Long-term sick/handing in notice

[vodkancoke]

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

:)

[boxtops]

Where I work, you are entitled to your sick pay whether or not you are off sick - so we would pay the holiday pay on top of her final pay. (ie as you suggest, 4 weeks' notice plus 4 weeks' holiday pay).

[4getmenot]

you have to give her annual leave on top of it.

[4getmenot]

although bank holidays will be used and if your company has a week at xmas that would be taken out of her annual leave.

[vodkancoke]

Thanks for your replies, just to clarify I pay her the sick pay until the date of the certificate which is Boxing day, 4 weeks full pay plus 4 weeks holiday pay which equates to 2 weeks sick pay plus 8 weeks full pay?

[boxtops]

I think you would carry on paying her sick pay during her notice period - it's not as if she's fit to work, so you can't pay her normal pay, surely? I would say sick pay until she leaves, plus 4 weeks' holiday pay.

[sunny-dave]

... may not be the full 4 weeks holiday pay - depends how much she has accrued (pro rata) in the holiday year up to the date of her resignation - (obviously less any she has actually taken).

[vodkancoke]

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!

[vodkancoke]

She gets 5.6 weeks holiday and works 4 days per week so that is 22.4 days holiday. She has taken 7 days so she has 15.4 days which I rounded up to 16 days remaining.

[sunny-dave]

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.

[vodkancoke]

Thanks sunny-dave (and everyone else) for your answers :)

[4getmenot]

yes but do those 5.6 include bank hols? If they do then 26th and 27th are if she works mondays and tuesdays. And is annual leave jan to dec?

[vodkancoke]

They are told they have 5.6 weeks holiday to take every year however they wish as we are open bank holidays except Boxing day as it falls on a Monday. Our holidays run 1st Jan-31st Dec.

[vodkancoke]

Sorry 4get, yes to answer your question the 5.6 weeks does include Bank Holidays which they don't take off as we are open and they can take them off at another time...except the 2nd Jan and the 26th Dec as we close those days.

[maclarencat]

As she has not [provided sick lines for her 4 weeks notice then she either has to work her notice(which is not possible because of her condition)ot take her notice period as holiday. So all you will have to pay her after boxing day is her accrued holidays.

[vodkancoke]

Thanks maclarencat, that's what I thought I was supposed to do but then thought I would have to pay her both holiday pay and normal pay.

Thanks for your help :)

[cassa333]

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.