How long off is reasonable for a Broken Finger?

Mistral001

Gingerdad

You have not said, what sick pay policies you have? In law there is no requirement for an employer to pay a person who is off sick as far as I am aware.

I found that out when I was was once an employer. I was surprised about it. Paid the few days that my employee was off each year anyway, but when I discussed it with other small employers, I found out that many just did not pay anything at all, so i was being generous according to them.

the employee can apply for statuary sick pay but that does not come from the employer.

skintandscared_2

Mistral001 wrote: »

Gingerdad

You have not said, what sick pay policies you have? In law there is no requirement for an employer to pay a person who is off sick as far as I am aware.

I found that out when I was was once an employer. I was surprised about it. Paid the few days that my employee was off each year anyway, but when I discussed it with other small employers, I found out that many just did not pay anything at all, so i was being generous according to them.

the employee can apply for statuary sick pay but that does not come from the employer.

Was just going to post the same thing. Our firm (large City solicitors) has a discretionary policy that they will usually only pay a maximum 4 weeks' sick pay in any one calendar year (certified or otherwise, except for sickness involving pregnancy) - otherwise it's up to the employee to apply for SSP. You don't have to pay him while he's off sick. That might stop him getting repeat sick notes from the docs...

SandC

A lot of this kind of thing does depend on the GP concerned as well. Some of them will just write a sick note based on 'I've broke my finger and can't do my job so can you sign me off?'. Although now they have to provide a 'fit for work' type note rather than the other way around.

Either way, advice is needed and definitely a second opinion.

I use a keyboard all day but I'd come in with a broken finger cos there is always stuff I could do although I have known of scenarios where the person is willing to do light duties but the company hasn't had anything suitable.

Lovelyjoolz

I'm inclined to agree with scheming_gypsy's last comment, even tho I'm a girl too!

He is taking you for a mug. Don't let him. Tell him he can either a) come back to work tomorrow for alternative duties (deputy tea-boy will do as long as he's working for you and not, possibly, working for someone else or sat on his fat !!!!!);
or b) sling his hook.

RBS discipline after 30 days sick - even serious illness. In fact I know someone who ended up on a final written warning because he had stomach cancer and had to take time off for Chemo.

Good luck!

gingerdad

katu wrote: »

As his employer you also have a duty to care for his welfare.
You say that he would be fit to do the job because you are down a staff member but his GP has stated otherwise.

If you really think that he is fit to work then you need to consider getting an independant second opinion.

Have you actually found out what he has done? Has he had to have anything done to it etc.... ?

He has been into see me, and its just a broken finger, hes signed off by the doctor and thats that, if he gets a fit note then he can come back. but i can't see that happening, my concern is i think he's about to get another sick note.

i'm trying to cover his jobe with temp staff as best i can, this is our peak season so just frustrated.

gingerdad

Mistral001 wrote: »

Gingerdad

You have not said, what sick pay policies you have? In law there is no requirement for an employer to pay a person who is off sick as far as I am aware.

I found that out when I was was once an employer. I was surprised about it. Paid the few days that my employee was off each year anyway, but when I discussed it with other small employers, I found out that many just did not pay anything at all, so i was being generous according to them.

the employee can apply for statuary sick pay but that does not come from the employer.

SSP is our sick pay policy.

westv

Lovelyjoolz wrote: »

RBS discipline after 30 days sick - even serious illness. In fact I know someone who ended up on a final written warning because he had stomach cancer and had to take time off for Chemo.

If true, then that really was extracting the urine - from the other side of the fence

Bigmoney2

Lovelyjoolz wrote: »

RBS discipline after 30 days sick - even serious illness. In fact I know someone who ended up on a final written warning because he had stomach cancer and had to take time off for Chemo.

Good luck!

I think this would be covered under the DDA, so the unfortunate chap with cancer could possibly have a case against the employer for discrimination.
Allowing time off for hospital appointments/treatment would be considered a reasonable adjustment, but don't think they are obliged to pay.

KiKi

katu wrote: »

You have to be careful with that because they could say it's discrimination

Having a broken finger - as far as I am aware - does not impact your race, nationality, ethnicity, gender, sexual orientation, marital status, religion, age, colour; nor does it make you disabled or pregnant.

It would not be discrimination.

He's totally having you on. Do you have a policy on sickness absence, OP? (Apologies if you've already been asked that!)

KiKi

Uncertain

gingerdad wrote: »

SSP is our sick pay policy.

So, assuming you are a fairly small business, this is not actually costing you a great deal as you indirectly get the SSP back from the government.

Equally the employee is taking a considerable cut in income - it is not as if he is getting full pay.

You could reasonably request that he sees an independent doctor (at your expense) or that he agrees to his GP writing a report (again you would have to pay a fee).

Without a clear written sickness policy (and it doesn't sound as though you have one) and / or professional medical advice you are leaving yourself wide open if you take action.

Probably not what you want to hear I'm afraid!