Sick Pay on fixed term contract

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chris1012
chris1012 Posts: 381 Forumite
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edited 5 September 2012 at 8:00PM in Basic rights at work & Redundancy
Evening All,

I am on a fixed term contract which started in June 2012 and ends at the end of September 2012 (4 Months).

DO I have a right to sick pay?
So far since joining I have had 2 days of bereavement and 1 day of sick pay however I am cocerned as my contract states in the long term sickness point otherwise (please see attached).
What are my rights?

Many Thanks
http://img33.imageshack.us/img33/4995/20120905191703.jpg
20120905191703.jpg
London, UK
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  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    edited 6 September 2012 at 5:54PM
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    not what you want to hear...
    on that 4 month contract you have no entitlement to company sick pay as you must have completed 6 months service to get any entitlement - having a qualifying period before sick pay starts is actually quite normal but does disadvantage staff on short contracts. The fact it refers to "long term sickness" does not mean it only applies if you are off long term

    also because you were only off for 1 day you are not entitled to SSP either (minimum period for SSP is an absence of 4 days in a row)

    bereavement is not the same as sick leave.
    the contract extract you have provided does not detail the compassionate leave arrangements so we have no idea if you will be entitled to be paid for the 2 days you had
  • chris1012
    chris1012 Posts: 381 Forumite
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    I was reading up on some websites and some are of the opinion that after 1 months service on a fixed term contract we should have the same rights as a perm employee when it comes to SSP?
    London, UK
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    edited 6 September 2012 at 5:55PM
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    You do not get SSP if you have had only a single instance of sickness where you were only off for between 1 and 3 days and then returned to work on day 4.
  • chris1012
    chris1012 Posts: 381 Forumite
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    Well today was the first day I was ill since joining and I doubt I will be at work tomorrow unless I feel better in the morning. Friday I prebooked annual leave, so when would I be eligible for sick pay?
    London, UK
  • DCodd
    DCodd Posts: 8,187 Forumite
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    chris1012 wrote: »
    I was reading up on some websites and some are of the opinion that after 1 months service on a fixed term contract we should have the same rights as a perm employee when it comes to SSP?
    chris1012 you seem to be confusing SSP and the contractual sick pay as referred to in your contract. They are different.

    SSP Link http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

    Are the terms in the temp contract you have different to the terms in the permanent contracts? If not then they are treating you the same as a permanent employee.
    Always get a Qualified opinion - My qualifications are that I am OLD and GRUMPY:p:p
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    You are not eligible for SSP until the start of the 4th day off work
    Please understand that SSP is a maximum of £85.85 per week or £17.17 per day (if you work a 5 day week)
    If your sickness overlaps with a holiday period (ie Friday) then your holiday may be cancelled and you will be marked down as being sick instead. Therefore you could lose your holiday pay and may not get any money at all if you go back to work on Monday as you would then only have been sick for 3 days so would not qualify for SSP for the 3 days you were off ill.
    If you go back to work on Tuesday you will have been off for 4 days but will only get £17 sick pay as only 1 of those days is a “qualifying day”
  • chris1012
    chris1012 Posts: 381 Forumite
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    So do I -

    a) Not bother with SSP
    or
    b) cancel my holiday for Friday and most likely stay at home as I am still sick and doubt will recover until the weekend
    London, UK
  • ILW
    ILW Posts: 18,333 Forumite
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    I would get back to work if you want any chance of getting the contract renewed.

    Your record is not looking good, something like 5 days off in 2-3 months.
  • chris1012
    chris1012 Posts: 381 Forumite
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    It is a fixed term contract which is guranteed to end by the end of the month as the project ends.
    Furthermore I have already secured another position for next month.
    London, UK
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    edited 6 September 2012 at 4:36PM
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    chris1012 wrote: »
    So do I -

    a) Not bother with SSP
    or
    b) cancel my holiday for Friday and most likely stay at home as I am still sick and doubt will recover until the weekend


    you can't "choose" about SSP, if you call in sick on monday you will then have 3 waiting days plus 1 qualifiying day off sick and will receive 1 day's sick pay - your payroll dept have no option about whetehr they can or can't pay you - that's why its called Statutory sick pay

    note that the treatment of your holiday if you call in sick on Friday it is entireley at the discretion of your employer. They may still pay you holiday pay or they may not, that is a chouce they can make. If they do not pay it to you then, they must paty it to you at the end of your contract if you do not physically take time off before the end of your contract.

    in summary
    - if you go sick tomorrow you may still get holiday pay or you may not only your employer knows how it operates
    - you will not get any sick pay unlexss you are still off sick next week, even then the amount you receive may be less than your hoilday pay had you not gone sick and thuis lost your holiday pay (if that is how your company operates)
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