long term sick

[bwfcmaddog]

can anyone please help me i have been on the sick for nearly 6 months, this morning i recieved a letter from the dom saying that i will be going on half pay shortly which i understand, he also informs me i have 2weeks and 4 days leave left and if i dont take them i will lose them surely to do that i will have to sign off sick have the holidays then sign back on sick then it would trigger a stage two warning can he do this or can i carry them over? also when i do go on half pay will i get ssp as well.

[flaminmoses]

no you wont get ssp.

the bit about the holiday.
keep for your records just in case you need to use it against him at a later date.

you cant use your holiday during sick absence.
the fact he has put it in writing is rather foolish

[bwfcmaddog]

no you wont get ssp.

the bit about the holiday.
keep for your records just in case you need to use it against him at a later date.

you cant use your holiday during sick absence.
the fact he has put it in writing is rather foolish

thanks for that so i just live on half pay?

[woofwoof]

no you wont get ssp.

the bit about the holiday.
keep for your records just in case you need to use it against him at a later date.

you cant use your holiday during sick absence.
the fact he has put it in writing is rather foolish

thanks for that so i just live on half pay?

o
No you send your sick note in to the dhss they pay you to

[TrueBlueTerrier]

https://www.gov.uk/statutory-sick-pay/eligibility" onclick="window.open(this.href);return false;

If you’re not eligible

If you don’t qualify for SSP, your employer must give you form SSP1 within 7 days of your illness.

You can use this to apply for Employment and Support Allowance (ESA) instead.

I would view the guide which starts at https://www.gov.uk/statutory-sick-pay/overview" onclick="window.open(this.href);return false; - and contact HRMC as well and get their take on it.


Having to take the leave http://www.nhsemployers.org/EmploymentP ... Leave.aspx" onclick="window.open(this.href);return false;

Therefore a worker on sick leave for all or part of the annual leave year is entitled to any untaken annual leave (provided for by the Working Time Regulations (WTR) – up to maximum of 5.6 weeks (though at the time the Stringer case started it was 4 weeks) when they return to work. If the worker on sick leave has not had an opportunity to take the holiday in the current leave year, this will mean carrying the leave over to the next leave year. Larner has clarified that this applies regardless of whether or not the worker has asked to take holiday during that year of sick leave.

http://www.nhsemployers.org/EmploymentP ... ave.aspx#8" onclick="window.open(this.href);return false;

What now appears to be the clear, following the Pereda and ANGED decisions, is that employers cannot insist that a worker takes annual leave whilst they are on sick leave, if they do not wish to do so. This was also confirmed in Larner.

[billyboy123]

i was payed ssp when i went to half pay

[Poorly]

So much wrong information......

If you are still entitled to SSP you will get it on top of your half pay, but you are only entitled to 28 weeks of SSP so you'll probably only get it for 2 weeks.

You can use your holidays during sick leave. You will still be recorded as sick but will receive full pay for the weeks, so don't use it until you go on reduced pay.

Regarding the sick note you should still send it to your manager.

[fishtank]

You can use your holidays during sick leave.

I think the point being made by teebs and the original poster's position is that he was being forced to take his annual leave under the threat of losing it.
That is now thanks mainly to Stringer vs HMRC and related cases...considered unlawful.