sick pay

[neptune74]

hi all.. i am a disabled employee with renal failure. I commenced employment feb 22 and still remain working. my employers sickness policy is 3 month to1 year - 1 month, 1-2 years - 2 months rolling year.

i was off ill in august 22, approx 6th sept, and received a full one month sick pay until oct 7th 2022.!! at this point i remained off sick until october, but crucially i used my outstanding vacation days to extend my salary.

i then returned to work approx mid nov!

Unfortunately i have a further incident of illness for which i still remain off sick. This episode started aug 8th. i knew that i wouldn't be eligible for sick pay because i had exhausted the sick pay for 2022 last year. however, the date of oct 2022, 10th was the last day of my official sickness. so i believe i should be entitled to my new 2 month sickness pay from 10th oct 2023???

my employer is stating that i don't qualify for the 2 month full sick pay ((which i now qualify for on length of employment 1-2 years etc = 2 months full pay) . my employer is stating sick pay is on rolling year basis, But if this was the case would the rolling year be the last day of sickness of my previous illness period in 2022, being oct10th 2022? my argument is anything after oct 10th, 2023 becomes a new sick year? and i should qualify for 2 months sikcness pay, not just ssp.

any help appreciated

[ULA]

A rolling year usually means that at the time a benefit is payable, the employer would look back a calendar year to see what you have received in that period, before establishing what your current entitlement is. So if you went off sick from 8 Aug 2023 they will look back 12 months from this date to see what amount of time you have had off. You said you were off in Aug 2022 when did this actually start and how long were you off for on sickness before you then took some time as holiday before returning in Nov 2022?