fit notes sick pay etc advice pls

~daisy~_2

hi does anyone know if when you have a phased return to work on the new fit notes if for example you can get paid your wage for the work you do - say 20 hours - but then company sick pay if you still eligible to top up to your normal wage

my hub had a stroke back in jan - still has 6 weeks full sick pay left but wants to start a phased return but he boss seems to think he will only get paid for any work he does - hes hoping to do about 4 or 5 hours a day so that would put us in a much worse finacial position if this is the case ??

many thanks

andrea_louise

Hi Daisy,

If he returns to work (on his phased return) in the next 6 weeks, he will receive full pay. He can't be any worse off financially - than if he remained on the sick! There is some info on the internet about this, but I can't find it at the moment. Will post details when I can.

I did a phased rtw a couple of years ago and had been on half pay, I was worried about being paid for hours worked etc. So I tried to do an extra 2 hours a day, as it was my employer made my pay up to full pay anyway.

~daisy~_2

so regardless of hours worked - it should be on full pay when on a phased return ?

andrea_louise

Yes Daisy,

As long as he is back to full time hours before his osp would go onto half pay or no pay. He will receive full pay during the phased return.

Kind regards, and good luck to you both

andrea_louise

I found it....

Occupational sick pay

Where a worker has begun to receive occupational sick pay, and then returns to work on a phased or limited basis, they will receive full contractual pay for the work they carry out.

~daisy~_2

andrea - many thanks for that do you have a link to it in case we need to state our case ?

the bit that worrys me is where it says work they carry out - to me that reads you work 20 hours we pay 20 hours ?

so hubs contract is for 37 hours - so if he works for 20 hours he should be paid in full regardless ?

Weirdlittleman

OSP is a contractual benefit. It entirely depends on his contract.
It would be unsual however for them to do this.

If he is on SSP it wouldnt surprise me.

andrea_louise

Hi Daisy,

It was saved in my numerous docs on the hard drive, it's from 2007, but I dont have details of where it came from.

The following is available from www.tuc.org.uk/extras/fitnote.pdf


This should ensure that anyone who does return part time is no less off than if they were still on sick leave (as your hubby still has 6 weeks left at full pay - the Employer should honor it).

Andrea

~daisy~_2

Weirdlittleman wrote: »

OSP is a contractual benefit. It entirely depends on his contract.
It would be unsual however for them to do this.

If he is on SSP it wouldnt surprise me.

yes its part of his contract - up tp 6 months full pay as OSP for my husbands role and grade