Pay for phased return to work following sickness?

JackRS

A friend has been signed off work for some weeks with a stress related illness. Doctor advised to sign off for another 4 weeks but my friend suggested returning part time to try and get back into it etc as feared the longer they left it the hard it would be. They have contractual sick pay and have received this while off sick. So the doctors ‘statement of fitness for work’ says ‘not fit to work’ but in the comments proposes phased return on part time basis and to review in 2 weeks. They had a meeting at work last week where he was told that he could return part time initially, work 3 days rather than 5 days but would not get paid for the 2 days he was not at work. They suggested using some of his holidays for these 2 days a week to avoid reduction in pay. He feels he’s been penalised for trying to return.
However looking at the ACAS website and speaking to an advisor there they said that for contractual hours not work during phased return they should continue to be classed as off sick so should receive sick pay.

Does anybody have any relevant experience on a similar issue?

See below extract from ACAS website:

What does an employer have to pay an employee who is on amended hours due to a phased return to work?
An employee would need to be paid their normal contractual rate for any hours they work. For the contractual hours that they are not working during the phased return, they would continue to be classed as being off sick and so would receive whatever sick pay rate they are normally entitled to under their terms of employment. Where this is Statutory Sick Pay (SSP), the employer may need to contact HM Revenue and Customs to discuss what the employee's entitlement would be.

Alternatively, the employee may request to take annual leave for some of the contractual days they are not working if they want to receive their holiday pay (which should be paid at their usual hourly or daily rate) rather than sick pay. Any annual leave requests would still need to be made in line with company procedure and be authorised by the employer.

Blackbeard_of_Perranporth

As I had 10 months off last year, and a phased return (twice!!!). The phased return should be done through you Occupational Health.

The time that you are not at work, is classed as sick. As long as you are in a scheme or in the weeks allowed, you should recieve sick pay for the days that you are off.

Overall this is classed as one period of sickness, rather than multiple events. You still accrue leave at your contractual rate during the sickness. I endded up with nearly a full year to take in December.

I was fortunate to work for a decent company.