Part 2 Section 6
From SNCT Handbook
| Revision as of 11:12, 22 November 2007 Neil (Talk | contribs) ← Previous diff |
Revision as of 11:13, 22 November 2007 Neil (Talk | contribs) Next diff → |
||
| Line 152: | Line 152: | ||
| 6.36 In agreement with the council, this entitlement shall be taken by the employee following his/her return to work. The timing of this leave is subject to the overriding needs of the service and should normally be taken in the term in which the return to work takes place or within the following term. | 6.36 In agreement with the council, this entitlement shall be taken by the employee following his/her return to work. The timing of this leave is subject to the overriding needs of the service and should normally be taken in the term in which the return to work takes place or within the following term. | ||
| - | Prolonged Sickness During Leave: Educational Psychologists, Senior Educational Psychologists, Depute Principal Educational Psychologists and Principal Educational Psychologists and Education Support Officers, Quality Improvement Officers and Quality Improvement Managers | + | |
| + | |||
| + | '''Prolonged Sickness During Leave: Educational Psychologists, Senior Educational Psychologists, Depute Principal Educational Psychologists and Principal Educational Psychologists and Education Support Officers, Quality Improvement Officers and Quality Improvement Managers''' | ||
| 6.37 Should sickness coincide with any period of annual leave, this period should be regarded as sick leave when the appropriate self certificate or medical certificate is submitted. If absent through sickness on a public holiday, the Sickness Allowance should be received on that day. A day off in lieu should also be taken, at the convenience of the council. | 6.37 Should sickness coincide with any period of annual leave, this period should be regarded as sick leave when the appropriate self certificate or medical certificate is submitted. If absent through sickness on a public holiday, the Sickness Allowance should be received on that day. A day off in lieu should also be taken, at the convenience of the council. | ||
| 6.38 If the sickness absence exceeds 3 months during a leave year, the council has the discretion either to grant the full period of annual leave or to limit it to a proportion of the annual leave due for the period actually worked (subject to the minimum statutory provisions). | 6.38 If the sickness absence exceeds 3 months during a leave year, the council has the discretion either to grant the full period of annual leave or to limit it to a proportion of the annual leave due for the period actually worked (subject to the minimum statutory provisions). | ||
Revision as of 11:13, 22 November 2007
The SNCT Handbook of Conditions of Service
PART 2: SECTION 6 - SICKNESS ALLOWANCES AND NOTIFICATION ARRANGEMENTS
Qualification and Entitlements
6.1 All employees must accrue a total of 18 weeks continuous qualifying council service before being entitled to sickness allowance. This allowance is complementary to the statutory provisions, and employees with less than 18 weeks continuous qualifying service may be entitled to Statutory Sick Pay (SSP).
6.2 A week’s qualifying service comprises any week, regardless of the number of hours worked, in which an employee is employed by a council. This includes periods of annual leave, public holidays, sickness absence, maternity leave or other special leave.
6.3 Continuity of qualifying service is deemed to be broken where a break exceeds two weeks. However, a newly qualified teacher will have until 1 November of the year following their entry to the Induction Scheme to secure a first teaching appointment, without having to requalify for sickness allowance.
6.4 Once 18 weeks continuous qualifying council service has been attained the entitlement to sickness allowance is maintained, unless there is a break of service in excess of two weeks.
6.5 Where an employee returns to council service following a break for maternity/adoption reasons, they will be entitled to have previous service taken into account for the purposes of entitlement to sickness allowance. This, however, is provided that the break in service does not exceed eight years and that there has been no paid employment during the break.
6.6 An employee absent from duty due to sickness or injury will receive, in any one period of 12 months, sickness allowance as set out in the table below:
| Service at Commencement of Absence from Duty | Full Salary for a period of | Half Salary for a period of |
| Less than 18 weeks | nil | nil |
| 18 weeks but less than 1 year | 1 month | 1 month |
| 1 year but less than 2 years | 2 months | 2 months |
| 2 years but less than 3 years | 4 months | 4 months |
| 3 years but less than 5 years | 5 months | 5 months |
| 5 years or more | 6 months | 6 months |
6.7 For the purpose of sickness allowance, a month shall be a calendar month. In aggregating periods of absence of less than 1 calendar month, a month shall be reckoned as 30 days.
6.8 The council has the discretion to extend the periods of sickness allowance, where appropriate.
6.9 When an employee is absent from duty due to sickness, all other sickness absences in the12 months preceding the first day of absence will be taken into account and deducted from the sickness allowance entitlement. Initially, previous sickness absence should be deducted from the period of full pay.
6.10 A period of sickness allowance terminates on the day prior to the day on which the medical certificate states that the employee is fit to return to duty.
6.11 If an employee is still unfit to work at the expiry of the half salary period the Director of Education, or equivalent, shall either;
(a) place his or her name on the reserve list (in the case of a teacher or music instructor only);
(b) decide whether payment of sickness allowance shall be extended for a period; or
(c) take such other action as may be deemed appropriate.
The Director of Education, or equivalent, will consider all relevant factors, including medical reports, in reaching a decision.
Calculation of Allowance
6.12 Sickness allowance shall be calculated on the basis of the salary the employee would have received if at work.
6.13 Where an employee is entitled to Statutory Sick Pay (SSP), the full sickness allowance will comprise a sum that, when added to SSP payable, will equal the employee’s full normal pay.
6.14 Where an employee is or becomes excluded from entitlement to SSP, the full sickness allowance will equal the employee’s full normal pay.
6.15 Where an employee is entitled to SSP, the half sickness allowance shall be a sum equal to half normal pay added to the SSP to which the teacher is entitled, so long as this sum does not exceed full normal pay.
6.16 Where an employee is or becomes excluded from entitlement to SSP, the half sickness allowance will equal half normal pay so long as this sum, when added to any benefits payable under National Insurance Acts, does not exceed full pay.
Suspension of Allowance
6.17 Should the Director of Education, or equivalent, have reason to believe that the employee’s absence is due to his/her own misconduct or negligence, deliberate conduct which is prejudicial to recovery, or failure to observe the terms pertaining to the sickness allowance under this scheme, the payment of sickness allowance may be suspended by the council. Prior to suspension, the employee will have the opportunity to appear, with representation, before the Director or his/her equivalent. If the Director, or equivalent, decides that there are justified grounds for suspension there will be no further payment of allowance in respect of the current period of absence. The employee will be entitled to appeal this decision. The appeal shall be treated as an appeal under the final stage of the grievance procedure and things will stay as before until the appeal process is completed.
Absence Due to Non Work Related Accident
6.18 Where an employee receives damages as the result of an accident, repayment of any sickness allowance advanced (either the total amount or proportion thereof represented in the amount of damages received) must be repaid to the council. The employee shall be notified of any action taken.
6.19 Any period of absence where a refund is made in full will not be treated as sickness absence and will not count against the period of entitlement. Any such period will be counted as special leave.
Absence Due to Work Related Injury/Illness
6.20 Where an employee is absent due to sickness or disablement as a result of a work related injury or illness, the employee shall be entitled to a separate allowance. It will be calculated on the same basis as the sickness allowance provided for in paragraphs 6.6 and 6.7 above. This allowance and the sickness allowance are entirely separate.
6.21 Normally an injury caused by an accident at work will only qualify for payment if the accident book (Form BI 510) has been completed. Where there is good reason for the entry not to have been made (by the employee or other party) the council should not refuse the allowance. All other cases of injury or illness that are work related must be confirmed by both the employee’s medical practitioner and the medical officer appointed by the council. For this allowance to be applied, the medical officer appointed by the council must confirm that the injury or illness is work related.
Victims of Crime Violence
6.22 Where an employee is absent from work because of an injury where the Criminal Injuries Compensation Authority (CICA) may make an award, there is an entitlement to sickness allowance. There is no requirement to refund any of the allowance received from the sum awarded by CICA. Where a CICA award is made, the period of absence shall not be treated as sickness absence, will not count against any period of entitlement but will instead be treated as special leave.
6.23 In the case of assault in the course of employment, an employee’s period of absence shall not be treated as sickness absence and shall not count against the periods of entitlement. The absence will be treated as special leave and he/she shall receive full pay during this period.
Notification and Certification
6.24 To receive sickness allowance the employee must meet the requirements detailed in paragraphs 6.25 to 6.29 below.
6.25 The employee must notify the school/council as soon as is practicable. If the employee is unable to do this due to illness, some other person may act on his/her behalf. The employee should, if possible, indicate the date of return to work.
6.26 Where the absence continues to a fourth day further notification, as above, should be made to the school/council.
6.27 Where the absence period is 4 to 7 days, the employee will complete a self-certification form on return to work.
6.28 Where the absence extends beyond 7 days of sickness, the employee will submit a medical certificate to the school to cover absence beyond the 7 days. In addition, a self-certification form to cover the first 7 days of absence should be completed and returned, following issue by the council.
6.29 Where an employee has been absent for more than 7 days, the Director of Education, or equivalent, may require him/her to produce additional evidence of continued incapacity or submit to a medical examination by a medical officer appointed by the council.
6.30 Where an employee fails to comply with the notification and certification requirements, in respect of any day of sickness entitlement, the sickness allowance will cease for that day, unless there is an acceptable reason provided for this failure.
Infectious Diseases
6.31 An employee who is prevented from attending the place of employment because of contact with notifiable infectious diseases, shall advise the council immediately and shall be entitled to full pay during absence. A period of absence, in this case, should not be reckoned against his/her entitlement to sickness allowance.
Respiratory Tuberculosis
6.32 Where an employee is suffering from respiratory tuberculosis, and where the absence is supported by a doctor’s statement, full salary is payable for any period of absence up to a maximum of 12 months plus half salary up to a maximum of a further 6 months. The employee shall not return to duty until certified as fit to resume work.
Long Term Medical Conditions
6.33 Where an employee is suffering from a long term medical condition, the council should give careful consideration to extending the period of sickness allowance, particularly when the prognosis is that he/she will be able to return to work or where the illness will bring the employee under the terms of the Disability Discrimination Act 1995. The medical officer acting on behalf of the council should obtain evidence from the employee’s medical adviser to help the council reach a decision.
Phased Return to Work
6.34 Once an employee has indicated a wish and ability to return to work, the council should consider a phased return. This would normally require medical evidence from the employee or/and evidence from the council’s medical adviser. A phased return shall normally be defined in time and should refer to either a reduced working week or to an adjustment to duties. The terms of a phased return to work will be discussed and agreed between the employee and the council.
Prolonged Sickness During School Holidays: Teachers and Music Instructors
6.35 Where a teacher or music instructor, owing to certified sickness, has been incapacitated for a continuous period where at least 4 weeks fall within the summer vacation, the employee will accrue credit of 2 days compensatory leave entitlement for each complete week of the vacation which has been lost. A certified sickness absence of at least 2 weeks duration, incorporating at least 1 week of any other vacation, will accrue credit of 2 days of compensatory leave entitlement for each full week of vacation lost. For the purpose of this paragraph, a week is defined as 7 consecutive days. A maximum credit of 10 such days special leave entitlement may be accrued in any one leave year.
6.36 In agreement with the council, this entitlement shall be taken by the employee following his/her return to work. The timing of this leave is subject to the overriding needs of the service and should normally be taken in the term in which the return to work takes place or within the following term.
Prolonged Sickness During Leave: Educational Psychologists, Senior Educational Psychologists, Depute Principal Educational Psychologists and Principal Educational Psychologists and Education Support Officers, Quality Improvement Officers and Quality Improvement Managers
6.37 Should sickness coincide with any period of annual leave, this period should be regarded as sick leave when the appropriate self certificate or medical certificate is submitted. If absent through sickness on a public holiday, the Sickness Allowance should be received on that day. A day off in lieu should also be taken, at the convenience of the council.
6.38 If the sickness absence exceeds 3 months during a leave year, the council has the discretion either to grant the full period of annual leave or to limit it to a proportion of the annual leave due for the period actually worked (subject to the minimum statutory provisions).
