HR told me they won’t pay me for my sick leave

chrisbur

Undervalued said:

khamzat93 said:

Brie said:

How much time did you have off for bronchitis?  Sounds like there's some sort of rolling year for sick leave and they are now saying you have exceeded the maximum.  If you took 10 days last Sept and the max allowed is 10 days then yes you're in a bit of a mess. 

You should as a minimum get statutory sick leave I believe.  It's minimal granted but better than nothing.  

Do you have a union who could work on your behalf to find a compromise?  Maybe you need to have this back dated as holiday if it really leaves you stuck.  

I was off for 17 days but I provided all the sick notes and evidence that I was sick and in hospital. I’m entitled to 20 days sick pay in a rolling year which I even mentioned to my team leader last week when I spoke to him but again he and HR reassured me not worry and that I will be paid in full for this time I’m taking off but now they’re telling me I won’t be paid because they made a mistake. Even on my account on the HR portal it showed that I had 10 days remaining so they’ve even made an error there. 

I’m not currently with a union, no. 

In either case it is separate to your statutory sick pay (c. £100 a week after the first three days) which is a legal entitlement assuming you have paid enough NI contributions. 

Just to clarify you can qualify for SSP without having actually paid any NI.  To qualify you need to have average earnings over a period of time which is decided by when the first day of sickness with no work done occurs.  This average must be at or above the Lower Earnings Level which is the point when the employee is treated as if NI contributions were paid, actual requirement to pay NI occurs at a higher level of earnings known as the Earnings Threshold.