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Statutory Sick Pay.

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SMP | 11:48 Mon 18th Oct 2010 | Business & Finance
9 Answers
My daughter works 5 days out of 7 although until recently was working 6 days.
Her working week runs Monday to Sunday.

Just over 2 weeks ago on a Friday evening she had an accident at work and broke a finger. Work took her to hospital and she told them she would not be working for a while.
She was due to work the Saturday and Sunday.

She asked work about sick pay and was told she would get it if she got a GP sick note for the accountant, (even though by law she does not need a GP sick note for first 7 days).

Anyway got GP sick note (or Fit note as it's called now) on the Monday for 2 weeks, and took it in assuming that the Sat and Sun and Mon counted as her waiting days.

When she collected her wages on Sat she has only been paid for 2 days sick for the first week she was off. It looks like they have started her sick on the Mon and so with the waiting days and the two days she doesn't work they have only paid 2 days.

I don't think this is correct, any advice please?

Thanks.
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Thank ,sI understand about the sick notes, but my query is that they have appear to have ignored the first 2 days of her sickness and started it from the Monday and not the Saturday. They know she was not capable of working as of the Friday night as her manager took her to hospital and stayed until he knew what was wrong.
Thanks for your help tho.
can she not contact the payroll department and ask?
You asked 'I dont think this is correct, any advice please?

My link quite clearly points out that 'this [absence of more than 7 days] will also depend on your employer’s company policy on sick leave'.
However, it is not payable for the first three qualifying days, these days are known as waiting days.
http://www.direct.gov...llorinjured/DG_175843
The directgov info makes it clear the first 3 qualifying days (waiting days) are the first 3 days she would have worked. So in her case, if she would have worked on the Saturday, Sunday & Monday these should be the waiting days.

She should take this up with the payroll dept. - quoting the directgov. site if necessary.
To add:

The employer is wrong to have demanded a GP's note. All they are entitled to under the SSP Regs. is a written notification of the sickness from the employee during the first 7 qualifying days. However, in this case they knew perfectly well what was wrong & the GPs note was entirely superfluous.

Do make sure the accident is reported & goes down in the employer's accident record book - & that this is a correct record of what happened. Hopefully there won't be any long term adverse health results but it is important to have the details recorded.
Whilst the advice given so far is correct for most folk, it can be different when folk work different days each week. If someone works different days each week it can get a bit complicated when it comes to waiting days and Qualifying Days .

To make it easier to administer, the employer can have an agreement that no matter what the actual days had been worked or were to be worked, certain days are classed as non working days. It may be that this particular employer says that Saturday and Sunday are non-working days and that also means they were not Qualifying Days.

As waiting days must also be Qualifying Days, Monday-Wednesday would be classed as the waiting days and not Saturday- Monday. If an employer has this type of arrangement, it has to be agreed with the employees too so it's possible that this applies to the daughter but she has forgotten about it or was not made aware of the fact.
Question Author
Thanks everyone for your answers. Think it has been sorted. Her waiting days were Sat, Sun and Mon so it seems she is owed 2 days sick pay.

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