My rights?

B

Babymakes3

Guest
Hi All,

Im just wondering if anyone can give me advice. I am pregnant and have been on certfied sick leave for the last few weeks as I have been very unwell. My employer is completely aware of this but I have been getting alot of hassle the past few days from Hr and my manager saying they never got a sick cert from me blah blah blah (untrue as i posted it in) and my position is in jeopardy now etc. Now there has been a number of times where I have been treated unfairly by my mananger...I have since raised this with HR and am waiting on a response from them.

With regards to sick pay..we do not receive sick pay but sick pay has always been taken out in arrears..ie if you were out for 2 weeks in a month theyd take maybe one week the next month and the other the month after that...I went to check my wages today to find they have not paid me at all this month. Considering the previous policy of deducting pay in arrears are they not obliged to continue with this?

Anybody any ideas as to where I stand on this issue?

Thanks in advance
 
In fairness to them, it is always possible that HR or An Post have lost the cert. However, and assuming you are not already in a disciplinary process at the minute, your manager cannot simply say that your position is in jeapardy. I'd suggest you contact him and ask him to explain in more detail what he means and why he is saying that and then ask him to put this in writing to you. I'd also suggest you make notes of any further conversations with him

as for sick pay, what does your contract/staff terms and conditions state?
 


Hi Mpsox,

Thanks for your quick reply,

Thats probably what they have done..lost the cert..i said to them that if necessary I would get a duplicate cert from my doctor but that I would have to pay to get that and its unfair that I should have to pay for it when I posted it.

Well the absence policy is very vague..it just says that a sick cert is required for absence of more than two days and that they do not pay sick pay. Since i've started though i've been in and out of hospital though so have missed a fair amount of work but they have always deducted sick pay in arrears if you know what I mean..so im not sure if they are obliged to continue with this procedure or if they could change it just like that without warning..
 
Babymakes3 said:
Thats probably what they have done..lost the cert..i said to them that if necessary I would get a duplicate cert from my doctor but that I would have to pay to get that and its unfair that I should have to pay for it when I posted it.
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I don't think you should take this stance as it's confrontational. It's your responsibility to ensure your employer is notified of your absence.


So they were paying sick pay out of goodwill in the past? On what grounds can you claim that they should contiunue to do so?
 
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You need to get a duplicate cert as this is sounds a bigger issue then simply being off once or twice with sickness. Accept it is a cost and may not be your fault but such is life.

If there policy says they don't pay sick pay and they are actually enforcing it now, that is not being unfair, they've simply done you a favour in the past by not deducting it all at once. In fairness to them as well, that may not even have been deliberate if your sickness for example ran across when their payroll ran or if they required some forms from your line manager as to when you were off

I'm presuming as well in all of this that you've notified your employer that you are pregnant and are aware of what you are entitled to under your companies policy. Your real issue here is not the salary, it is your line managers comments about your role being in jeapordy
At the end of the day, at the minute you are no worse off overall finacially then you would have been if they deducted some of your sick pay this month and some next month, albeit I accept it is creating an issue for you
 
Babymakes3 said:
been on certfied sick leave for the last few weeks
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they have not paid me at all this month.
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By last few weeks do you mean you didn't work at all this month?

I suspect that they have lost patience (position is in jeopardy comment) and may also be concerned that if they continue deducting in arrears they may not get the opportunity to recoup.

You should probably alter the thread title....
 


Not on goodwill no they do the same for all staff..

edited to add as I said they don't pay sick pay..they dont take it out in one go they deduct it in arrears
 

Yes my employer is aware from the beginning that I am pregnant..

I take your point about the salary and I know they probably dont have to pay me in arrears unless stated in their policy but if other employees are treated in such a manor I dont feel I should be singled out and excluded from that really you know
 

No I was in work this month..

Theyve no reason to lose patience as they were made aware from the start how long I would be absent for and no matter if i was able for work or not they wouldnt allow me to return as my cert has me unfit until a certain date if you know what i mean
 
Thanks for your responses..i've just gotten the money thing sorted..easier than i expected but there you go!


thanks again all

xx
 
Welfarite said:
So they were paying sick pay out of goodwill in the past? On what grounds can you claim that they should contiunue to do so?
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"Custom and Practice" is recognised in Labour Courts, and if OP wanted to pursue a harassment case due to pregnancy, this could be used.

Also, a bit mean spirited to change policy when a woman in on pregnancy leave.
 
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