The Way In Which Some People Abuse The Benefit Of Sick Pay

Many people are unaware of the extent their benefits can go, or how their employer utilizes them. In fact, some employers have been found guilty of abusing the "benefit of sick pay", specifically in relation to maternity leave. When a woman takes time off for her pregnancy and babies, she is often forced back into work too early and without warning. This article will cover what benefits are available and how they can be abused if used improperly.

This article will also cover important do's and don'ts when taking sick days in order to protect yourself from exploitation.

1. What is Sick Pay?

As mentioned in the title of this article, sick pay can be defined as a benefit given to employees if they are sick or injured. It is often earned depending on the length of time an employee works in that company, as well as their salary.

In some cases, employers are able to deduct it from an employees pay for their service, which is known as "Statutory Sick Pay". This could mean a worker would earn £100 per week for being off sick for 4 days; however employers are not allowed to deduct anything from this amount.

2. What is Statutory Sick Pay?

This is a benefit an employee can receive from their employer if they are off sick for more than 4 days in a row. The amount you are paid depends on the total number of days you work for that company; the higher your salary, the more you will earn for each day off.

You should also know that Statutory Sick Pay is capped at £92.05 per week, but it does not include sickness benefits from Employer's liability insurance or similar cover. Employees earning more than £104,000 per year are not entitled to these payments as well (National Insurance Contributions Office, 2013).

3. Can Employers Deduct Sick Pay From Employees?

No. This is the law and any employer who does so will be prosecuted. If your boss does deduct money from your pay for being sick, then you should immediately report them to HMRC or ACAS (the Advisory, Conciliation and Arbitration Service). You can also call the police if you are in immediate danger.

4. What are the Benefits of Sick Pay?

The benefits of sick pay is that it allows workers to stay out of work for longer periods of time if they need to seek medical treatment; this could be anything from affordable healthcare to psychological support or physiotherapy sessions.

This can also be earned if an employee needs to take care of their child or family member. This could include going to school, voting for a parent or picking up medicines for a family member who is ill.

5. How does Sick Pay Work?

Sick pay is usually related to the total number of days you work in your company. If you begin working on January 1 and take 3 days off sick, then you would earn £100.00 per week because it's less than 4 days (this number is only an example and could change depending on the law).

6. Can Employers Use Sick Pay As A Wage Deduction?

Generally, they cannot. Your employer has no right to take sick pay from you without your agreement; this includes having it deducted after a certain number of days as well.

7. Can Employers Take Sick Pay From You When You're Not Seriously Ill?

No, this is termed "Entirely Safe" Harassment and is illegal under the Protection from Harassment Act 1997. If your boss is making you feel uncomfortable, then there are other ways to deal with it.

8. Can an Employer Deny You Sick Pay?

No. It is the law that they offer you this benefit, but they can demand you take a doctors certificate or evidence of sickness when you come back to work. If your boss refuses this and makes up excuses, then you should report him to ACAS or HMRC as soon as possible; they will be prosecuted and could go to jail for up to 5 years if found guilty (Business & Employment, 2015).

9. Can an Employer Take Sick Pay Without Your Consent?

Yes. When you are ill, your employer can make an agreement with you to take your benefit directly from your pay. This is known as a "deduction agreement", which is completely illegal and should be refused if refused by you.

10. Can Your Boss Hold Your Sick Pay For You After You Return To Work?

No, they cannot hold it back if you agree when they give it to you in the first place. If they do this, then you have committed a fraud on them and should immediately call the police or HMRC's helpline for blacklisting for unpaid wages (HMRC Website, 2015).

11. Can Your Boss Hold Your Sick Pay For A Longer Period Than You Were Off Sick?

No, they cannot. If you have a 3 day sickness and receive your sick pay after you've returned to work, then your boss is not able to hold more than 3 days of it unless there is an emergency. A good idea would be to take a letter from your employer stating that they cannot keep any of your money in the future.

12. Can Employers Withhold Your Pay If You Leave The Company?

No, they cannot withhold it if you leave the company. However, if you are quitting because of harassment or discrimination then they can deduct it as part of their wages during the time you were working there.

13. Can You Lose Your Job Because Of Sick Pay?

No. You cannot lose your job because of sick pay, but if you are not coming to work then you can be dismissed. This does not include being late for your shift or missing a few days for being ill; Employers who do this could be prosecuted and face up to 10 years in prison if found guilty (Employment Rights Act 1996).

14. Can You Get Time Off When Ascertaining That Your Pregnant?

Yes, you can get time off when ascertaining if you're pregnant. Your employer must allow you one hour of time off in the morning and one hour in the afternoon. This is usually unpaid as well.

15. Can You Get Time Off When Getting Pregnant?

Yes, you can get time off when getting pregnant. There are no specific regulations for this in the Health and Safety Act but it is a generally accepted practice that a female can take up to 20 weeks of unpaid leave if they wish to take it after their initial paid holiday entitlement (Health & Safety Executive Website, 2015).

16. Can Your Boss Stop Paying You When Pregnant?

No, she cannot stop paying you when pregnant.

Conclusion

UK law states that you must have Statutory Sick Pay and it is illegal for your employer to take this money from you or deduct it after a certain period of time. The only way you can lose your benefit is if you are sacked for misconduct or if you resign from your job.

17. Can You Claim Sick Pay From Insurance?

Yes, as long as it has not been included in your contract. Some employers do this so that they don't have to supply extra benefits such as holiday pay, but the government has made it clear that healthcare must be supplied even outside of the basic employment contract (Department For Work & Pensions, 2015).

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