12 month sick pay rolling contract

Bixby

Hi can anyone help?

My employer has a 12 month sick pay rolling contract. We get paid 8 sick days per rolling year. I've looked at pay slips as far back as I can access them to March 2016 and although I've been off sick a few times, I can't see any sick pay. I can see SSP but not company sick pay and I'm almost certain I've not had company sick pay for well over a year, I thought it was around March 2016 but being it's not on my payslip it must be prior to that. I'm having a massive dispute with my employer at the moment because I'm being told that I'm not entitled to it and I've taken time off in November for 6 days and currently sick now from 1st December. My last time off prior to this was in Jan 2017. From my understanding, an employer would look at the last 12 months from when I was off, so 1st December 2016, and see what pay I've had and if I've had sick pay they would give me any remaining days, if any? I can't see at all that I've had company sick pay as it usually shows on our payslips as SICK PAY not SSP, so surely that means it's been over 12 months that I've been paid which means I'm due sick pay?

Takeaway_Addict

Bixby wrote: »

Hi can anyone help?

My employer has a 12 month sick pay rolling contract. We get paid 8 sick days per rolling year. I've looked at pay slips as far back as I can access them to March 2016 and although I've been off sick a few times, I can't see any sick pay. I can see SSP but not company sick pay and I'm almost certain I've not had company sick pay for well over a year, I thought it was around March 2016 but being it's not on my payslip it must be prior to that. I'm having a massive dispute with my employer at the moment because I'm being told that I'm not entitled to it and I've taken time off in November for 6 days and currently sick now from 1st December. My last time off prior to this was in Jan 2017. From my understanding, an employer would look at the last 12 months from when I was off, so 1st December 2016, and see what pay I've had and if I've had sick pay they would give me any remaining days, if any? I can't see at all that I've had company sick pay as it usually shows on our payslips as SICK PAY not SSP, so surely that means it's been over 12 months that I've been paid which means I'm due sick pay?

If you are paid a salary it may be in that figure which presumably would not have reduced back in January?

Mr.Generous

Where I used to work we did a rolling 12 months sick pay, however 2 other things to consider. Sick pay was a discretionary payment, we tended to look at attendance over a few years for longer servers. If someone had no sickness for 5 years then a run of bad luck for example you would take a different view to someone who was off 10 days every year.
We also looked for cynical abuse of sick pay - people actually went to HR dept to see when their last sickness dropped off the 12 months to see when they could be off next and get paid.
Tricks like that tended to attract no sick pay and a written warning for poor attendance. I often stipulated a period during which no sick ay would be paid for any further absences as an additional penalty to the warning.
Check your employees handbook carefully before you get into "A massive dispute".
Might be easier to improve attendance or look for a less demanding job.

TELLIT01

Company sick pay often isn't shown as a separate item to normal pay/salary. If you were being paid more than the basic SSP figure when off sick, you were receiving company sick pay. SSP isn't payable until the 4th day of sickness so, if you didn't have any days unpaid, you were in receipt of company sick pay.
Irrespective of that you indicate that you were off for 6 days in November, are now off sick again from 1st December, and were off in January this year. Allowing for weekends you have had a minimum of 12 days sick in the rolling 12 months.

Bixby

Yes I've had more than 12 days off in 12 months but my company have never said you only get sick pay if you have 8 days or less. There's never been an issue with my sick pay before. My team leader didn't seem like she was confident in what she was telling me and he had to speak to HR. I've been with the company 6 years and where she has been with the company a year. I don't get paid salary so the times I've been sick there has been a deduction in my pay, even with SSP there's been a deduction because SSP is not full pay. On our pay slips it's always shown sickpay when we've been paid by the company

Bixby

Also SSP is something we get once we've been off 7 days and with a doctors note. There's a couple of times I've been off for maybe a couple of days so seen a deduction in pay but no SSP as not entitled

Bixby

Also, I can't improve attendance if I've been genuinely sick. Not that you need to know this but some of my sickness has been through miscarriage and some had been through depression. Would you be able to work in them situations? Also, my sickness is not because my job is too demanding. I like my job.

Takeaway_Addict

Bixby wrote: »

Also SSP is something we get once we've been off 7 days and with a doctors note. There's a couple of times I've been off for maybe a couple of days so seen a deduction in pay but no SSP as not entitled

SSP should kick in earlier than 7, normally there is only 3 waiting days I believe.

sangie595

Company sick pay is determined by company policy, not the law. So the employer is the only person who can answer what your entitlement would be.

TELLIT01

Bixby wrote: »

Also, I can't improve attendance if I've been genuinely sick. Not that you need to know this but some of my sickness has been through miscarriage and some had been through depression. Would you be able to work in them situations? Also, my sickness is not because my job is too demanding. I like my job.

I wasn't questioning the fact that your illness was geniune. As sangie says, the only place you can get definitive answers to your questions are through your employer.