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Sick pay during Notice period

  • 28-09-2012 9:26pm
    #1
    Thora
    Closed Accounts Posts: 16 ✭


    Howdy all,

    I does be needing some opinions...

    I handed my notice in about 5 weeks ago. 3 weeks ago I was injured in a work related accident, filed a health and safety report etc and have been off on doctors orders for the past three weeks heavily medicated I might add.

    Did the usual carry on. Filed an MC1 and the 2 MC2 forms in the meantime. I get a call this morning saying work won't be paying me for my sick leave.

    Apparently the bird in HR was out and thus couldn't apply the non paying me for the past three weeks hence I got my full wages this morning and my next pay check will apply the non payment of the last three weeks.

    Now, policy is not to pay an employee while on sick leave during notice. Fair-ish enough. But what about when one is out sick out of an injury which occurred in work. Firstly we were massively understaffed on the day and as a junior member of staff I just do what I'm told.

    Rang HR and they sent me to H&S dept. who were slightly in disbelief that this Policy was being enforced in this particular situation.

    So basically if I go into work Monday for the next three weeks I won't be being paid. Hence the way I see it going on the social I would get at least something! I just can't believe I don't have rights in this instance.

    I hadn't planned to sue over the incident that happened though I'm sure I would be within my rights to.

    So.. Should I go into work Monday or give them the two fingers? I'm so mad I could literally explode and the anger is hurting my already sore bod-day

    Any ideas?!

    My thanks. T


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Unless it says so in your contract, employers are under no obligatation whatsoever to pay sick leave for even a day you are absent from work.


  • #3
    mm_surf
    Registered Users, Registered Users 2 Posts: 186 ✭✭mm_surf


    davo10 wrote: »
    Unless it says so in your contract, employers are under no obligatation whatsoever to pay sick leave for even a day you are absent from work.

    Correct.

    However, they are liable for any loss of earnings due to an occupational accident. In this case, they have (rather stupidly, imo) decided to make you sue them for it.

    You can either:

    A: Let it go

    or

    B: Have a chat with a solicitor.

    Obviously, if you sue, you will be burning a few bridges behind you. This may or may not be a factor for you.

    It may be that they have simply mis-catagorised your absence. It would be worth having a chat with the H&S people or the HR people to make sure that they are aware that your absence was not due to illness, but due to occupational injury.

    M.


  • #4
    Thora
    Closed Accounts Posts: 16 ✭Thora


    Thank you M,

    Much appreciated.

    Having talked with H&S about it yesterday they got me to write them an email confirming the entire situation which they would pass to HR who had been very bottom line on the issue when I spoke with them on the phone on Friday.

    Although I understand such a policy not to pay sick pay during notice is there for a reason i.e. people not taking the piss I personally feel like these are unusual circumstances which they should be taking into account on an individual basis.

    So.. the plan is to go in on Monday and go straight to HR. I got no reply to my email which had been forwarded to HR at 3.30 on Friday so I'm not sure what I'll be facing.

    If they are willing to re-consider this refusal of payment I'd like to get it in writing and head up to my desk, otherwise, I'll be going to the mailroom to get a box and head up to my desk to pack up my stuffs.

    Then I shall head to a solicitors as you have suggested and look for some representation.

    Having worked my feminine Bo**ix off for this corporate giant for the last two years I am utterly disgusted. (This is the third monocle i've broken this week I really must try and stop being so horrified)

    Thanks a mill for your response. :o


  • #5
    Thora
    Closed Accounts Posts: 16 ✭Thora


    Hi All,

    Just to update anyone interested in the thread.

    I worked the first three days back with HR refusing to advise as to whether i would be paid or not and they told me the decision to pay me was with their insurers.

    I sent them an email requesting their insurers and brokers details and all the forms they sent in regarding my case (apparently I am entitled to do so under the Data Protection Act but don't quote me on that one). Told them my solicitor had requested them. This was a bit of a lie... I was planning on getting a solicitors advice.. had even set up a consultation..


    They refused to give me any details and were fairly hostile.

    On the Wednesday they informed me that my case had gone to the head of HR who had decided (funnily enough) that they would indeed pay me for my sick leave while on notice. Furthermore they offered to pay my GP bills.

    Which just shows, these things are highly discretionary and anyone in a similar position should not give up hope. The whole affair was most stressful and my thanks for the help I found on Boards.


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