Long Term Sickness

ashpan

Ive been off work for over 6 months and go onto half pay this month, which. may force me to try a phased return.
Im worried that if the phased return fails, what happens next, how long do i have to 'try' to return to work?, when will i go back onto full pay?, if my return fails do i stay on half pay or do i go back onto full pay for the time I've tried to work?
thankyou

TadleyBaggie

More detail in their original threads:

https://forums.moneysavingexpert.com/discussion/6218893/long-term-sickness-lgps#latest

https://forums.moneysavingexpert.com/discussion/6218537/retirement-on-ill-health-grounds#latest

KatrinaWaves

It would be rare for you to go back onto full pay, unless you had an extremely generous sick pay (and I mean extremely...)

As for the RTW/phased to return, if you cannot manage it, then you do not have to continue, and you will most likely continue on half pay. You will not go back to 6 months of full pay just because you tried a brief phased return... otherwise everyone would go back for a week on light duties/phased to get their 6 months back. You will likely never go back to full pay unless you go back to FT normal work for at least over a year.

Undervalued

ashpan said:

Ive been off work for over 6 months and go onto half pay this month, which. may force me to try a phased return.
Im worried that if the phased return fails, what happens next, how long do i have to 'try' to return to work?, when will i go back onto full pay?, if my return fails do i stay on half pay or do i go back onto full pay for the time I've tried to work?
thankyou

It depends entirely on your employer's policies and procedures as your sick pay way exceeds the statutory minimum.

Is your sick pay is a hard and fast contractual entitlement (some schemes still are although that is becoming increasingly rare)? These days most schemes have the word "discretionary" somewhere. If so how long the employer is willing to go on paying is largely up to them.

Any phased return to work is likely to be very part time, at least at first, so the employer may well take the view that they are more than paying you for any work done in the half pay. If you do more work than half pay would fairly cover then there is a strong argument that you should be paid pro rata.

With this level of absence you must understand that many employers would be working towards a capability dismissal by now so I would not push your employer's considerable good will too far.

If you are 100% certain your sick pay is a contractual right then there is little to be gained by your employer terminating your employment before the sick pay runs out as they would still have to pay it. There is case law to support this.

ashpan

How do I find out if my sick pay as a contractual Right, I work for a local authority so presumably they are all pretty standard?

Savvy_Sue

Look at your contract. Historically, yes it was pretty standard to receive full pay for x weeks and half pay for x weeks - sounds like you've got 6 months of each.

However it will probably have a get out clause these days, with a 'normally' tucked away in there.

Gavin83

It's amazing how many people suddenly feel loads better when they lose their full sick pay.

OP, ultimately the pay is irrelevant. Either you're well enough to return to work (in which case you should be returning, half pay or not) or you aren't well enough to return to work, in which case you shouldn't and should probably be considering your future with the company.

You can't expect to stay on sick leave forever earning your full salary. Your sick pay terms are already generous and at some point you and your employer have to accept you probably won't be returning. As someone who also works in the public sector I'd expect after 6 months (depending on the reason for the absence) to start winding the employment down on capability grounds. If it was a long term illness like cancer I'd likely be a lot more flexible than if it was due to something like workplace stress.

OP, assuming the full pay would continue when do you feel you'd be able to return to work? You are getting to the stage you really need to work with your employer here if you want to keep your job.

TBagpuss

If you try a phased return I would expect you to be paid your normal rate for the hours you work, you might get the half-pay under the sick policy if that is higher.

In most cases, you would not 'reset' to full pay while sick if you then went off sick again because you were not fit to work, you would carry on where you left off. 

You would go back onto full pay once you are able to go back to work full time

ashpan

Gavin83 

OP, assuming the full pay would continue when do you feel you'd be able to return to work? You are getting to the stage you really need to work with your employer here if you want to keep your job.

This is a long term condition, I don’t realistically think I can return and had an online meet with occupational health who failed to grasp the impact of my condition, and consequently stated she didn’t think I’d be eligible for early retirement (due aug ‘24) 

eamon

If you go back on phased return, this is something that you agree with your employer taking on board the advice from your GP etc. Not the advice from OH. They work for your employer and act in their interests. Nevertheless it is part of the game that you need to play. Though it would be hoped that 2 separate medical opinions would be similar. What level of OH person have you been dealing with, Nurse Practioner or OH Doctor (same level as your GP but with a specialism in OH). This matters.

Does your GP think its time for you to call it quits as far as work goes?

Are you still in contact with your Union rep? You really need to push them? Find out what is needed to get a Tier 1 early retirement agreement. It really will hinge on the fine details around being fit to do any work as opposed to the work that you are paid to do.

Lastly going on to 1/2 pay sucks especially if you still have full pay outgoings (e.g. mortgage, loans). But imho returning to work on phased return should be on full pay. Note that this will stop the current "sick" clock but not your contractual sick pay clock. To fully reset your contractual sick pay clock will take 12 months of zero sickness absence. What that means is that if your health breaks down again shortly after you return and you go of sick then you will likely be on 1/2 pay again.

Chase up and speak to your local union rep, if its too much for them go to branch level. You need to speak to somebody who knows all about ill heath retirement.