Employment Lawyers Can Answer Your Employment Law Questions
Ok no problem, will 'chat' to you then.
Hi have you or anyone else ever been asked to make up time off sick before?
Hi I know I haven't answered yet. Can you see the other question? Have you or anyone else been make to make up time off sick before?
Were you paid for the time off?
Ok it is not a normal situation in that most employers do not pay when off sick in these circumstances therefore the employer would not require the time to be 'made up'. If the contract does not state that you will be paid in full for time off sick then, contractually your employer can try to take steps to recoup the overpayment potentially either by deducting the money or by asking you to make the time up. If they are days that you are entitled to take SSP for (i.e. days above the 3 waiting days) then I cannot see how the employer can legally ask you to make the time up as they would, in effect, be profiting from your sickness (because as a small employer they can recoup the SSP from the state).
I can understand why this seems unfair and you can raise a grievance about it. The employer may just say that they will deduct the days pay from your salary though, and this would be legal in the event that the contract does not specifically entitle you to sick pay.
If you have any further questions about this please do ask.
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