Advice - loooooooong term sick employee.

[Tyre Smoke]

I have an employee that has been on long term sickness with depression for over six months now. As a company we don't pay sick pay and their SSP has now run out.

I am keen to get this employee back to work. This might (and would be acceptable) to have a staged return, part-time light duties moving over an agreed period of time back to full time working. However, there is no sign of any return to work happening in the near future.

I have a few questions:

1. Can this employee return to work for a day or week and then be eligible for another six months SSP?
2. I want this employee to return to work, but am I legally obliged (never mind morally for a moment) to keep their job open indefinitely?
3. Where (other than here!!) can I get some sensible advice?

We have a meeting tomorrow with this employee and a 'return to work' counsellor tomorrow and we're not sure what to expect. Any advice most welcome!

[GadgeS3C]

Take a look at the ACAS website and maybe give them a call.

[Gargamel]

http://www.adviceguide.org.uk/scotland/work_s/work...

SSP is paid for up to 28 weeks. If you are off sick with gaps of eight weeks or less, your days off sick are added together to count towards the 28 weeks. If you are off sick more than once with more than eight weeks in between, the periods you were off sick are not added together and the 28 weeks starts being counted again each time. SSP also stops three years after you first become entitled to it, even if you have not had 28 weeks of the benefit. If your employment ends while you are on SSP, your sick pay will stop too. SSP does not stop if you go into hospital while you are off work.
When SSP runs out or you stop being employed, you may be able to claim Employment and Support Allowance.


This is useful too

http://www.ucl.ac.uk/hr/docs/sickness_management.p...


HTH

[Tyre Smoke]

So, just so I understand Gargamel, if they return to work, they have to be back at work for at least 8 weeks before SSP becomes payable again?

Their SSP 28 weeks expired in the last financial year, but suspect that is irrelevant?

[Gargamel]

Yes.

So if your person had say 14 weeks of ssp, cam back for 3 weeks then went off again for 6 weeks. They would have taken 20 of the 28 permissable weeks of SSP

But in your case it sounds like all 28 weeks are already used. So they would need to be back for at least 8 weeks

This is good too http://www.hmrc.gov.uk/employers/ssp-faq.htm#d

[edc]

You can dismiss fairly if you follow the correct procedure on the grounds of capability. Documentation of the company actions is vital.

[mph1977]

edc said:

You can dismiss fairly if you follow the correct procedure on the grounds of capability. Documentation of the company actions is vital.

did you actually read the OPs question ?

the OP doesn't actually want to dismiss the employee but doesn't want a revolving door of (really) short periods back at work to reset the sick pay clock followed by 28 weeks of SSP

[Gargamel]

So come on TS, what happened. All better ?

[Tyre Smoke]

Had a meeting with some sort of 'back to work' NHS councillor and my employee. To be honest, my employee was doing their very best to look spaced out and distracted. My employee is signed off until the end of May, but the councillor is looking to effect a phased return to work, which won't affect the benefit being paid - now off SSP so gets a DSS sick benefit instead, which can still be paid whilst the employee does upto 16 hours a week.

We have requested the opinion of the GP as to their fitness to return to work, because this councillor seems to think that after being signed off since Sept 2012 at a month at a time, then miraculously the week after this latest sick note expires they will be fit to return to work - albeit part time.

So, the update is wait and see.

[mph1977]

Tyre Smoke said:

Had a meeting with some sort of 'back to work' NHS councillor and my employee. To be honest, my employee was doing their very best to look spaced out and distracted. My employee is signed off until the end of May, but the councillor is looking to effect a phased return to work, which won't affect the benefit being paid - now off SSP so gets a DSS sick benefit instead, which can still be paid whilst the employee does upto 16 hours a week.

We have requested the opinion of the GP as to their fitness to return to work, because this councillor seems to think that after being signed off since Sept 2012 at a month at a time, then miraculously the week after this latest sick note expires they will be fit to return to work - albeit part time.

So, the update is wait and see.

Is the 'back to work counsellor' a none-job person or a HCPC registered Occupational Therapist ?

my own dealings with the OT type of these people were fairly positive ( but given my background and supportive OH consultant at then work) not necessarily all that helpful, however for people where OH services are contractorised or none existent they can be very useful ...

the benefit is probably ESA in the 'work related activities group' and the reference to 16 hours is related to 'permitted work ' rules ...

[Tyre Smoke]

Draw your own conclusions.......


MINDFUL EMPLOYER is an initiative run by Workways, a service of Devon Partnership NHS Trust which provides information, advice and practical support for people whose mental health affects their ability to find or remain in employment.



Workways is a Centre for Mental Health Centre of Excellence for Individual Placement and Support (IPS)

[Slurms]

If they have been off for so long do you want them back?