Backdated sick pay rights

Hi, I've been on the .gov website and cannot see what I want to know.

I've have depression and Chronic Fatigue syndrome, my employer knows the latter.

I have recently been off sick a lot, I only do 15 hours a week (3 days) but have missed lots of work. I was going in 1 day a week but now I've not been going in during the week.

Where do I stand on sick pay as a friend has only just suggested it tonight. The HMRC and jobcentre won't be open at the weekend to ask.

I was wondering if I can get backdated sick pay? I don't have a doctors note because I've only just found out about sick pay, do texts to my boss count to say I'm not able to come in? I'm already on ESA and PIP. Is sick pay still possible?

Or is it the case that I cannot backdate without sick notes from the doctor as evidence?

I had an emergency doctors appointment today due to depression and didn't know to ask for a note. The next appointment they have with an doctor isn't until April. Should I ask for another emergency appointment to get a note?

Thanks for your help.

12 Replies

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  • Hi

    Your sick pay entitlement will depend upon the policy within the firm you work for. Statutory sick pay cuts in after 3 days absence. Some businesses, generally larger firms and local authorities and the like, give sick pay from day 1 but smaller firms only apply sick pay from day 3. If you can claim sick pay for these days you need to self certificate- self certification generally covers you for the first week and a GP wouldnt usually provide a sick note for a period 7days and under, although in some circumstances some GPs may.

    Is it possible for you to speak to your GP over the phone and discuss this? I know my health centre does allow calls to a GP for this type of request, especially given that you've just had an appointment and there are no other appointments available.

    Good luck!

  • Thank you Little-nelly I'll see of I can get a GP phone call. I unferstand about thr 3 days rule but wasn't sure about what you meant when you said about 7 days and under. I'm talking about more than 7 days and if this can be backdated by text alone?

  • Sorry about my spelling errors!

  • Hi, sorry for the confusion! If you have been off sick for more than 7 days in a row then you will need a Drs sick note. If you had 2 sick days and then worked a day and then 5 sick days that would be two periods of self certification

    Hope that clarifies it!

  • Also should have said that calling in sick to a supervisor/manager should be ok unless the sickness policy states that you can't. If this was the case you should have been informed ,that this wasn't acceptable at the time. :)

  • I meant calling in sick by text! Doh, more haste less speed with me this morning !

  • Hi I don't think you can get a sick note backdated for more than 4 weeks. Most doctors are willing to do one say in the middle of a 4 week sick note period and backdate a few weeks. I am unsure with part time hours though as I worked full time and this was many moons ago so a lot could have changed since then.

  • Ok, thank you, I will speak to my doctor about backdating for up to 3 weeks if possible. I have just emailed my employer to ask for sick pay. I think I have to tell him within 7 days that I would like sick pay, so I'm not sure that I can backdate 2-3 weeks anyway? I think at least I have asked him, and my doctors is shut now so have to wait until Monday to book an urgent doctors appointment (seems the only way).

    I should have know all this years ago because I had serious depression and I was alone with it (no support). I never thought of / knew about sick pay so I worked for days when I shouldn't have and got several work disaplinaries and meetings about my mood and how I should put on a smile for customers. I was very ill and senior staff and my boss could see it - still no one asked if they could help me - it was all about an aggressive approach to inform me to keep up appearances. Then I had to quit my job because I couldn't do it anymore and I was about to be fired as well, plus I just got slipped discs and my job demanded me to be on my feet all day. Then I wasn't capable of getting a job because of depression, slipped discs etc. I didn't go on benefits because I felt guilty, for months I battled in my mind about various things including benefits, but I wasn't able to 'do' anything. I also have CFS which I didn't know then. And because I didn't feel I could find out about benefits help (I couldn't eat let alone cognitively think about things). But if I knew about sick pay before then I would of worked when I was capable and not quit my job, and not got to the state of loosing my life's savings and the flat. Some how I have forgotten that sick pay is possible - just I have never thought of it. It's hard asking for it though, my boss has an independent business with 3 staff... it's difficult to justify I am worth asking him for it.. but then that's part of the condition (self worth). In my mind I think he's not going to like me, and he's going to make life difficult for me.. if I go back to work how can I face him knowing I have asked money from him,.. (I also have Borderline personality, so I have to try to remember these thoughts are not in my best interest and what I need to do for myself, rather than self punish, and they are from the fear of being judged by others).

  • Hi you need to check your contract of employment as this will lay down the company policy on sick pay. Some employers pay you in full for a few months or so then it goes down to half pay. Some don't pay any at all.

    What you are asking your employers for is statutory sick pay, but you might not be working enough hours to qualify in which case you would contact the jobcentre and put a claim in for ESA (Employment and Support Allowance). Whichever way you will need a sick note from your doctor after 7 days. Until then you can self certificate.

    I am fairly sure that SSP doesn't come out of your employers pocket but out of the Governments. You shouldn't feel guilty about claiming because of sickness as this isn't your fault and you are a taxpayer aren't you? This is why we have a welfare system. I presume you are in the UK?

  • Hi Martinajane

    I'm Sorry I didn't realise you hadn't been welcomed on to the site, as you've had so many replies!

    However, no excuse! Welcome to the site, I hope our members are able to give or have given you some helpful advice!

    My Apologies

    Take Care. Warm Wishes spykey🤗

  • @Liliaclil I asked for a contract but my boss never gave me one. He said it would take to long to write. I gave up asking as he was going to give me a letter instead.

  • @liliaclil No I'm not a taxpayer because I don't earn enough.

    Online it said your employer pays your SS pay, it doesn't say the government.

    And I was going about this with the thought that SS pay wasn't a choice for the employer, because I knew my boss wouldn't give it if it was, but you think otherwise? This is a bit worrying, I.e. I shouldn't of asked for it if this is the case...doesn't make me look great.

    I mentioned I am already on ESA.

    Thanks for your thoughts and help.

    @spykey thanks, didn't realise I 'should of' got a welcome, many thanks for it!

    Just asked my employer to his face for SS pay as I made it to work today! He said I didn't get any and was confused, as I expected (he doesnt usually know if hes coming or going on the basic work stuff) and asked me 'how do I do that?' He said I don't get sick pay because anyone could stay at home and claim they were sick. So I answered 'unless they gave evidence'.

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