Are my wife's employers in the wrong here re. Her sickness?

surflou

My wife was ill a couple of weeks ago and got a self cert from our doctors office which she filled in and signed.

Our Dr told her to take the week off and that she didn't need to give her a note, that she'd just need the cert so I took it to work for her and all was fine. The next Monday she went back into work, even though she still felt ill, she also went in the next day and then straight afterwards she went back to the Drs.

The Dr said she should take the rest of the week off before she ended up in hospital but still wouldn't give her a note, saying that although it was the same illness and it was within an 8 week period she had gone back into work for 2 days so all she needed was another self cert, which she got, filled out and I took in.

Her boss said she needed a Drs note this time as it was the same illness. I told her that the Dr said that wasn't the case andI said I would double check with the Dr and HMRC.

I called both and both said she just needed that self cert which she'd put in.

Now, payday is tomorrow and her Head Office is refusing to pay her for the second week because she had no note from the Dr.

So even though the Dr and the HMRC said she didn't need a note, she still isn't getting sick pay!

Surely this is wrong? Is there anything she can do about it?

Thanks in advance!

LittleVoice

Is she being paid for the time off sick? Is it just SSP or does the company pay above that? They can apply whatever rules they want when it is their money they are paying out.

marybelle01

The employer is correct. This is a connected period of sickness and what kind of sick pay she receives isn't relevant. She served her three waiting days last week and ssp is now payable throughout - whether she gets ssp or company sick pay. If she doesn't provide the doctors note then she cannot self certify for the same sickness again within such a short period.

surflou

It's SSP for the first week she was off, it's the second week they're refusing to pay without a drs note, even though the dr and the HMRC said she didn't need one. It can't be allowed surely???

surflou

marybelle01 wrote: »

If she doesn't provide the doctors note then she cannot self certify for the same sickness again within such a short period.

But the Dr refused to give her one saying that she only needed a self cert. How does she get a note from the Dr if the Dr keeps saying no???

Googlewhacker

Lets clarify, is this for SSP or contractual sick pay?

surflou

SSP I think...

Googlewhacker

if its SSP I would have thought that as she had gone back to work then because she went of ill again the self certification starts again.

Contractual sick pay they can attach whatever conditions they want to it

marybelle01

Honest. I deal with sick/ fit notes a lot. If you return to work then go off sick with the same condition it qualifies as the same period of sickness. The employer can claim ssp for all sick days after the first three even though there has been a short return to work. This is in your wifes favour. They are not being awkward -these are the rules for a connected period of sickness.

surflou

So what can we do? I was going to get her to call head office tomorrow

marybelle01

Grom the horses mouth http://www.hmrc.gov.uk/helpsheets/e14.pdf

This are the HMRC guidance. Uou will see clearly the rulesa round linking - it is counted as one period of sickness and thus has no addiitonal waiting days. But this won't be the case if she can't evidence her sickness, and because she used self-cert for the same sickness for last week, and as you have said, she returned to work still ill, the employer is entitled to ask for the sick note. it is up to them what evidence they will accept, not the GP nor the HMRC, TBH I think it is the doctor who is being bloody minded about this.