Policies

This scheme sets out the rights, entitlements and obligations of all employees who are absent from work owing to sickness, injury or other disability.

Statutory Sick Pay

The Council has an obligation to pay Statutory Sick Pay (SSP) on behalf of the Benefits Agency, to all employees who are eligible to receive it. SSP provides for the payment of a flat weekly figure to an employee who is unfit for work on medical grounds. That figure is reviewed periodically.

This Sickness Leave Scheme explains regulations affecting entitlement to Occupational Sickness Benefits, which are supplementary sick pay arrangements, and the effects of SSP upon these benefits.

Entitlement to Paid Sick Leave

This scheme will apply to all employees of the Council. The entitlement to occupational sick pay increases according to the length of the employee’s continuous service (see below). The date from which continuous service will be calculated is as stated in the employee’s contract of employment.

Subject to the provisions of this scheme, employees will be entitled to the following periods of paid sick leave:

Note: For the purposes of calculating entitlement to Occupational Sick Pay, ‘one month’ is equivalent to a calendar month.

For the purposes of this scheme, sick pay entitlement is based on service completed as at the first day of sickness. When determining payment for sickness, account is taken of all periods of sickness during the preceding 12 months as at the first day of sickness.

The Council has the discretion to extend an employee’s entitlement to paid sick leave (on either full or half pay) in exceptional circumstances. In exercising this discretion, the Council will take into account the seriousness of the case, and the likely beneficial effect of such action in relieving anxiety and therefore speeding recovery.

If the employee is entitled to receive SSP, or is in receipt of any other allowances or benefits (see Appendix 1) these will be offset against any entitlement to full pay. Where the employee is entitled to receive half pay, the total sum of pay plus SSP, if appropriate, and any other benefits or allowances, must not exceed full pay. If necessary, the half pay allowance will be reduced.

During sick leave, public holidays will be paid and an individual’s sick leave entitlement will be extended by the amount of public holiday.

In determining an employee’s normal pay for the purposes of the scheme, the Council will include any regular paid overtime which is an express requirement of their terms of employment.

Exceptional provisions apply to any employee who is injured as a result of a crime or violence in the course of their work for the Council as detailed in Appendix 1.

A period of absence due to injury sustained by the employee in the actual discharge of his/her duties, and which is not attributable to any fault of his/her own, will not be recorded for the purposes of this scheme.

Absence Due to Injury Caused by Accidents

No allowance will be payable under this scheme in the case of accidents due to active participation in sport as a profession, or where the absence arises from, or is attributable to, the employee’s own misconduct.

An employee who is absent as a result of an accident, will not be eligible to receive occupational sick pay if damages might be receivable from a third party. However, the Council may pay the employee in advance, the amount of which will not exceed any entitlement under this scheme, subject to the employee signing an undertaking that the total amount of the advance will be refunded, or, if the damages paid are less than this total, the actual amount of the damages received. Where such an advance is refunded in full, the absence will not be recorded for the purposes of this scheme. Where only part of the advance is refunded, the Council will decide the length of the period of absence which should be recorded after consultation with the employee.

Suspension of Allowances

The provisions of this scheme will cease to apply from the date on which an employee retires, whether by reason of permanent ill-health, infirmity of body or mind.

At the discretion of the Council the provisions of this scheme may not apply in respect of absences arising from surgery or other procedures undertaken for non-medical reasons.

If the Council becomes aware that an employee may have failed to comply with any requirement under this scheme, or that he/she is guilty of conduct which might prejudice recovery, the payment of occupational sick pay may be suspended. In such circumstances, the Council will invite the employee to make any observations. The employee will be given the opportunity to put his/her case before the Council. If it is decided that the employee has failed, without reasonable excuse, to fulfil the requirements of the scheme, or that he/she has been guilty of conduct prejudicial to recovery, then no further payments will be made in respect of that period of absence.

Sickness During Annual Leave

An employee who falls sick during annual leave will be regarded as being on sick leave from the date of the fit note and further annual leave suspended from that date. During long term sickness, employees accrue statutory holiday only. Employees may choose to be paid for periods during long term sickness, thereby extending their sick leave entitlement.

Employees who Fall Sick Abroad

The following outlines the procedure for managing situations where employees are taken ill whilst abroad:

The employee must give to the line manager a contactable address, email or phone number through which communications can be directed.

Statements to verify a certifiable period of illness should be obtained from a recognised medical practitioner or hospital consultant in the country in which the illness has occurred and this should be sent to the appropriate manager by the eighth day of absence and at regular intervals thereafter. A statement of fitness to work on the termination of the illness should also be obtained if the employee is still abroad at that time.

If an employee returns to this country whilst still ill, they should immediately see their GP or hospital consultant for treatment and obtain another statement to verify the illness.

In both cases mentioned above, the Council requires any medical reports made by the medical personnel in the country concerned, for inspection by the GP or hospital consultant.

Statutory Sick Pay Procedure

All employees should ensure that the statutory sick pay procedure is carried out in full.

The Employee is not obliged to consent, however failure to provide it may be treated as a deliberate attempt to frustrate the Council’s investigation into the problem. Failure to give consent may also result in the withdrawal of the Statutory Sick Pay element of the Employee’s Sick Pay, as allowed under HMRC rules.

Appendix 1

Sick Leave and Sick Pay Scheme

Allowances and Benefits to be offset against Occupational Sick Pay

The following allowances will be offset against any entitlement to full:

The gross amount of Statutory Sick Pay receivable under the Social Security and Contributions and Benefits Act 1992;

• The amount of incapacity benefits and SSP receivable as defined under the National Insurance Acts and Regulations and the Social Security (Incapacity for Work) Act 1994;
• Any amount received as a treatment allowance. The dependency element only of the treatment allowance will be deducted from sickness allowance. The employee will, therefore, be entitled to retain the personal element of the treatment allowance.

All employees are obliged to declare to the Council their entitlement to any benefits. If the employee fails to do so, the Council will be entitled to deduct the maximum such benefit obtainable.

Entitlements for Widowed or Married Women

Where a widow or married woman has opted out of paying full National Insurance contributions, the amount taken into account when calculating the allowance under this scheme will be the amount equal to the total state benefit and SSP receivable had full contributions been paid.

In the case of the widow or a widowed mother, when calculating the amount of sick pay payable under this scheme, only those benefits which are additional to those which she receives when she is in normal full employment will be taken into account.

Victims of Crimes of Violence

Where an employee is absent because of an injury which results in a payment from the Criminal Injuries Compensation Board, he/she will not be required to refund any sick pay received in accordance with this scheme.

Where an award has been made by the Compensation Board, the Council may, at its discretion, discount the period of sick leave occasioned by the injury when calculating any future entitlement to sick pay under this scheme.

In exceptional cases where an employee is absent because of assault or serious injury (including industrial disease and accidents on duty) suffered during the course of his/her duty, the entitlement to full pay may be extended for a maximum period of nine months irrespective of length of service.

Contact with Infectious Diseases

An employee who is unable to attend work because of contact with an infectious disease must notify the Council immediately.