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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48466
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If an employee hands in a sick note for a period that they

Customer Question

If an employee hands in a sick note for a period that they were already paid for and where notified to the fact but done nothing to rectify this. Is an employer obliged to back date their sick pay if they sorted the problem two weeks later
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if the employee is entitled to full sick pay or a reduced amount?
Customer: replied 4 years ago.

Full sick Pay

Expert:  Ben Jones replied 4 years ago.
If you have paid the employee their full pay for a period they were actually off sick and they have eventually sent you a sick note to cover that period, you are entitled to either deduct the extra pay from future wages or take this entitlement off their future sick pay as necessary. So if they are entitled to full sick pay there would be no change to their pay for that period but you can take it off heir total entitlement for sick pay when calculating future sick pay.
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Customer: replied 4 years ago.

So in response the employee is not entitled to sick pay for the period they did not leave a sick note in to cover

Expert:  Ben Jones replied 4 years ago.
they are only entitled to sick pay for a period which they have been off sick and have provided evidence of their incapacity to work