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Employer withdrawing sick pay in breach of own policy

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  • 04-09-2020 6:48pm
    #1
    Registered Users Posts: 39


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Comments

  • Banned (with Prison Access) Posts: 2,980 ✭✭✭s1ippy




  • Registered Users Posts: 2,419 ✭✭✭antix80


    It sounds like you were taking the p155 a bit. I know you didn't mean to and the whole covid situation has driven some people to distraction.

    I'd advise you to take your unpaid leave and hopefully you'll have a job at the end of it.

    Buy a desk and a chair. Working from home is one thing but working from bed isn't a thing.


  • Registered Users Posts: 3,525 ✭✭✭Hoboo


    Durtburd wrote: »
    I work for a very large and profitable financial services company.

    My employers sick pay policy states that I'm entitled to up to 26 weeks of sick pay. Its at the company's discretion and lists some scenarios where they may withdraw it e.g. failure to follow procedures around medical certs, disciplinary issues, refusing to deal with the company's doctor etc.

    I have been off work twice previously due to having to get covid tests. The first time I was out for a while as it took ages to get results and then someone i lived with had to be tested and my employers didn't want me to come back to the office. It totalled approx 7 weeks.
    2nd time was only for a week. I had no laptop from work so was unable to work from home.

    I have now been off work again for another 2 weeks as I have had to idolate as I unknowingly had contact with a confirmed case. I have been working in violation of health and safety rules during this time ad I dont have anywhere appropriate to work due to my living situation - I've been using my work laptop on my bed and taking regular breaks, despite this my back is knackered from hunching over.

    I've now been asked by the hse to isolate for a further 2 weeks again making it total 4 weeks. My employers have said I now have to use up holidays or go unpaid.

    I have a document the company issued where they stated unequivocally that they will not reduce anyones pay because they're unable to perform their job as a result of covid. Their jobs and pay will not be at risk. Those who are self isolating will continue to be paid.

    I'm supposed to have a phone call with HR on Monday about this and don't know what to do. Will i have any recourse if they refuse to change their stance and insist I go on holidays or else unpaid leave?

    To add to your woes you're about to receive a few pages of unqualified rubbish.


  • Registered Users Posts: 14,181 ✭✭✭✭Dav010


    Your edit seems to support their viewpoint, also, you stated in the first paragraph that sick pay is at their discretion, the list of exemptions presumably is not exhaustive.


  • Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    Hang tough OP.

    But I find that profitable IFS co's will not hang around when it comes to weeding out any pisstakers.

    Bring that document that you previously misinterpreted to that HR meeting on Monday and try your best to seem competent.

    Good luck.


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  • Registered Users Posts: 2,419 ✭✭✭antix80


    Bit of a story..
    My colleague is awful. She was employed less than 6 months and didnt qualify for sick pay. When the lockdown was announced the company decided to pay all staff forced to self-isolate. She was so excited and announced "does this mean I'll get paid when i take sick leave"
    The following day she went home sick during lunch.
    The next day she texted a junior administrator to say she was going to self isolate for 2 weeks. (her mgr was on AL)
    The next day her manager called her to see what was going on. My colleague hadn't called the doctor and thought she was going to have a 2 week paid holiday!

    Her manager got a laptop couriered to her and told her to get a cert if she was sick.

    Anyway.. Some parallels to your case. What you think is reasonable, your employer does not. Also you can lose your job for absenses.


  • Registered Users Posts: 2,419 ✭✭✭antix80


    Hoboo wrote: »
    To add to your woes you're about to receive a few pages of unqualified rubbish.

    He started it!


  • Registered Users Posts: 2,419 ✭✭✭antix80


    IAMAMORON wrote: »
    Hang tough OP.

    But I find that profitable IFS co's will not hang around when it comes to weeding out any pisstakers.

    Bring that document that you previously misinterpreted to that HR meeting on Monday and try your best to seem competent.

    Good luck.

    Harsh!


  • Registered Users Posts: 837 ✭✭✭JamBur


    I would agree with previous posters. Your post reeks of malingering. Sorry if I'm wrong, but that's the way it comes across.

    There is an element in every company who have taken advantage of these uncertain times.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I dont understand, you have the ability to work from home but you are deciding to not work while isolating at home?

    Is that it?


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  • Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    Durtburd wrote: »
    I have been with the company for a few years, excellent performance throughout. I have been certified by my GP every time I've had to isolate. For the first period I only had to isolate for 2 weeks, after that it was the companys decision for me to stay home while my housemate waited for test results.

    This time the public health doctor in HSE is insisting on the isolation period.

    I can see how it could look like I am taking the piss, but I am not.

    Are you making them much wedge at the moment?


  • Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    Durtburd wrote: »
    Yes, about 8x my salary on average each year

    Good luck.


  • Registered Users Posts: 7,672 ✭✭✭whippet


    Working from your bed is your problem ... I’m sure there is a chair in your living quarters ... work from home .. be productive and once you are showing that you are trying to be as productive as possible most employers will understand


  • Registered Users Posts: 24,296 ✭✭✭✭lawred2


    jaysus - the HSE told you this and that my hole


  • Registered Users Posts: 24,296 ✭✭✭✭lawred2


    Durtburd wrote: »
    Work hadnt given me a laptop until about a month ago.

    I'm in a house share so had to isolate away from housemates, one of them in particular is absolutely freaking out over corona and I'm getting a lot of hassle over being in quarantine in the house. I cant go to my parents as they are both high risk. My living situation is sh1t, my bedroom is small and my partner is in the room with me isolating too. There was nowhere else I could work. Its a sh1t set of circumstances. I've done my best considering.

    work didn't "give me" a laptop either

    But I did buy one as it's expected of me to be able to work remotely if I have to be remote.


  • Banned (with Prison Access) Posts: 9,078 ✭✭✭IAMAMORON


    Durtburd wrote: »
    Work hadnt given me a laptop until about a month ago.



    I'm in a house share so had to isolate away from housemates, one of them in particular is absolutely freaking out over corona and I'm getting a lot of hassle over being in quarantine in the house. I cant go to my parents as they are both high risk. My living situation is sh1t, my bedroom is small and my partner is in the room with me isolating too. There was nowhere else I could work. Its a sh1t set of circumstances. I've done my best considering.

    My last piece if advice is not mention any of this to HR on Monday. The last thing you need is the see their fake smiles change to jaw drops and uncontrolled sniggering, how embarrassing.

    They know exactly the time and date that they gave you the Lap Top.


  • Registered Users Posts: 487 ✭✭Jim Root


    Why should you be paid if you’ve contributing nothing over those 7 weeks? That’s a lot of time.


  • Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    Your employer is definitely curious as to why you've have to take so much time off due to Covid related issues. I suspect they are just dotting the I's and crossing the T's with them arranging the meeting with HR. Once you have everything in order such as any required proof or certs for the leave you'll be fine.

    Just be professional, not over defensive from the start (they are just doing their jobs) and I wouldn't bother going into too much detail regarding your home setup.


  • Posts: 0 [Deleted User]


    Just tell them you'll make the organisation 9 times your salary once things calm down. That should cover your lengthy absence period.


  • Registered Users Posts: 2,419 ✭✭✭antix80


    Just be professional, not over defensive from the start (they are just doing their jobs) and I wouldn't bother going into too much detail regarding your home setup.

    This is good advice. You can be certain HR and management did their homework before deciding on annual leave or unpaid leave.

    Maybe concerns around productivity given feedback from coworkers or from monitoring network traffic.

    Possibly 12 weeks out of the office during which time the op didn't take annual leave and is coming to the end of the year with 4 weeks left to take.... That could be another consideration! (one for op to answer)

    As for a home setup.. Complaining about that is what I'd describe as ruining WFH for everyone.


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  • Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    The general consensus is to go back to work, be lucky to have a job and don't rock the boat.

    I know people who were on 6 figure salaries before covid 19 and they're packing shelves and working on tills in supermarkets now.
    And they're quite happy to be doing something, it show's they're adaptable and flexible.

    Any job these days is a blessing.

    Imagine being an airline pilot with a huge Mortgage, big house stables and a wife 3 kids, two dog's and 4 horse's to look after.

    And two big cars in the driveway, it's then you've problems.

    Wishing you well on Monday and just go in and make the most of it, play along with company policy even if it's sh17 just do it.

    Because you're worth it....


  • Registered Users Posts: 24,296 ✭✭✭✭lawred2


    nthclare wrote: »
    The general consensus is to go back to work, be lucky to have a job and don't rock the boat.

    I know people who were on 6 figure salaries before covid 19 and they're packing shelves and working on tills in supermarkets now.
    And they're quite happy to be doing something, it show's they're adaptable and flexible.

    Any job these days is a blessing.

    Imagine being an airline pilot with a huge Mortgage, big house stables and a wife 3 kids, two dog's and 4 horse's to look after.

    And two big cars in the driveway, it's then you've problems.

    Wishing you well on Monday and just go in and make the most of it, play along with company policy even if it's sh17 just do it.

    Because you're worth it....

    Why would someone who was earning six figures now be happy working a till?

    Hmmmm


  • Registered Users Posts: 2,419 ✭✭✭antix80


    lawred2 wrote: »
    Why would someone who was earning six figures now be happy working a till?

    Hmmmm

    That's just a bit of happy claptrap. As if any of that's true.


  • Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    lawred2 wrote: »
    Why would someone who was earning six figures now be happy working a till?

    Hmmmm

    Because they're better off working than being on the scribble.

    Happiness is an inside job, it's not up to you to decide people's level of contentment, happiness or decisions.

    People's career's have been devastated by the lockdown and restrictions.

    You can hmmmm away now for all I care and sulk.
    But that's the way the cookie crumbles sometimes.

    It's not exactly sunshine lollipops and rainbows for everyone at the moment cupcakes....


  • Registered Users Posts: 6,783 ✭✭✭ebbsy


    2 covid tests...choose your buddies more carefully Id say.


  • Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    antix80 wrote: »
    That's just a bit of happy claptrap. As if any of that's true.

    So what do people who were on really good wages and have responsibility do during a pandemic which obliterated their earning potential ?

    Go out and find a job in the same area again ?

    You tell me how a person who ran a successful tourism business, flew a plane or owned a nightclub or had a fleet of coaches on the road is going to match that at the moment.

    When that's their primary purpose for year's, a lot of successful business owners have wage's overheads and in a lot of cases break even at the end of the year.

    People like to work, just because they're worth so much on paper doesn't mean they're cash cow's.

    When you're around a while and know about economics and business you'll be more understanding and empathic.


  • Registered Users Posts: 14,181 ✭✭✭✭Dav010


    Having reread your op, I’m struggling to see why your employer was paying you while isolating, isn’t that what the pandemic payment is for? In reality, you are not sick nor on sick leave, so it is certainly debatable whether sick pay would apply, especially in light of their policy on pay when isolating, but not unwell. The timeframes here seem to be inordinately long, quarantine/self isolation is only 2 weeks, it’s hard to see why you needed 7 weeks.


  • Registered Users Posts: 2,419 ✭✭✭antix80


    nthclare wrote: »
    Because they're better off working than being on the scribble.

    Happiness is an inside job, it's not up to you to decide people's level of contentment, happiness or decisions.

    People's career's have been devastated by the lockdown and restrictions.

    You can hmmmm away now for all I care and sulk.
    But that's the way the cookie crumbles sometimes.

    It's not exactly sunshine lollipops and rainbows for everyone at the moment cupcakes....

    You've been reading too many self help blogs.

    Anyone i know on 6 figures, and granted it's not too many (my own income is 6 figures if you include a decimal space) but they're all employed and busier than ever.

    But you apparently know many people who lost 6 figure jobs during covid, shunned the covid wage, and immediately found work and happiness stacking shelves while wearing a facemask. Pull the other one.


  • Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    antix80 wrote: »
    You've been reading too many self help blogs.

    Anyone i know on 6 figures, and granted it's not too many (my own income is 6 figures if you include a decimal space) but they're all employed and busier than ever.

    But you apparently know many people who lost 6 figure jobs during covid, shunned the covid wage, and immediately found work and happiness stacking shelves while wearing a facemask. Pull the other one.

    You can hum and haw all you like, but are you suggesting that people are better off on the 350 and doing nothing ?

    Some people are just able to dust themselves off and get on with it.

    Different strokes for different folk's.

    Not everyone wants to rot away at home on the covid payment and screw the system.

    There's some work out there for delivery drivers at the moment, go figure....


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  • Registered Users Posts: 5,324 ✭✭✭JustAThought


    Lets hope the OP dosn’t lose the run if himself at his HR meeting and tell them he was self isolating in bed with girlfriend while crouching over in bed ‘working’ and has hurt his back now and wants his sickpay. If he can’t smell the self entitlement himself and curb his words he will be in big trouble soon. You won’t be needing a crystal ball to see a P45 looming.


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