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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been off for 16 months with cancer. Did 6 months full

Resolved Question:

I've been off for 16 months with cancer. Did 6 months full pay and 6 months half pay then 4 months with no pay. I went back to work and have been there for 4 months. The cancer has returned and need to be off for about 6 months for treatment again, will I get paid?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does your contract say about sick pay entitlement? Please note I am in tribunal today so may not be able to respond immediately but will rondo ASAP. Thank you
Customer: I work for Havant borough council and have done for 11 years. This is my first sickness time off. Contract say 6 months full pay and 6 months half pay. But as I've only been back for 4 months and will be off from enf
Customer: i work for Havant borough council and have been there for11 years and never been off sick before this. Contract says 6 months full pay and 6 months half pay but as only been back 5 months wanted to know if 6 months full pay starts again. I have liver cancer
Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

Is there anything else in the contract that deals with the sick pay entitlement? For example, does it say it only applies for a rolling period or that you need to be back for a certain time for it to apply again? If you have the full clause on sick pay that would be helpful, many thanks

Customer: No it just states after 5 years service 6 months full and 6 months half on authorisation of head of operations. Otherwise only 3 monr
Customer: 3 months payable.
Customer: Under "other conditions of service". It says your employment is subject to medical fitness for duties"
Ben Jones :

From the wording of the contract it would appear that this may just be a one off entitlement to sick pay. So if you have the required minimum service then you are entitled in total to 6 months full pay and 6 months half pay. Once that entitlement has been exhausted it is unlikely to apply again. So you cannot get 12 months’ sick pay, then return for a few months, go off and get another 12 months’ pay, return again, then go off and so on. You get the 12 months sick pay in total and that is it – once it has been exhausted you will move over to Statutory Sick Pay. Therefore, if you go off sick once you have used up the 12 months’ sick pay you will not be entitled to any further full or half sick pay, even if you had returned to work as normal in between.

None of the above prevents the employer from allowing you to receive more full or half pay sick pay but that is left at their own discretion. If they refuse then the above would apply and you would not be able to challenge their decision.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Ok cheers
Ben Jones :

you are welcome and a happy Christmas

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