'My employer wants me to work extra days for NOTHING to make up for days I was off sick. Can they do this?'

By ADAM UREN

Updated: 04:36 EST, 10 September 2013

A friend's daughter recently had an operation which resulted in her being off work for six weeks. She has worked for a small company which deals in financial advice for 10 months and works three days a week. 

They said they would not give sick pay but would pay her wages as usual and when she returned to work she would have to make up the time she had off by working an 18 extra days for nothing.

This didn't seem right to me. I thought everyone was entitled to time off sick. Can small firms do what they like or are there set rules they must follow with regard to sick pay? J.T., Leeds.

Know your rights: You're entitled to sick pay under UK law even if your employer doesn't have a sickness absence payment policy.

Claire Dawson, an employment lawyer for Slater & Gordon, says: It is correct that employees have a right to take a reasonable amount of time off sick where recuperating from an operation, for example.

However, there is no automatic right to full pay while you are absent.  Some employers have a policy of paying full pay and/or half pay for periods of sickness absence.

Your friend’s daughter will need to check her employment contract or employee handbook to see what this company’s policy is.

If there is no contractual right to receive company pay during sickness absence, she is likely to be entitled to Statutory Sick Pay (SSP) which is currently paid at £86.70 per week.

The arrangement her employer is proposing is unusual.  She may wish to negotiate with them in relation to this, particularly if she has already been paid her wages for the period of absence.

Adam Uren, of This is Money, adds: SSP is paid out by an employer and is worth at least £86.70 if a worker has been ill for at least four days in a row. Of course an employer may provide more than that, including full pay, depending on their policies.

It is payable to workers for up to 28 weeks, after which it can no longer be claimed. To be eligible, you must be classed as an employee, have done some work for your employer, and earn at least £109-a-week before tax.

Under SSP rules, you only need a doctor's note if you are off ill for more then seven days. For information on how to apply for SSP, click here.