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Suspension and sick Pay

Suspension and sick Pay


We had an employee who was off sick and in receipt of occupational sick pay and SSP.
He was then suspended on full basic pay, and during this time continued to submit doctors notes. Now that the issues have been resolved, he has now resumed his sick leave and related sick pay.
I have also learnt that whilst on suspension, he was signed off as fit to return by his GP, then was signed off as sick again a week later; this all being academic of course, as he was on suspension during this time.

So far so good.

Do I now have an obligation to retrospectively calculate what sick pay and SSP he would have received had he not been suspended, which will also impact on his outstanding SSP and occupational sick pay entitlements?

The individual concerned, and to an extent HR, seem to be in agreement that this would not be the case; the view taken is that an employee on full pay suspension cannot then have that period changed to sick leave/pay once they have returned.

Has anyone ancountered a simialr situation either in payroll or HR?
Any relevant advice would be appreciated.


Lee Clayburn


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13th Aug 2008 13:39

What if, for example, he had booked a holiday and then returned to work and claimed that he was sick whilst on holiday, would you then credit him his holidays back and pay SSP? It is unlikely.

Its either 1 or the other.

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