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| *Ostroff, Fair and Company>>>Law & Legal |
My husband taken into hospital diagnosed with psitticosis, wil he get paid? |
My husband works in container repairs, and admitted to hospital. Diagnosed with psitticosis (get from bird droppings) apparently its a prescribed industrial disease. Do you think his employer will pay his wages while he is off sick. My husband thinks that it is down to the discretion of his employer, but as he contracted this at work, surely they will pay while he is off work. Hi, If in Uk and employed on a normal contract (not self employed so on) your husband should be entitled to Statutory Sick Pay. This is the lowest amount by law that the government says your employer can pay whilst off sick. You can be paid SSP for a maximum of 28 weeks. BUT your husband maybe entitled to contractual sickpay, which will be in his contract. Many employers pay the first 2 weeks at full pay before going on to SSP. But all that info would be in his contract. So in short, his contractual sick pay is up to the employer but he will def get Statutory sick pay. However, as it is a prescribed illness he may well be entitled to other benefits through the Industrail Injuries Scheme. It then gets complicated so the best advice would be to go to your CAB or trade union or contact EMAS (https://www.hse.gov.uk/forms/health/emas... Hope this helps. Source(s): Trained in employment rights and benefits that really depends on two things if it is job related incident then they probably should be paying you husband for time off... (This should also be in his orientation manual).... However the company, may also not pay... and at that time I would get a lawyer if need be... But have your husband talk to the human resource department for a better answer... It's a workman's comp issue. Take it up with HR. Hiya, I assume your husband works in some sort of bird place? And he is an employee (not a contractor)? Well, he will need to check his contract of employment. Indeed, after the 4th consecutive day of absence he will be entitled to Statutory Sick Pay (SSP) which is a government benefit. This is a pittance really, around 拢70 a week (ish). But if he is going to be paid his salary, he will need to check his written terms for Company Sick pay, how many days and whether he is entitled. If this is an industrial disease as you suspect and this is something that he would have got from work, then other legislation will come into force here. Under the Health and Safety at Work Act 1974, the employer must provide suitable Personal Protective Equipment to prevent or reduce risk, and risk assessment must be completed on areas of potential risk. His employer would also have to report this incident to the Health and Safety Executive as an inustrial accident resulting in admittance to hospital and/or at least 3 days off work. The HSE will investigate, and possible compensation may be sort. Therefore, keep track of any expenses, including loss of earnings if not Company sick pay is paid. Good Luck! A HR Manager. He will certainly be entitled to statutory sick pay, but he'll need to check his contract/statement of particulars to check whether his company pay above this. Whether or not the illness is work-related is irrelevant and payment of contractual sick pay is not 'at the discretion of the employer' - it's either in the contract or it isn't. If your husband's illness is work-related and the employer has not taken sufficient procedures to minimise the risk of this disease being caught, then your husband could seek to sue his employer. I'm assuming he is in a union, so he needs to speak to his steward/health & safety rep or branch office as soon as possible. They will be able to offer expert legal advice via specialist barristers if need be. |
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