sick pay entitlement?

[sandman1]

Can anyone be kind enough to give me some advice and (truth!). On the 22nd Dec 08, I fell ill with chest infection and I was on holiday; and back in work the next day 23rd Dec 08. My only available appointment, with my GP was on the 23rd Dec 08. On the 23rd Dec, I phoned in sick and said I might come in the next day, Christmas Eve. When my GP examined me, he said I had a very bad chest infection and gave me a sick note of 7 days commencing from the 23rd Dec and this was handed into my employer on that very same day. When I got back in on 31st Dec 08, I got my wage slip and only got 1 day SSP of £55.08 and no holiday pay of Cristmas and Boxing Day. I was told I lost this because of not turning up for Christmas Eve. When I told them my sick note should cover that from the 23rd. They tell me I don't get payed for the first 3 days, hence, 23rd, 24th and 25th. So I should get SSP from 26th and 27th, instead I got payed for 27th. Surley by law, this is a public holiday and this should not be affected. One of my work collegue told me I am still entitled for 2 lieu days that is owed to me if I don't get paid. Is this true? What are my rights with this situation? Your advice would be much appriciated.

[letterman]

This may help clarify your legal entitlement: Sick pay rights : Directgov - Employment & this: Frequently Asked Questions - BERR

 

I would take a look at your contract of employment and see what is said. It may refer to an employee handbook in which case you will need to consult that.

 

I am no expert on the rules surrounding payment for public holidays whilst sick, however it seems reasonable that you would have been paid for the two public holidays (xmas & Boxing day) if it is normal for your employer to give them.

 

I would recommend having a talk with your HR department or line manager if you do not have HR. I'm sure if you ask they will explain the basis of your payment. They may have made a genuine error.

Edited January 5, 2009 by letterman