When does sick pay end?

lukerichardson40

Hello all,

Thanks in advance for reading this, and I hope it makes sense.

I need some advice regarding when sick pay and absence due to sickness ends.

I work offshore on a 2/3 rota, 2 weeks away offshore, 3 weeks back home.

Recently I've suffered a bout of fairly severe depression. It's all dealt with and I'm feeling much better and back at work.

The issue is when work are considering me as no longer on sick pay and back on normal pay.

I had been poorly for a few months. I was signed fit to return to work on the 4/8/16. This was during my 3 weeks leave. So I did not return offshore until the 16/8/16 which was my usual rota. Work are considering me still 'sick' for those 12 days. It was their doctor I saw who signed me as fit to return.

Is this correct?

My analogy was as follows -

I go offshore on Wednesday (date A) as usual. 1 week later I turn my ankle and have to go back onshore and see a doctor. I receive treatment, and am certified fit to return 1 week later (2 weeks from date A). That means I have been 'sick' for 1 week. I am then on my leave rotation for 3 weeks. That 1 week sickness absence then turns in to 1 month because of my rotation. That doesn't make sense to me.

Any clarification or help or advice would be great.

Many thanks.

Luke

Torry_Quine

When did you inform work you were fit to work? From the 16th what were you paid ?

lukerichardson40

Thank you for the reply Torry

It was works own doctor, work knew the very same day I had the appointment, the doctor wrote the report and emailed it to HR while I was there (template, he just put in my specifics in a few sections).

From the 16th I received no pay, they claim I owe them £10,500(!!!). This is why I am asking really. Over the course of my illness I had 5 absences. The difference between the dates I was certified as fit to return, all by their own doctor, and when I actually did return due to my leave period, add up to quite some time which they are claiming I owe them for, despite being good to go back.

Torry_Quine

We're you not entitled to SSP? How long were you sick and where does the £10500 come from

lukerichardson40

Over the course of my illness I was off just under 6 months according to when I was signed fit again. Using the dates I was actually offshore is closer to 9 months. The 3 months difference is when I was on leave.

I am allowed 6 months full pay due to sickness. The £10,500 is what they say I was overpaid for the 3 months difference.

Am I making sense? Sorry if not, it's got quite complicated.

marliepanda

I'm assuming theyre taking issue with the fact youre only 'sick' on your rotation, so for every 2 weeks sick you're claiming three weeks normal pay.

Have they explained if you have hit some absence triggers. How many work days have you actually worked in the past 12 months. Does your last message mean you were on leave 3 months, 6 months sick and 3 months work?

theoretica

They are probably making the proportion of time you should have been scheduled to work but weren't match the proportion of time marked sick.
Imagine a teacher who works 3 equal terms (and has no sick pay!)- if they are sick for one term then then the employer won't want to pay them more than 2/3 of their salary.

The other question is if your employer could reasonably have changed the rota to send you offshore immediately you were fit, and if they do this for other people.

Torry_Quine

When was the 3 months in relation to the sick time?

lukerichardson40

i have a list of dates in a letter, I will write them up shortly.

I am allowed 6 months off on full pay, followed by 6 months on half pay.

The 6 months I am allowed off on full pay is inclusive of my leave. If I am sick and miss 2 trips offshore (4 weeks working), I am still 'sick' for the 3 week leave between those trip, which is fair enough I believe.

The trigger for half pay is 6 months off, including your leave on rotation if you haven't been signed fit to return.

Are you following? I'm sorry if I'm not explaining it too well.

lukerichardson40

To simplify it, I'll do it based on 1 rotation; 2 weeks away, 3 home.

1st WORK rotation.
Week 1. No problem, work as usual.
Week 2. Injury at start of week. Get sent onshore to the doctor. SICK LEAVE STARTS. 1 weeks sickness at the end of this week.
1st LEAVE rotation.
Week 3. Still injured. End of this week is 2 weeks sickness.
Week 4. Saw doctor at the start of week. Fit to return. TOTAL TIME 'SICK' is 2 weeks.
Week 5. Leave as usual.

Using that, I was sick a total of 2 weeks. But because work won't consider you off sick until you actually get back on the platform, that 2 weeks turns in to 4.

It's these couple of weeks which add up to cause the issue.

marliepanda

I imagine if that ratio hits a certain level they start to look at things with scrutiny. Same way that sickness close to leave triggers investigations in many other jobs.
Youre saying this has happened a few times and has added up...

Start to finish (the time you are talking about) ignore the sickness factor for a second.

1. What was your normal amount of working weeks?
2. How many weeks did you actually work?