Off sick on no pay - still employed?

andrean

My OH will shortly go on to no pay (currently off sick and on half pay). Suffice to say he may have to go back to work despite health issues.

If he does not go back to work then can his employer keep him "on the books" for as long as they choose to do so? Can they legally do this (whether it's reasonable or not)?

Thanks you very much

LittleVoice

andrean wrote: »

My OH will shortly go on to no pay (currently off sick and on half pay). Suffice to say he may have to go back to work despite health issues.

If he does not go back to work then can his employer keep him "on the books" for as long as they choose to do so? Can they legally do this (whether it's reasonable or not)?

Thanks you very much

He is employed unless or until he resigns or they dismiss him.

It would be unwise to resign.

Though he is not paid a wage/salary, he is still accruing statutory leave entitlement.

mazza111

How long has he been off sick? Has he had the 28 weeks SSP. If he's had that then he should claim ESA, even if he's still employed. His employer should inform him when his SSP runs out.

andrean

thank you Littlevoice and Mazza.. He's been on half pay for the last 6 months (full pay prior to that). Now it's ending. I guess ESA is the way to go. Can this be paid for the half pay 6 months also? His employer have sent details but it's been difficult for him to deal with (there is an awful series of events that has led up to this point).

I will go and look for ESA info.

mazza111

Usually the SSP is included in the half pay sick pay, the company pay makes the rest up to half pay iirc.

Mrs_Ryan

I thought that too, but I work for the NHS and I'm currently getting half contractual pay plus SSP on top.

mazza111

Yes, but usually, the SSP is included in whatever pay he's getting, which was what I was trying to get at. Sorry, I could be wrong though, I only lost 2 days of work due to my injury before I was medically retired

Mrs_Ryan

No need to apologise, i was convinced exactly the same thing, but I think it just depends on the employer

cymrumam

Make sure he asks for the pay for his leave in the year he becomes entitled to it otherwise you lose it under a recent ruling.

LittleVoice

cymrumam wrote: »

Make sure he asks for the pay for his leave in the year he becomes entitled to it otherwise you lose it under a recent ruling.

I haven't checked but think that is only where the entitlement is above statutory minimum but that statutory leave can be carried forward.

Added: The case went to Appeal and judgment upheld
[FONT=Arial,BoldItalic][FONT=Arial,BoldItalic]NHS Leeds v Larner [2012] EWCA Civ 1034[/FONT][/FONT]

That was in March 2012. Anything more recent?

pinklady21

Hi
Sorry to hear your OH is unwell.

In your shoes I would:
1. Check the contract of employment - is there any entitlement to permanent health insurance after a certain length of time off sick? (some companies offer this as an employee perk) If there is cover, then advise the company's HR dept if there is one, that you wish to apply.

2. Check if you have any private critical illness cover that might kick in when any contractual sickness benefits from an employer end.

3. Consider whether you have any claim against the employer relating to sickness / injury caused by the events leading up to the period of sickness. This may be very difficult to prove, and you will almost certainly need the help of an employment lawyer. Check your house insurance - is there any legal cover included - might be called Legal Helpline or similar. Call them with a summary of the facts and see what they say.

4. Yes I believe you can claim ESA if you are off sick even if you are still in employment. If you qualify, there are two types of ESA - contribution based and income based.
As your OH has been working, he will probably qualify for contribution based (as it is based on your National Insurance contributions)
He will probably have to go for a 'medical' assessment, but in the meantime he will probably receive the assessment rate of benefit - better than nothing.

5. If he remains on sick leave he will be entitled to Statutory Holiday Pay - I think this is 20 days per year. Again would have to ask employer to pay it to him. Might be best to seek legal advice on this one first, in case they then decide to fire him - they shouldn't, but some employers would.

6. Above all he should NOT resign, as then he loses any potential rights and contractual benefits and would probably have to try and claim contructive dismissal.

Sorry - lots in there - best of luck!
Kind regards
Pink Lady