When paid sick leave allowance exceeded-What then?

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When paid sick leave allowance exceeded-What then?

Postby countyfan » Wed Jan 23, 2013 5:25 pm

Wondered if anyone can advise me on my current dilemma.
I have been signed off work sick, with the reason given as stress related disorder and Fibromyalgia. Now my boss is again implying that there isn't really anything that wrong with me.
However, to further complicate things, this morning I received the appointment letter for the spinal operation I also need. Its on 9th March but before then there are numerous pre checks and consent appointments. The thing is, that if my GP (Who is very understanding on FM matters) decides that I am still not fit for work next week, then by the time I go back, will be coming up to the op and will count as a separate session of leave-Which goes against you on works records. Also I am only allowed 12 weeks paid sick leave and will have already used up 4 weeks of that! It's just that it seems whichever option I take there will be problems. Can you claim sick pay from the Government, whilst still being employed (But not being paid) by a company?
I can see me not being able to get back to the work but have to give 3 months notice anyway-However if I handed my notice in before the op then they wouldn't be obliged to pay me would they?
The GP said to go home and forget about work for a fortnight but all these things keep popping into my mind and niggling me into thinking of work-It seems I can't escape even though its the stressed work situation that has made my Fibro symptoms worse!
Any help and advice appreciated :-|
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Re: When paid sick leave allowance exceeded-What then?

Postby andy2210 » Wed Jan 23, 2013 5:44 pm

when your ssp runs out you can claim esa even though your employed
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Re: When paid sick leave allowance exceeded-What then?

Postby denys » Wed Jan 23, 2013 9:58 pm

I thought once your company sick pay stops you continue on statuary sick pay (SSP) but not sure how long its for, Maybe you need to ring the job centre and ask to speak to a benefits advisor :crazy: :crazy: :crazy: :crazy:
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Re: When paid sick leave allowance exceeded-What then?

Postby Iceskatemum » Wed Jan 23, 2013 10:51 pm

Hi Country fan ,from the info you have provided I am assuming your contract with your employer for 12 weeks sick pay is for your full pay or a proportion of it. During those 12 weeks your employer will be claiming Statutory Sick Pay (SSP) on your behalf currently £85.85 and then toping it up to your contracted sick pay allowance.

After the 12 weeks has passed you are still entitled to SSP up to a total of 28 weeks. This is payable by the employer. Therefore your employer must pay you for another 16 weeks at the SSP level of £85.85 per week.

Following the 26 weeks you employer will send you documentation which will allow you to then claim Employment Support Allowance even if you are still employed but presently still off work sick. You are entitled to £71.00 (over 25) for the first 14 weeks . After that it will be dependant on which ESA group you fall into.

I hope that helps but would suggest you chat so someone in your HR department /union to get the best advice for your workplace .

If you disagree with the amount of SSP you are getting contact the HM Revenue & Customs (HMRC) employees’ enquiry line.

HMRC employees’ enquiry line
Telephone: 0845 302 1479
Textphone: 0845 915 3296
Monday to Friday, 8am to 5pm


Hope that helps
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Re: When paid sick leave allowance exceeded-What then?

Postby countyfan » Thu Jan 24, 2013 9:26 am

Hi,
Thanks for all your replies.
Iceskatemum, that was very helpful. It is good to know that I wouldn't be totally destitute-although a lot less than I am actually paid, it's more than my husband got when he was made redundant from work a couple of years ago! I also didn't realise you could get ESA, even while you still had a job, so that's something too. At the moment I feel too depressed and drained, to even think about work, or phoning advice agencies etc; so thanks once again for explaining things so clearly! :lol:
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Re: When paid sick leave allowance exceeded-What then?

Postby Iceskatemum » Thu Jan 24, 2013 1:20 pm

No problem Country fan ..........its only because I am a few months further down the road from you & have been reading the gov benefits web sites cover to cover :lol:


I have been off on sick leave since May 2012. At first was informed by a person in our work pay section that I wasn't entitled to any pay from my work place as I had used all my entitlement under works sick pay scheme. Even though I queried it they were sticking to thier first letter. It meant that I then didn't get any money from May until I saw a member of HR in September for a review of my current sick leave.. I was accompanied by my union rep and I queried my pay etc at the meeting and HR person agreed it didn't seem right and took it up with the pay section on my behalf.
It seems pay section were wrong in thier reading of the wrok pay swcheme and so I then got a lump sum for all the SSP plus some work sick pay I was entitled to. Then the pay section sent out forms a couple of weeks before my SSP was to run out which allowed me to claim ESA.

Just in case I will be off work after week 14 of ESA I have a limited capability for work questionnaire to fill out . this will then I guess mean I attend an medical to see what ESA group I fall into.

According to work I am presently on unpaid sick leave as have been sent to see thier occupational health Doctor and he has suggested that the earliest I will be able to carry out limited duties is April 2013. I'm sure the ESA folk don't take that into account as they have thier own criteria but at least I know work won't be hassling me until after that date . Although I imagine that if I can't get back I will hopefully be able to try for medical retirement.

Good luck with everything and don't forget you may also be entitled to other benefits such as DLA if you illness effects how you can cope with daily activites . You can check your eligibility for all benefits on the Governments benefits website. https://www.gov.uk/browse/benefits.



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