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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had to stop my medication for my chronic diagnosed

Resolved Question:

I had to stop my medication for my chronic diagnosed condition, fibromyalgia because it wasn't helping the pain anymore and the side affects were worsening my symptoms. The withdrawal effects of Duloxitine have been horrendous and because of this and added to my condition was unable to leave the house due to sickness shaking migraines and gastrointestinal problems. Therefore I was unable to work.
I self certificated for 1 wk and was given a GP not fit to work note for 1 wk and then a phased return to work note for two wks. Although I wanted to go back to work I felt this would be difficult as I work singularly in my position I am a Dispensing Optician and attending work gradually for a few hrs each shift wasn't viable.
I therefore returned to work for full days and half a day and dropped a day from my usual working week with my employers agreement.
My employer usually pays for sick absence but has said that they aren't sure if to pay me for the days I didn't attend work during my phased return to work as they were unsure if this was classed as a sick period...
As this was during my phased return to work period with the terms agreed by my employer I'm unsure of where I stand on this.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.

Please can you tell me how long you have worked there for and how long the phased return to work is for?

Customer: replied 1 year ago.
I have worked there for two years and the phased return was for two weeks.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. It is indeed possible to treat the days or time off during a phased return to work as sickness absence and receive sick pay for them. However to receive SSP you must have been absent for 4 or more days in a row, so if you are just having intermittent days off and it does not amount to at least 4 days off every time then you will not get SSP. However, that does not prevent the employer from still paying you company sick pay, i.e. a discretionary sick pay entitlement that they pay, which is separate to SSP.

If the employer does not pay you their discretionary sick pay entitlement then during a phased return to work you are only paid for the days/hours you work, so it will be a pro rata amount. The alternative is to use your annual leave to cover for these days to ensure that you are still being paid on full.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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