Crosswords0 min ago
Long-term sick/handing in notice
16 Answers
Hi all,
I am hoping someone can help me. I have a member of staff who has been off sick since 18th July after suffering a stroke. We have been receiving sick lines every 4 weeks and the last one we received was the 21st November for 6 weeks which takes us to Boxing Day. My employee telephoned me this morning saying she wasn't returning to work because of the stroke and she feels she isn't up to it anymore. She is sending on a letter confirming this.
My question is (at last!) she has 4 weeks left of holidays which she hasn't taken. Since her notice period is 4 weeks, can we just pay her the holiday pay, or do I need to pay her the remaining sick pay week and then 4 weeks pay plus holiday pay? I do use an Employment Law company but the have a habit of confusing me (easy to do!) and they are telling me to send them the letter when we receive it and they could ask her to take it as annual leave which I assumed was the same as holiday pay?
I am sorry it's so long-winded and I appreciate any advice anyone can give me
:)
I am hoping someone can help me. I have a member of staff who has been off sick since 18th July after suffering a stroke. We have been receiving sick lines every 4 weeks and the last one we received was the 21st November for 6 weeks which takes us to Boxing Day. My employee telephoned me this morning saying she wasn't returning to work because of the stroke and she feels she isn't up to it anymore. She is sending on a letter confirming this.
My question is (at last!) she has 4 weeks left of holidays which she hasn't taken. Since her notice period is 4 weeks, can we just pay her the holiday pay, or do I need to pay her the remaining sick pay week and then 4 weeks pay plus holiday pay? I do use an Employment Law company but the have a habit of confusing me (easy to do!) and they are telling me to send them the letter when we receive it and they could ask her to take it as annual leave which I assumed was the same as holiday pay?
I am sorry it's so long-winded and I appreciate any advice anyone can give me
:)
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.I was told I could only pay sick pay if I had sick lines. The latest sick line only covers her until Boxing Day. I had telephoned her during the week to ask if the sick line could come in on the 23rd as thats when I need to put the wages through and most surgeries are closed on Boxing Day. She told me today I wouldnt be getting anymore sick lines as she wanted to hand her notice in.
Sorry, I know I'm coming across as a moron, I just know they will take me to a tribunal for any excuse they can!
Sorry, I know I'm coming across as a moron, I just know they will take me to a tribunal for any excuse they can!
If she doesn't provide a sickness certificate for the period of her notice then you can't pay 'sick pay' - so I guess she has the option of either using her accrued holiday (at full pay) to cover the four weeks or taking unpaid leave for the four weeks with the holiday pay paid separately.
There may be tax and/or NI advantages to her in choosing which way to do it - but that is really her decision not yours.
There may be tax and/or NI advantages to her in choosing which way to do it - but that is really her decision not yours.
Depending on her contract you take her 4 week notice period from the time of notice. For example if she gave notice on 1st Dec = 28th Dec. Her last day of 'work' is 28th Dec. However her sick note goes to 26th Dec. She would therefore be paid sickness benefit from 1st to 26th Dec and the last to days would be unpaid, providing she didn't send in a new sick note for the last two days. Plus any holiday accrued throughout the year that has not already been taken or paid for.
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