Sick pay rights

doorwoman

Hi,
 I’ve been suffering with vestibular migraines (vertigo/dizziness/exhaustion) for a year now. When I first went down with this condition I couldn’t work so I was signed off for over 2 months.
I went back to work as a phased return where I was doing half days but the other half of the day where I wasn’t working was taken as annual leave. 

I managed to work my way up to full time hours and only took a day off once. 

Then in March after 3 months of full time work, the HR department called a meeting. They said they could tell I’m not coping and said it would be best if I would cut my hours down to 3 days a week. I was struggling but I was determined to do my job. They said it would be for 3 months so I could get a handle on my condition. They gave me 2 weeks to think about it. 

I decided it would be for the best as I felt that powering through was not helping me get better. 

When I attended the meeting where I would tell them my decision, they said it would be better to do it for 6 months. I couldn’t see how I could not agree so I signed a new contract. 

I recently had an appointment with occupational health as I was coming up to the end of the 6 months and I was hoping they would advice my bosses on the duties I’m able to do. The nurse said she wanted me to go back to my GP for further advice. She was unhappy about my lack of doctor interaction(but that’s a whole different story) 

This morning my GP told me that he can write a fit note which tells my employer that I am only able to work 3 days so that the other 2 days could be claimed as sick. This would mean my pay would go back to full pay instead of the 60% I had been getting. 

What are my rights here? If the doctor correct? Am I able to go back to my full time contract but claim sick?!? I work for the NHS so I am entitled to 6 months full pay and 6 months half pay. 

Sorry for the long post and thanks for reading. Any advice would be gratefully received. 

Sandtree

doorwoman said:

This morning my GP told me that he can write a fit note which tells my employer that I am only able to work 3 days so that the other 2 days could be claimed as sick. This would mean my pay would go back to full pay instead of the 60% I had been getting. 

What are my rights here? If the doctor correct? Am I able to go back to my full time contract but claim sick?!? I work for the NHS so I am entitled to 6 months full pay and 6 months half pay. 

Sorry for the long post and thanks for reading. Any advice would be gratefully received. 

How was your new contract worded? That it was only for 6 months and then automatically reverts to 5 days a week or its 3 days a week with a review in 6 months and up for discussion based on that review?

I've never heard of someone being signed off for 2 days a week every week, a period of 2 days normally falls under self certification. I've known those that have asked for reduced hours due to sickness but the pay was reduced to reflect the hours. 

Undervalued

doorwoman said:

Hi,
 I’ve been suffering with vestibular migraines (vertigo/dizziness/exhaustion) for a year now. When I first went down with this condition I couldn’t work so I was signed off for over 2 months.
I went back to work as a phased return where I was doing half days but the other half of the day where I wasn’t working was taken as annual leave. 

I managed to work my way up to full time hours and only took a day off once. 

Then in March after 3 months of full time work, the HR department called a meeting. They said they could tell I’m not coping and said it would be best if I would cut my hours down to 3 days a week. I was struggling but I was determined to do my job. They said it would be for 3 months so I could get a handle on my condition. They gave me 2 weeks to think about it. 

I decided it would be for the best as I felt that powering through was not helping me get better. 

When I attended the meeting where I would tell them my decision, they said it would be better to do it for 6 months. I couldn’t see how I could not agree so I signed a new contract. 

I recently had an appointment with occupational health as I was coming up to the end of the 6 months and I was hoping they would advice my bosses on the duties I’m able to do. The nurse said she wanted me to go back to my GP for further advice. She was unhappy about my lack of doctor interaction(but that’s a whole different story) 

This morning my GP told me that he can write a fit note which tells my employer that I am only able to work 3 days so that the other 2 days could be claimed as sick. This would mean my pay would go back to full pay instead of the 60% I had been getting. 

What are my rights here? If the doctor correct? Am I able to go back to my full time contract but claim sick?!? I work for the NHS so I am entitled to 6 months full pay and 6 months half pay. 

Sorry for the long post and thanks for reading. Any advice would be gratefully received. 

Whilst a doctor can make suggestions on a fit note as to what adjustments would allow the patient to return to at least some work, the employer is not obliged to accept them. The employer is entitled to say, in effect, "Do you full normal job or stay off sick until you can". Or, they can offer alternatives which the employee can either accept or reject. Obviously if the sickness is very protracted the employer may be able to lawfully move towards dismissal.

The only exception would be if your illness amounts to a disability (for employment law purposes). If it does then the employer is obliged to make "reasonable adjustments" to help a disabled employee. However debating what is "reasonable" keeps lawyers in fees. Broadly they do not go as far as many employees would fondly believe but, that said, many employers actually do far more in this regard than the law would require.

doorwoman

It was a temporary arrangement but I could extend or shorten the 3 day arrangement. 

According to my occupational health I am classed as disabled as my condition has impaired my ability to work for over a year. 

doorwoman

I’ve just looked up the “contract” was a letter which stated the terms and conditions of my original contract were changing to 3days a week. 

I’m struggling to find my original contract. 

TBagpuss

If the letters says your original contract was varied to 3 days a week then unless it also says that you revert to full time after 6 months then you are now employed for 3 days so would not be entitled to sick pay for the other two days, The GPs fit note would simply confirm that you are not fit to work full time at present.

It's possible that during the original phased return you should have been able to get sick pay for the days you weren't working rather than taking them as holiday but I can't see that you would be eligible for any pay for days you are not currently contracted to work. 

oh_really

NHS should be paying for short hours with outstanding sick leave, you should not be out of pocket due to this. Arrangements exist for implementing a phased return, providing you have outstanding sick pay this should be used to "pay" for your return.

Why are you attending management meetings without a steward?

Sandtree said:

I've never heard of someone being signed off for 2 days a week every week, a period of 2 days normally falls under self certification. I've known those that have asked for reduced hours due to sickness but the pay was reduced to reflect the hours. 

Not how a phased return to work operates in NHS.

Bradden

oh_really said:

NHS should be paying for short hours with outstanding sick leave, you should not be out of pocket due to this. Arrangements exist for implementing a phased return, providing you have outstanding sick pay this should be used to "pay" for your return.

Why are you attending management meetings without a steward?

Please if you are going to offer advice like this back it up with facts. 

Employee has a contract for 3 days.. if they work for 3 days then what addiotnal pay are the entitled to?

oh_really

Bradden said:

Please if you are going to offer advice like this back it up with facts. 

Employee has a contract for 3 days.. if they work for 3 days then what addiotnal pay are the entitled to?

Fact, op has cut hours from full-time down to 3 days, this at the behest of HR. The facility exists for the op to work 3 days pw while being paid for the normal full-time week, paid for out of the outstanding sick leave.

The additional pay is their missing 2 days pw.

OP, speak with your steward about local implementation arrangements.

TELLIT01

A fit note only enables the doctor to state that somebody is, or is not, fit for work.  Anything else they wish to add, such as phased return to work or reduced hours is purely advisory and not legally enforceable.

The OP says OH questioned the lack of contact with the doctor but "that's a whole different story".  I would suggest it is very much part of the same story.   Has the OP simply not wished to see their GP or have they been unable to consult due to GP availability at any stage during the period of absence?

uss_tish

Difficult to advise without seeing the ‘contract’ but it sounds like after the phased return you were then put on flexible working arrangement which is usually for an agreed period but doesn’t normally affect your right to revert to your original full time status. However, you would not be entitled to sick pay for the additional two days as you have what appears to be a temporary variation of contract.

It would be odd for an employer to agree to reinstate you full time and then pay you two days a week sick pay in perpetuity - I think they are suggesting your ‘flexible’ arrangement becomes a permanet three day a week contract.