Any advice welcome- Re term time pay and sickness

[Pumpkintoots]

I work 40 hours a week, term time (38 weeks a year). This is made up of 4 weeks paid holidays (which everyone is entitled to) and 10 weeks unpaid, but my wage is split over 12 months so I receive the same amount each month. I am due to go off for major surgery next month, this is while I would be in work and I will be sending in a sick note to cover this period. My term time holidays are due to start when my sicknote ends, but my employer says that I will keep getting paid sick pay for the entire holiday period. What I am asking is, is this correct? How can they pay me sick pay when I wouldn't usually be in work.

[ULA]

Firstly I would take a look at your contract and see if it provides any information on this. Secondly does your contract continue between term times? In which case any entitlement to SSP will continue during the holiday pay period until your sick notes finish.

Hope I have understood your issues correctly, but this link may be helpful for you to look at.

https://www.gov.uk/guidance/statutor...m-time-workers

[Pumpkintoots]

Ula, my contract is ongoing through holidays. But I've told my employer that my sick note will be dated from the date of my oeration, to the day I go off on leave. I even scheduled my surgery as close to my leave as possible to help my employer so they don't have to arrange cover for me. My surgery was supposed to be done two weeks go, but that would have left them short staffed for 6 weeks! So I asked my consultant to do the surgery later.

[ULA]

Maybe my misunderstanding, sorry not so sure of my employment facts with term time contracts.

Is the holiday you are taking off from your paid holiday entitlement. In my view if that is the case then you should be paid sick pay (I presume SSP) up until the last day of your Fitness for Work certificate and then the next day, you should be treated as returning to work albeit you are on the first day of your booked paid holiday.

You cannot be paid SSP if this is not supported by Fitness to Work certificates saying you are not fit to work.