can i quit my job on medical grounds

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  • terrig wrote: »
    Hi, when your hubby has been on sick for 21 weeks or so maybe earlier depending on his employer he should be asked to attend an appoinment with the occupational health therapist, if they agree that he can no longer do the job given to him, especially as he is awaiting surgery, they may either decide to attempt to find him another job, which sounds unlikely from what you say, or end his contract or medically retire him.

    If this be the case and he still cannot work he can claim ESA, other information that may be of help to you is :


    How long is Statutory Sick Pay paid for

    You will not get Statutory Sick Pay (SSP) for the first three days that you can't work, unless you were getting it within the last eight weeks. If you were off sick and getting SSP within the last eight weeks, you will get it again from your first day off work without having to wait for three days.
    SSP is paid for up to 28 weeks. If you are off sick with gaps of eight weeks or less, your days off sick are added together to count towards the 28 weeks. If you are off sick more than once with more than eight weeks in between, the periods you were off sick are not added together and the 28 weeks starts being counted again each time. SSP also stops three years after you first become entitled to it, even if you have not had 28 weeks of the benefit. If your employment ends while you are on SSP, your sick pay will stop too. SSP does not stop if you go into hospital while you are off work.
    When SSP runs out or you stop being employed, you may be able to claim Employment support allowance


    If you are off sick for longer than 28 weeks or if you do not earn enough to qualify for SSP, you may qualify for Employment and Support Allowance (ESA) instead. There are two sorts of ESA. One sort is called contributory ESA and it depends on whether you have paid enough national insurance contributions. The other sort is called income-related ESA and this depends on your income and savings. You can get either one sort of ESA or both sorts. If you get income-related ESA, you will automatically get the maximum amount of help with your Council Tax (rates in Northern Ireland) and Housing Benefit, as well as other means-tested benefits.
    ESA is paid by the Department of Work and Pensions and, for most new claims, it replaces an old benefit called Incapacity Benefit.
    For more about ESA and Incapacity Benefit, see Benefits for people who are sick or disabled.


    You are off work for long periods of time

    If you have long periods of time off work, your employer can contact Medical Services to decide if you are fit enough to do your job. Your employer contacts Medical Services through HM Revenue and Customs (HMRC). Medical Services may want to contact your own GP to ask about your medical condition but they can only do so if you give them permission.
    If the Medical Services report says you have been off work without good reason, your employer may refuse to pay you sick pay. You can appeal against this decision if you think it is wrong.


    Benefits whilst you are off sick

    If sick pay is your only income whilst you are off sick, you may be able to claim other benefits such as Housing Benefit and, in England Wales and Scotland, Council Tax Benefit.

    This link below has more information

    http://www.adviceguide.org.uk/index/life/employment/off_work_because_of_sickness.htm

    just copy and paste into your browser,

    as for DLA for your children, you really should claim it, it can be claimed even if your hubby goes back to work. Phone 0800 88 22 00 and ask them to send you a claim pack, they can be quite daunting to fill in but as somone suggested earlier if you have a CAB near by they will help in filling in forms and give advice, once they receive the claim pack they will normally contact your GP or specialist to gain more information, on occassion they may send out a vising Dr to your home, this is so that you can explain what care your children need, based on other children of their age, anyway Good luck

    thankyou so much for this post it is realy helpfull just what we needed my husband has been signed of work for 18 weeks all ready and still waiting for a date for his op so looks like it wont be long untill his company get in touch
  • notlongnow_2
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    i have herd that you can only claim for your children if you need to care for them more than you would normally well my children are 5 and 10 and need 24 hour care anyway regardless of there mental health or adhd so i have never botherd to claim for them

    I think that is a very noble answer.
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