Employment law regarding sick leave

    Wonder if anyone could help me. A colleague of mine is having trouble at work because his wife has contracted cancer. He has 3 children and nobody to rely on to look after them. Now, obviously his partner is having treatment and it knocks her for 6. Hes had what the employer considers generous family leave in that hes had 17days. (only entitled to 15). Hes got no holidays left as he used those up first and now hes been told he wont get paid for any more time off that he has which he cant afford. Hes flirted with going on the sick himself because he gets paid for 6months at full pay but hes a genuine guy and doesnt want to buck the system but what the hell is he supposed to do. His partner ia too sick to look after the children at the moment. Has anybody else been in this position? I feel so bad for him which is why im doing my own research in to it. Thanks in advance to all those that reply.

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    If his employer wont let him off he should go to doctors and go off sick. He should try other avenues with work first such as part time hours, working from home etc also

    I don't have any advice... but best of luck with finding out... hope you help him find a good solution

    I have been in this exact position. It was not easy but we made it through I was diagnosed with cancer when youngest child was 3 months old and I also had a 2.5 year old. DH works in a small family run business and although they were supportive he felt he could not take additional time off. He took some holiday when I needed taking for certain treatments and once when I felt unable to care for the children. My chemotherapy and radiotherapy were intensive but I had to muddle on through. I got support from HomeStart - a charity for families and the Red Cross. Each sent a volunteer once a week for a few hours to give me a break and allow me to rest. My health visitor was involved too and requested help via social services to fund nursery places for respite but this never materialised for me. I am aware of others having managed this so it is an option worth pursuing. Most days I managed with far too much reliance on cbeebies/DVDs and books - whatever it took. My specialist referred me to Macmillan too late for them to be of assistance but there are grants available as well which may help.

    Been through this recently myself, go on the sick with stress, I actually had to do after exhausting the special leave routes etc

    what do you mean by buck the system? businesses no longer get anything from the goverment with regards sick pay. As far as law goes, businesses have to pay £87:55 sick pay per week for 6 months. Anymore is just a perk from the business. But as of 6th April this year they no longer get it back off the goverment.

    This is a truly stressful time , and im sure that your collegue would be treated sympathetically by gp, if he explains how he feels he may be genuinely suffering from anxiety /stress and be signed unfit for work .

    Although ppl are advising to go off sick, a colleague of mine has been off sick and she has been sacked and she is genuinely sick. I really hope u get through this xxxx

    Employers are playing the numbers game now and are willing to sack people and 'risk' an unfair dismissal tribunal as paying someone to be off for 6 months plus the cost of paying for staff cover and training can be more than the payoff awarded, that's if you even win the case.
    The stories of people being off for 6 months on 'sick' are becoming less and less.


    Although ppl are advising to go off sick, a colleague of mine has been … Although ppl are advising to go off sick, a colleague of mine has been off sick and she has been sacked and she is genuinely sick. I really hope u get through this xxxx

    if your gp examines you and certificates that you are unfit to work then you shouldnt go to work, any company who sack a person who is certificated by gp is acting unlawfully.
    im not suggesting that anyone goes to gp willy nilly , but if you are genuinely affected by a stressful situation as the op describes its likely that you are suffering from mental and physical symptoms of stress and anxiety.
    i have been through a similar situation, and i was unable due to being unwell to carry on working at that time, how i felt dictated that i was in no state to carry out my job competently at that time.

    Your Gp should be able to refer your wife to a macmillan nurse or a cancer nurse linked to either your surgery or a group of surgeries. They have a wealth of information for families, also most large hospitals have a cancer information point for queries and advice.

    lInk to Macmillan benefit advisor:…spx
    Lots of info on there.

    I was in a similar situation with poor health after my 3rd child. Not sure how old the children are but I was able to get 2 year old funding from my health visitor. They can approach any nursery and ask them to apply for it. They'll need to provide medical records to verify illness (appt letter was sufficient for me) and can claim 15 hours of care a week. Your friend could go on sick leave (stress/anxiety) but having recently been off work sick the return isn't so great. Also the company may do a check and find he is lying (means of investigator) and that could cause more problems. Afterall, any company won't pay you to have time off work to look after your children full time or we'd all be doing the same.

    Original Poster

    Sorry ive been so long. I want to thank each of you for replying and all the well wishes also. Sometimes things like this show what a state the country is in. We have somebody here desperate for help through no fault of his own and there aint an awful lot he can do. ill be sure to show him what each of you have said and thank you all very much again.

    +1 for seeing if the Home Start charity. Mrs. Bloke was a volunteer with them for a while.

    Its a bit of extra support like people of old would have had from the old fashioned extended family.

    She was only assigned to one family at a time but over the years, helped several families, some of whom she still hears from.
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