Company changing goal posts on sick leave policy

C

Curleysue

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My boyfriend is in a bit of a dilemma. He hurt his back a week ago in a non related work accident. He has been employed with the same company for over 3 years. His boss came to our house the first day of his sick leave and he advised him to take his time coming back to work. He called again a few days later to see how he was and once again advised him to take his time returning to work, stating that the work will be there when he returns and that he must look after his back. My boyfriend said he would get a sick cert, but his boss said not to worry about it.
However yesterday, (day 4 of sick leave) he got a phone call from his boss stating that he had used up his three days sick leave and that he would have to advise them if the remainder of his leave would be taken out of holidays, unpaid or social benefit. My boyfriend was completely stunned at the turn around of events as:


1. He was never advised on the company policy about sick days (His boss said yesterday that they had decided on sick policy some time back but forgot to tell him!)

2. He does not have a contract of employment


My boyfriend understands that the company are entitled to have a sick policy, but he can’t understand the turn around of events. As I said above he has been with this company for over three years and during that time has taken only 2 sick days, so it’s not a case of him taking liberties with sick days.

Has anyone had a similar situation or advise?
 
In the absence of a written contract of employment (to which he is legally entitled and which he should now seek out) any company policy handbook and/or what has happened in the past with other employees in the same situation may be relevant. There is no statutory entitlement to paid sick leave.
 
Where there is no sick leave policy in place alot of companies leave it to the manager to decide whether to pay sick leave or not, he could decide not to pay you but pay someone else sick leave,hard I know but I have seen this first hand.
I think you have to except it or things to get quite messy for you
 
I can only reflect what the lads have said, Companies do not have to even give a days sick pay. Most give three days and then welfare take over. Is it a big firm?
 
Its quite a large firm, and yes i think he will have to grin and bear the situation. In todays market he cant be seen to rock the boat.

Thank you for your advise
 
The firm isn't being unreasonable in looking for a cert, though the MD managed to confuse the situation slightly. He should certainly be looking for a written contract regardless.
 
Complainer said:
The firm isn't being unreasonable in looking for a cert, though the MD managed to confuse the situation slightly. He should certainly be looking for a written contract regardless.
Click to expand...


Oh I understand that companies should have a sick policy, they need to look after their own interests, I was not disputing that for a minute, I just couldn't understand how they were saying one minute to take as long as he needs and the next they were telling him his sick leave had ended and that they forgot to tell him of the company sick policy. My boyfriend did on two occassions say he would get a sick cert, which on both occassions his employer said it wasn't necessary and to take as long as he needed to get better. As stated he has only taken 2 days sick in the 3 1/2 yeas he has been with this company. As for the contract of employment I think he should ask his employer for it. Thanks again for comments.
 
generally you are obliged to provide a sick note to your employers if you are sick for more then 3 days, it is really irrelevant what your partners boss told him, that is what is ususally expected (check citizens advice website)you would be surprised the amount of "bosses" who are not aware of there own company policy.
you are entitled to social welfare after the first 3 days. When your partners boss showed concern and told your partner to take his time coming back to work, then I would imagine that was pure concern for his injury, and that very likely wasnt a hint that just because it was ok for him to be off sick then he would be paid sick (unless he specifically said this)
I am a manager and deal with absences quite often , I would generally duly show concern when someone is ill, but that is alwasy directed at the individuals illness or injury, it is nothing to do with if they get paid or not.

Companies are not obliged to pay any sick pay...though some do
Dont really think he can do anything about this. I know its annoying esp if neither of you knew the policy
 
could you explain how he hurt his back? Was it at work or not at work?

It is my understanding he is not entitled to a written contract of employment. He should have received a copy of the written terms and conditions within a short time after starting work. I further understant that for any employer to rely on a policy/procedure, it must have been furnised to the employee within 28 days of commencment of employment. S12 of one of the acts dealing with unfair dismissals ( the earlier one)

The employer called to see how he,and also to see what he (employee) would say about the situation. some insurance companies point out there is less chance of a claim where they do so.

There is no automatic right to sick pay.

He must go to a doctor, and perhaps he is able to do light duties !!!
Insurers like to see employees going back as there is less chance of a claim.
if not illness benefit may be an option, injury may have to occur at work for this ( i am not sure)

Check out the NERA website and you can ring them to clarify entitlements,

When did he last do a manual handling course at work? Was it relevant to the job he does?

More than likely, given the current ecomomic climate, this employer may plan to get of this employee, so be very careful
 
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