sick pay...

Former Member

An interesting situation here. Just curious as to people's answers.

I am currently back at my summer job, my 5th year there I think. Altogether i'd say i'd done at least a year if not 2 years of work in total.

This time i have been back just over a month, and have now had time off with swine flu- 4 days, as friday i'd already booked as holiday.

The pay woman has said that she will not pay me sick pay as I've not been there long enough (I've not got my contract here with me but i think it's about 2 months, am going to check that).

Yes, I have had a p45 at the end of every employment period and this summer I have signed a contract for the fixed period I'm working. So if that's what it says I will shut up and put up.

I guess I'm just a little bit narked that I've worked hard for them 5 summers and this woman won't afford me the courtesy of sick pay. Apparently, she is even going around spraying the place with disinfectant despite me not having been in there since I caught the flu. If it was the people who employed me who did the pay, there'd be no problem

Former Member

However much you go back to a place, if you leave properly at the end of each stint then you will count as a new employee when you restart as far as any benefits are concerned.

The only reward you get for going back to the same place each summer is knowing the people and how the system works, not being treated like a newbie and the ease of getting the job, as it's usually more straightforward than trying to find somewhere totally new.

May seem like it sucks, but that's the way.

Former Member

Pity! confirmed what i thought though!

Former Member

By same arguments I could go back into a job I left years ago and get the benefits of long service!

Olly_B

Hi Queenmab roo,

As you were ill for four days or more then you are entitled to Statutory Sick Pay. Details here:

http://www.thesite.org/workandstudy/working/workersrights/sickpay

It's also worth noting that if you were ill on a day you were on leave you are still entitled to statutory sick pay, (and possibly a replacement day of leave).

Hope this helps...


Olly

Former Member

The contracts only link if there's continuous employment under TUPE. It doesn't sound like they do in this case.

However, if your earnings are over £95 per week you should be entitled to SSP as a new employee. If you have not worked sufficiently to calculate earnings under the usual rules (they look at your last payslip and the one eight weeks before it and average earnings in between) then your contractual pay is what they base their decision on. This could be a problem if you're on a zero hours contract.

The HMRC guidance is here.

P.S. TheSite article needs to be updated to take into account of inflation. The lower earnings threshold (which SSP works on) is now £95pw and not £90pw.

Former Member

Thanks for the added info guys.

I checked my contract upon returning, although i haven't yet been able to speak to the lady who thinks I'm not eligible to sick pay as she's off on holiday this week.

My contract says that I am not under a probationary period, and that I am entitled to up to a month's full sick pay. Nowhere in my contract does it say that I have to work for X amount of time before recieving sick pay.

So am i then right in assuming that I should be paid sick pay?

I am also entitled to replacment leave, which is always good news! If I don't get sick pay through my company i'll look into SSP.

Thank you for your help!