Day before return to work go off sick why no sick pay?

Jayb · Jan 15, 2009 7:20PM

Hi can anyone help i was due to return to work at begining of the month and day before fell and tore up my knee. Phoned in sick they were ok said they could do with me back asap so i went in for one shift and they sent me home as i still couldnt walk. Now they are saying i wont get sick pay as i wasnt due back till december but my maternity pay finsished in september so thats why i arranged to go back. Can they do this. Am i entitled to holiday pay from when i was on maternity?

RachelandBabies · Nov 20, 2008 2:02PM

Hello, having worked in Payroll I can tell you that unfortunately they are right ref. your maternity dates/sick pay, however you may have a case if you have in writing that your return to works starts in October or November. However with ref. to your holiday entitlement, you would have accrued holiday whilst being on mat leave, so hopefully you can be paid this! If they do not, you may have a case on discrimination. Email me if you need any help xx

Afterallthat · Jan 15, 2009 7:20PM

Hi Jay.b
As you'd agreed to go back, and actually went back, be it only for a few hours, it is clear your maternity ended. You will be due SSP if not company sick pay, you may want to weigh up which is best - i think SSP is about ??40 a day, so it's worth the fight for against the ??117 a week of SMP. You decide how long your maternity leave is - not your company. You are entitled to a year but as long as you follow pocedure can return when you want - so they should be paying you SSP at least.

Day before return to work go off sick why no sick pay?

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