Company Sick Pay reset after Mat leave?

Kehteh

Hi,

I returned from Maternity leave in June, reducing my hours from 4 to 3 days and I signed a new contract.

Today I have called in sick. Looks like despite working at the company for 7 years I am now not entitled to company sick pay for 6 months from signing the new contract. Is this correct?

sheramber

What does your new contract say?

Did you read it before signing?

Kehteh

So it’s gives my contract effective date and  employment commencement date as 26.06.23, and then underneath my continuous employment date as 10.05.17.

In the sick pay part it says I am entitled to 2 weeks company sick pay after a length of service completed of 6-12 months. This is unclear to me whether it’s continuous service or from the date of the new contract with reduced hours. Without going on maternity leave and a new contract I would be entitled to 10 weeks for 7 years service. 

This did not flag up when reading the contract as an issue before I signed it. But when trying to access my HR portal today it looks like company sick leave is no longer an option for me…..

Wish I had struggled in today!

Undervalued

Virtually all company sick pay these days is "discretionary". Some older schemes may be a hard and fast contractual entitlement, providing you comply with all the terms and conditions, but they are becoming increasingly rare.

So, depending on the exact wording of your contract (which includes other staff related documents and any other written or verbal agreements), "entitled" may be over stating it.

Your maternity rights are to your old job back on its original terms. Once you opt for reduced hours etc you may well be giving up a variety of benefits that came with your old full time position.

Savvy_Sue

I would be prepared to question this because the 'effective service' date does suggest you have met the requirements. If you're in a union, have you asked them?

Wonka_2

Savvy_Sue said:

I would be prepared to question this because the 'effective service' date does suggest you have met the requirements. If you're in a union, have you asked them?

Not sure about NHS contracts but my private sector contract after 34yrs bears little resemblance to my original despite my start (or effective service) date remaining the same. 

At each change I’ve thoroughly read the contract and challenged any changes before signing. I’ve lost holidays (but been financially compensated), my retirement age has changed (unable to challenge as a uk.gov ruling) but all other changes have been reversed or had no detriment to me. The know others who haven’t been as thorough and no have no chance of reversing the changes. 

Good luck @Kehteh and hopefully it’s not too late to engage the union 

KiKi

I'd guess it's just an admin error where the system is told you have a new contract, it automatically applied the sick rule, without someone taking into account the continuous employment date.  Just query it, that's the only way you'll know.  But usually continuous employment would apply here - otherwise people wouldn't want to be promoted or move roles, or increase / decrease hours!