Return to work after surgery complications or take a drop in pay

Kabazzzz

Firstly, I'm not really sure whether this is the right place for this post, but I can't see where else it should go...

I had scapula fixation surgery on 29.02.24 for for MD and I've had nothing but issues ever since.  I now have frozen shoulder, a complication of the sugery.  I am having physio and have been referred for hydrotherapy also.  I'm am still in a lot of discomfort, disrupted sleep and still take my strong painkillers, daily.

I have a sick note that runs until 26.07.24, this will take me up to 5 months, I work for the NHS, back office, so not lifting or moving  patients etc.

My boss called me on Friday, to say that the date for my pay to drop to 50% was last Wednesday (10.07.24)!  

I cannot afford a drop in pay at all and I'm worried that I'm going to have to go back to work, sooner than I am able.

When I went off for my op, I was at 4 years service, but whilst being on the sick, I hit 5 years service.  At 5 years, entitlement increases to 26 weeks sick leave in a rolling 12 month period.

I've worked the calculations, and I've had 21 weeks in total over the last 12 months (19 due to my op, and another 2 prior to the op).  I've mentioned it to my boss this morning, and he's said that it's likely because I was only at 4 years service when I went off.  He is going to check, but goodness knows when HR will get back to him...

I've taken today as leave until I know more, as I just can't face going in.

Does anyone have any experience or knowledge of NHS sickness policy?

sammyjammy

Remember that the period looked at for half pay is four years not 12 months, so you get six months full pay in a rolling four year period, this is what has likely changed what you thought was the date, surprised your manager doesn't know that.

Going back to work too early could just result in more sickness down the line which would also probably be at half pay.  Does the NHS have a benevolent fund?  If so give them a call, they maybe able to help you and talk you through your finances (you don't have to be a member)

Hope you feel better soon, shoulders are dreadful, I have arthritis in mine and its a nightmare.

Kabazzzz

Thanks.

It is incredibly frustrating, especially as I'd requested my drop in pay date to be looked at, at 12 weeks sickness.  Not that it would've made a difference, but it would certainly be saving me a lot of stress right now.

Thanks for the advice re the benevolent fund, I'll look into it.

Savvy_Sue

Also if you're in a union, they may also have a benevolent fund.

LinLui

If you are in a union, check whether your membership qualifies you for union sickness benefits. Mine does.

It is normal that the qualifying date for benefits like this is the start date, so if you don't get full sick pay until 5 years, your manager would be correct that it counts from the first days and is therefore 5 months. If you drop to 50% I believe that you could be entitled to SSP (and as appropriate ESA) on top of contractual sick pay - I am not NHS but all the public sector employers I know do this. But benefits isn't something I know lots about so someone else may be able to confirm or deny this to be the case generally. 

If all else fails, could you look at a phased return to work. You would get full pay for the time in work, and half pay for the time still sick. Given your circumstances this is likely to be the outcome at some point anyway (assuming you can go back) so maybe that will help with the finances - not as good as full pay, but better than all half pay. And getting back to some sort of routine and normalcy may be good for your health too - when in pain being off sick, worrying about money, or just having nothing better to do than "be sick" doesn't always help either. I know that from personal experience.

poppy12345

You will not be able to claim New style ESA at the same time as SSP. If your sick pay doesn't include SSP then you can claim the ESA. You will need a fit note and your SSP1 form from your employer. https://www.gov.uk/guidance/new-style-employment-and-support-allowance

You can also use a benefits calculator to check entitlement to Universal Credit. As it's a means tested benefit if you live with a partner you'll need to claim as a couple. If you have capital of more than £16,000 you're excluded from claiming.https://www.entitledto.co.uk/benefits-calculator