers have agreed that this is incorrect, but in reimbursing me the four days they had originally included in my days off sick, instead of reimbursing me four fifths of my weekly salary, they have only reimbursed me four 365ths, which works out a lot less. Is this lawful?

Finally, not sure whether this is the right board or not, but DWP say I am not entitled to any benefits, even as a single parent to one child with a mortgage to pay, and I am now on employer paid SSP of £68 per week. Am I missing something here, or is this right? I have already looked at entitledto.com which doesn’t sort of fit my situation, and spoken to CTC office but of course child tax credit is paid retrospectively so they are unable to help, it just doesn’t seem to make sense

Sorry for the long post and it being a bit garbled, but I don’t know how else to put it.:o

liney

gentlepurr wrote: »

Hi, hoping someone will be able to help me here!

I’m currently off work long term sick, have been off since the end of March, and have just been given a sick note for another ten weeks today.

I work full time, Mon-Fri, although my contract is worded such that I could be asked to fulfil my weekly hours outside of normal office hours, as and when necessary, (possibly inc weekends) although this has never happened in the six years I have been in post.

I am entitled to 49 days sick pay which my employers are saying is counted as a seven day week, so although I only work Mon-Fri, Saturday and Sundays are counted as days off sick. Question one, - can this be right? Are they allowed to do this?

Coupled with this, I was off work for four days last year, which was wrongly inputted as “sick” when it should have been “permissible absence”. My employers have agreed that this is incorrect, but in reimbursing me the four days they had originally included in my days off sick, instead of reimbursing me four fifths of my weekly salary, they have only reimbursed me four 365ths, which works out a lot less. Is this lawful?

Finally, not sure whether this is the right board or not, but DWP say I am not entitled to any benefits, even as a single parent to one child with a mortgage to pay, and I am now on employer paid SSP of £68 per week. Am I missing something here, or is this right? I have already looked at entitledto.com which doesn’t sort of fit my situation, and spoken to CTC office but of course child tax credit is paid retrospectively so they are unable to help, it just doesn’t seem to make sense

Sorry for the long post and it being a bit garbled, but I don’t know how else to put it.:o

Are we talking about your companys enhanced sick pay scheme here? If so, why are they reimbursing you anything for the 4 days you had off because they would have paid you anyway, no?

Savvy_Sue

gentlepurr wrote: »

I am entitled to 49 days sick pay which my employers are saying is counted as a seven day week, so although I only work Mon-Fri, Saturday and Sundays are counted as days off sick. Question one, - can this be right? Are they allowed to do this?

They may be: if they would do the same for someone working only 3 days per week, then it would seem they are giving 7 weeks SSP, which may have been their intention. Try ACAS.

gentlepurr wrote: »

Coupled with this, I was off work for four days last year, which was wrongly inputted as “sick” when it should have been “permissible absence”. My employers have agreed that this is incorrect, but in reimbursing me the four days they had originally included in my days off sick, instead of reimbursing me four fifths of my weekly salary, they have only reimbursed me four 365ths, which works out a lot less. Is this lawful?

It's not the way I would have done it, TBH, so I would challenge this. Do your own sums: divide your annual salary by 52, then by 5, then multiply by 4 and suggest to them that this is what they should have done. If they see it worked out they may see why their method was wrong.

Other benefits: Council Tax Benefit, Housing Benefit if you are renting.

gentlepurr

Savvy_Sue wrote: »

They may be: if they would do the same for someone working only 3 days per week, then it would seem they are giving 7 weeks SSP, which may have been their intention. Try ACAS.

It's not the way I would have done it, TBH, so I would challenge this. Do your own sums: divide your annual salary by 52, then by 5, then multiply by 4 and suggest to them that this is what they should have done. If they see it worked out they may see why their method was wrong.

Other benefits: Council Tax Benefit, Housing Benefit if you are renting.

Thanks Savvy_Sue, i had been tempted to ring ACAS but never having been on SSP before and never needing to find out how the sick days worked i had wondered if this was the norm. The more i think about it, the more unfair it feels, i'll give them a ring.

To the apportioning of my pay over 365 days, i had worked out my 4/5ths of a week salary and im £90 worse off the way they calculate it. I have spoken to payroll and my line manager about it, but they havnt budged

Ive now applied to the council benefits section for reduced council tax on the grounds of low income, DWP had told me i couldnt claim, but it seems from my local council that i can!!! Gawd, i feel like a pig after truffles trying to track down any help :mad: Just does my head in after paying my dues for the last thirty-odd years.......

Anyway, thanks again SS x

Savvy_Sue

I've just thought of another way for them to look at it, which may help them see how unfair this is.

If someone on the same salary level as you but working 5 days a week needed to have 4 days' pay calculated, would they get the same result? Their annual salary is obviously higher, because they work more hours per week, but if they are working the same number of hours per day then four days pay for them should be the same as four days pay for you. Which under their calculations it isn't ...

Good luck ... and do ring ACAS!