HELP WITH SICK PAY

[smiffy123]

i have an on going illness chroans disease which causes me to have more time off work than usual i've had the illness 16 out of my 18 years service but i get flair up's not my fault.
i've never gone on half pay but when i came back from my last op i was told if i went sick again i would get no pay and i have an op on march the 4th also i've been told that i might get ill health retirment but when it was worked out by my line manager i'd only get 11k for 18 years service and that is crap.[/b]

[baldrick]

I'm not sure what the position is as regards amounts of sick pay - I thought you got six months full pay, then six months half pay if you were established. But I expect there are more knowledgeable people on here who will give you a more detailed answer.
You are right about the ill health retirement payment being crap. Up until a few years ago (since the arrival of AL&AC) you would probably have been offered a medical retirement with pension and lump sum.
Now I'm told unless your illness is so severe that you are unable to do any type of work for at least 10 years or retirement age, whichever is sooner, you will only be offered a lump sum payoff (Max £15k from what I hear).
You may well be covered by the DDA (Disability Discrimination Act) though - again I expect there are people on this site who can give you more advice about that too.
Good luck.

[smiffy123]

i am covered by the dda but i don't think that will help.

[lovejoy]

i am covered by the dda but i don't think that will help.

You are covered by the DDA and that will help you going forward on a number of issues.

I think the best thing you can do is see you rep and get in a grievance. The basis of the grievance is that you will be financially detrimented because of your disability - against the law.

This could eventually lead to a Tribunal but RM will more than likely make real adjustments to your record meaning that as well as giving you more slack with absences they will extend the normal 6months ful pay, 6months half pay rule.

On the Ill health retirement you will also get 3 months pay in lieu of notice on top of your offer. The main thing is though that your rep with help of senior officials if needed should be fighting this as the DDA protects you

[smiffy123]

And does ill health retirement mean i can work else where or not.

[k979aaa]

i am covered by the dda but i don't think that will help.

You are covered by the DDA and that will help you going forward on a number of issues.

I think the best thing you can do is see you rep and get in a grievance. The basis of the grievance is that you will be financially detrimented because of your disability - against the law.

This could eventually lead to a Tribunal but RM will more than likely make real adjustments to your record meaning that as well as giving you more slack with absences they will extend the normal 6months ful pay, 6months half pay rule.

On the Ill health retirement you will also get 3 months pay in lieu of notice on top of your offer. The main thing is though that your rep with help of senior officials if needed should be fighting this as the DDA protects you

Question would it help "smiffy 123" if he was to get a "green card" and would this have any bearing on DDA?.

[lovejoy]

And does ill health retirement mean i can work else where or not.

Yeah you can work elsewhere mate, its basically just saying you are no longer fit enough to work for RM

[lovejoy]

i am covered by the dda but i don't think that will help.

You are covered by the DDA and that will help you going forward on a number of issues.

I think the best thing you can do is see you rep and get in a grievance. The basis of the grievance is that you will be financially detrimented because of your disability - against the law.

This could eventually lead to a Tribunal but RM will more than likely make real adjustments to your record meaning that as well as giving you more slack with absences they will extend the normal 6months ful pay, 6months half pay rule.

On the Ill health retirement you will also get 3 months pay in lieu of notice on top of your offer. The main thing is though that your rep with help of senior officials if needed should be fighting this as the DDA protects you

Question would it help "smiffy 123" if he was to get a "green card" and would this have any bearing on DDA?.

The old green card things has been eroded partially due to the DDA. AS long as he/she are covered by DDA they should have greater level of protection!

[TheLord]

You are covered by the DDA and that will help you going forward on a number of issues.

I think the best thing you can do is see you rep and get in a grievance. The basis of the grievance is that you will be financially detrimented because of your disability - against the law.

I'm not sure this is the right advice. Companies are only legally obligued to pay statutory sick pay for 28 weeks (about £70/week), anything above and beyond that is their own business. What you are requiring is incapacity benefit which is paid buy your benefits office. They will assess your rights to this benefit. RM will continue to pay you under the national sick pay rules as long as the combined total of your company sick pay and incapacity benefit doesn't exceed your normal wages.

[lovejoy]

You are covered by the DDA and that will help you going forward on a number of issues.

I think the best thing you can do is see you rep and get in a grievance. The basis of the grievance is that you will be financially detrimented because of your disability - against the law.

I'm not sure this is the right advice. Companies are only legally obligued to pay statutory sick pay for 28 weeks (about £70/week), anything above and beyond that is their own business. What you are requiring is incapacity benefit which is paid buy your benefits office. They will assess your rights to this benefit. RM will continue to pay you under the national sick pay rules as long as the combined total of your company sick pay and incapacity benefit doesn't exceed your normal wages.

Correct but these are the conditions for normal sick pay. The DDA clearly states that no financial detriment should be suffered by those covered by DDA

[brothermagrew]

Statutory Sick Pay
If you're an employee and unable to work because you're ill, you may be able to get Statutory Sick Pay (SSP). Some employers have their own sick pay scheme instead.

Who is eligible?
If you're working for an employer under a contract of service (even if you've only just started), you're entitled to Statutory Sick Pay if the following apply:
• you're sick for at least four days in a row (weekends and bank holidays are included)
• you're earning at least £87 a week on average

Who isn't eligible?
You can't get Statutory Sick Pay if you're away from work because any of the following apply:
• you're taking part in trade union action
• you're in legal custody
• you've been getting Incapacity Benefit in the eight weeks before your illness

How it works
Statutory Sick Pay is paid for every day you'd normally be working. It starts on the fourth day of any period of sickness and lasts for a maximum of 28 weeks.
If you get sick again within eight weeks of the previous period of illness, you can claim Statutory Sick Pay from the first day.
In some cases you can return to Incapacity Benefit if you have a linking letter and you are sick again within 104 weeks (two years) of your last payment of benefit.
If your employer has their own sick pay scheme instead of Statutory Sick Pay, you'll need to make sure you understand and follow the rules (which may be different from Statutory Sick Pay).
How much do you get?
The standard rate for Statutory Sick Pay is £72.55 a week.
How it's paid
Statutory Sick Pay is paid by your employer, usually on your normal payday in the same way as your wages or salary.
Statutory Sick Pay is subject to tax and National Insurance contributions, although your earnings may not be high enough unless you get other payments on top of Statutory Sick Pay.
Effect on other benefits
If you're getting Statutory Sick Pay for a pregnancy-related illness, you'll automatically swap to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) four weeks before the baby is due.
You can't claim Statutory Sick Pay for any period of illness that starts during the same time you're entitled to Statutory Maternity Pay or Maternity Allowance.
Statutory Maternity Pay
If you're getting Statutory Sick Pay for a pregnancy-related illness, you'll automatically swap to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) four weeks before the baby is due.
Statutory Paternity or Adoption Pay
If you're getting Statutory Sick Pay, you won't be able to claim Statutory Paternity or Adoption Pay at the same time.
You should be able to delay these and, claim Statutory Sick Pay until you're fit to take the leave.
You must take it within 56 days of the birth or expected date of your adopted child's placement with you.