MEDWAY COUNCIL EDUCATION AND LEISURE PERSONNEL MANAGING STAFF SICKNESS ABSENCE

Transcription

1 SECTION 5 MEDWAY COUNCIL EDUCATION AND LEISURE PERSONNEL MANAGING STAFF SICKNESS ABSENCE 1. Introduction 2. Coverage 3. Prevention 4. Roles and Responsibilities 5. General Principles 6. Recording and Monitoring 7. The Procedure 8. Handling Short Term Absences 9. Managing Long Term Absences Phased Return to Work Employees with Disabilities Access to Work Programme Disability Discrimination Act Consideration of Dismissal 10. Formal Hearing 11. Retirement on Grounds of ill- Health 12. Sick Leave Entitlement 13. Sick Pay Administration 14. Dealing with Stress 15. Sickness Related to Pregnancy Appendix 1 - Employee s Guidance Notes Appendix 2 - Return to Work Interview Management Guidance Appendix 3 - Procedure to be followed at Capability Hearings Appendix 4 - Procedure to be followed at Appeal Hearings Appendix 5 - Drug, Alcohol and Substance Misuse Guidance SEPTEMBER 2004 Page 1 of 34

2 MEDWAY COUNCIL EDUCATION AND LEISURE MANAGING STAFF SICKNESS ABSENCE (All School-based staff (teaching and non-teaching) and centrally employed teachers) 1. Introduction 1.1 A large number of employees take little or no sickness absence during a year. Where sickness absence is high or is mismanaged it can create serious problems. 1.2 Every school has a responsibility to manage sickness absence in a way, which safeguards the interests of the pupils and other staff whilst at the same time showing understanding to the individual. 1.3 The following procedures set out guidance to headteachers and Governors in the understanding, monitoring and reducing of sickness absence and the investigations and actions that should be taken. 1.4 The procedures are also intended to ensure that all employees experiencing illhealth problems are treated in a fair and consistent manner and receive the necessary support whenever possible to enable them to improve their health and/or to maintain their employment. 2. Coverage 2.1 This procedure relates to staff employed at any level, including head teachers and deputy heads, in LEA and voluntary controlled schools. The procedure also applies to all teachers employed centrally by the Local Education Authority. The LEA commends the procedure to Voluntary Aided schools and Foundation Schools. The relevant Assistant Director (or their representative) assumes the role of the head teacher in this procedure. 2.2 Where there is ill health related to a headteacher, the provisions of this procedure will be initiated and progressed by the Chair of the Governing Body (or other governor nominated by the governing body) in consultation with the Director of Education and Leisure or his/her representative. 3. Prevention 3.1 The primary objective of effective sickness absence management is to prevent sickness absence. Headteachers and governing bodies share a responsibility for the welfare of the individual and it should be borne in mind that sickness absence may be an indicator of organisational factors, e.g., low morale, low motivation etc., as much as reflecting the predisposition to sickness amongst staff. 3.2 Unnecessary absences occur less frequently when staff have the benefit of: Effective recruitment and selection procedures Good induction and training Training for those with supervisory responsibility Job satisfaction (morale and motivation) Clear allocation of responsibility Positive management attitudes Opportunities to discuss problems, issues, and concerns with managers Good physical working conditions Page 2 of 34

3 return to work interviews absence recording systems appropriate support on return to work. 4. Roles and Responsibilities Headteachers, governing bodies, the local education authority and individual employees all have a part to play in the management of sickness absence. 4.1 The Headteacher The headteacher, supported by the governing body, is responsible for managing the attendance of teaching and support staff. This can be achieved by: 4.2 The Employee ensuring that all staff are made aware of the procedures regarding sickness absence and that they follow the requirements of sickness absence notification procedures. reviewing each employee s sickness record in accordance with this procedure. Identifying any trends (e.g., accidents or stress etc) from the school s sickness records to develop and implement policies, which will reduce the health risks to employees. acting fairly, consistently and legally. establishing a clear action plan for a member of staff where it is decided that action is justified. Presenting a case to governors where all actions taken to remedy a situation are exhausted, Individual employees have a responsibility to: attend work when fit to do so comply with the school sickness absence recording procedures including the provision of medical certificates at the appropriate time. ensure medical advice and treatment, where appropriate, is received as quickly as possible in order to facilitate a return to work. ensure that whilst off sick they do not engage in any activity (including school work) which might delay their recovery or exacerbate their problem. ensure the headteacher is kept advised of their progress and be available (medical fitness permitting) to discuss their absence if required to do so. 4.3 The Local Education Authority The local education authority will assist schools in managing levels of absence by: Page 3 of 34

4 ensuring that appropriate procedures on the management of sickness absence are recommended for implementation by schools. providing advice and assistance to headteachers and governors on individual cases of sickness absence as requested including, where appropriate, referral to the Occupational Health Service. 4.4 The Governing Body The role of the governing body is to ensure that: the school adopts a sickness management policy and regularly reviews this. the headteacher carries out his/her responsibilities as outlined in the policy the absence of the headteacher is monitored and the appropriate procedures are applied. it determines an appropriate course of action when a headteacher refers a case when all actions taken by the headteacher have failed to remedy the situation. it considers the advice of the local education authority. 5. General Principles 5.1 All cases of ill health should be handled sensitively and constructively with due regard to confidentiality. Headteachers should stress to staff that medical information about them will be treated in confidence and that any breach of confidentiality will be regarded as serious and potentially as a disciplinary matter. 5.2 Consistency and fairness are important but each case will be different. Education and Leisure personnel are available to give advice and support to headteachers on any matters relating to the management of sickness absence. 5.3 Each individual s circumstances should be considered in relation to the requirements of the posts well as the school s ability to keep the post open indefinitely. 5.4 Wherever possible an employee should be retained in his/her existing post and, having been given the opportunity to recover within a reasonable timescale, should return to that work. 5.5 A proper investigation will usually require a medical opinion. Where this is indicated, the headteacher should contact Education and Leisure personnel who will then seek a medical opinion, in accordance with the procedure, from the Occupational Health Service. Under the Access to Medical Reports Act This can only be done with the employee s written permission. In the unlikely event that an employee refuses permission for Occupational Health to seek relevant medical information, the headteacher and governors may make decisions on such information as is available, which may be to the detriment of the employee. This will be fully explained to the employee in writing. Note: Under the conditions of service for teachers in England and Wales (Burgundy book), the employer has the right to ask the employee to attend an independent medical assessment. Page 4 of 34

5 5.6 If there is a long term problem and it is established that the current employment is not suitable for the employee, every effort should be made by the school to consider possible alternative employment, bearing in mind his/her medical condition and the requirements of the Disability Discrimination Act (DDA) 1995 where they apply. 5.7 Education and Leisure Personnel will investigate all alternatives such as possible reduction in working hours with the school or where appropriate ill health retirement (NB teachers must be deemed to be permanently unfit to teach by Teachers Pensions in order to quality for ill health retirement). 5.8 Finding alternative employment is particularly important where the illness may be work related in order to help avoid the potential for personal injury claims. Additionally the implications of the DDA must be considered for employees who are or who become disabled. Employers are required under the Act to make reasonable adjustments to accommodate disability. Education and Leisure Personnel and Occupational Health can advise on individual cases. 5.9 Before taking a final decision, an employee should be advised, in situations where they are considering alternative employment or ill health retirement, to contact his or her trade union representative where they have one. Education and Leisure Personnel must also be informed. An employee should always be allowed to be represented in formal meetings by a work place colleague or trade union representative. Similarly if the employee wishes to be accompanied at an informal meeting by a trade union representative or workplace colleague, this should be allowed It is possible to dismiss an employee on grounds of incapacity due to ill-health prior to the expiry of occupational sick pay. Education and Leisure Personnel must be consulted where this is being considered. 6. Recording and Monitoring 6.1 One of the main advantages of recording and monitoring of sickness absence is that it aids the correct and early identification of a problem. Schools are required to inform Education and Leisure Personnel of medically certified absences. Other absences should be notified to Payroll. Absences for which ill health is given as the reason will normally fall into one of the following categories: (i) (ii) (iii) (iv) Continuous long term absences resulting from one cause; an acute illness or injury or disability. A number of shorter term absences resulting from one continuing illness or injury. Frequent absences of one or more days for which a variety of reasons are given; these may form a pattern for example Mondays or Fridays. Many shorter term absences of one or more days for a number of different illnesses. All the above require investigation, the extent of the investigation depends upon the pattern and length of absence and the circumstances. Following investigation it could be that (iii) and (iv) may indicate a conduct problem for which the disciplinary process may be appropriate. 6.2 Each school should have a clear and well understood procedure for notifying and monitoring absence. Page 5 of 34

6 7. The Procedure (Specific guidance for employees is included at Appendix 1). 7.1 The employee or his/her representative should contact the headteacher or nominated manager on the first day of sickness absence. It is important that a headteacher knows of an absence as early as possible in order to arrange cover. It is reasonable for the headteacher to enquire in a discreet and sympathetic manner about the nature of the illness and expected duration. 7.2 Should the sickness absence extend to three days (including weekends and rest days), the employee should contact the school again to update the headteacher or nominated manager on his/her condition, the treatment they are receiving (if any), and, if possible, some idea of when they will be returning to work. 7.3 If the absence continues or is expected to last for eight consecutive days or more, including weekends and rest days, the employee must provide a medical certificate from his/her doctor certifying that he/she is medically unfit for work. This should be sent to the school in the first instance who shall retain a copy and then send the original medical certificate to Education and Leisure Personnel for monitoring purposes. 7.4 Where the absence has lasted eight consecutive days or more, the employee should not return to work until the medical certificate has expired or unless certified fit to do so by their doctor and/or occupational health. 7.5 An Absence Due To Sickness form (Appendix 4 {PMC004A}) must be completed by the employee on returning to work. If the absence continues to last for eight days then the Absence Due To Sickness form must be forwarded to the Education and Leisure Personnel by the headteacher on behalf of the employee. The headteacher should retain a copy of the form which should be signed by the employee and sent to Education and Leisure Personnel notifying them of the last day of sickness. The headteacher (or delegated member of staff) should also sign the Absence Due To Sickness form to verify that he/she has seen the employee's explanation for absence and confirms the other details included on the form. 7.6 All employees who have been absent, even if only for one day, should be seen by a designated person on their return to work. The format and level of detail of the conversation is entirely dependent on individual circumstances. The basic purpose is to recognise that an employee has been absent and to offer them support and encouragement on their return. Return to work interviews should: - be informal and in private (welcoming the employee back); - aim to ensure that the employee is fully recovered; - offer the employee the opportunity to share any underlying problems; - be an opportunity to offer support; - offer the opportunity to review an individual s absence record, if appropriate. 7.7 Informal discussions should not be recorded on an employee's personal file, but it is sensible to record the outcome as an aide memoir. A copy of the aide memoir will be given to the individual who is free to add their own comments. A more structured meeting will be necessary where an employee has been absent for some time and it may in those circumstances be necessary to record accurately the reasons given, the length of absence, any investigation made and any resulting actions or decisions. These notes should be agreed Page with the 6 of individual, 34 signed and a copy given to

7 These notes should be agreed with the individual, signed and a copy given to him/her. 7.8 Guidance on how to prepare for and structure return to work interviews is given in Appendix Handling Short Term Absences Due to Ill Health 8.1 A series of short term absences can cause just as much disruption for a school as a longer period of sick leave. The early and successful management of these short term absences is essential to good working relationships. To ensure that a complete picture of absences is available, comprehensive sickness records must be kept for monitoring purposes. These must be held confidentially in the employees file. Access to these files should be restricted to authorised personnel only. 8.2 Schools should review absence levels more formally with an employee where: a pattern or level of absence has emerged which causes concern, for example regular absence on Fridays and/or Mondays, when teaching a particular class or year group, or working with a particular individual. 8.3 Steps to be Followed (a) In the first instance, it is important that the headteacher or nominated manager seeks to establish whether the absences are related. The employee should be given the opportunity to explain before any action is decided upon.. (b) (c) (d) If they are related to a single condition, the headteacher or nominated manager, in consultation with the individual, should consider whether this potentially constitutes a long term health problem. If this is the case, the procedure for managing long term absences should be followed. If the reasons given for the absence appear to be unrelated, and the level and/or frequency and pattern is causing concern, the immediate action that should be taken is of a sensitive investigatory nature. The headteacher or nominated manager should try and identify through discussion with the individual if there are other problems of a domestic or work nature that may be affecting their attendance. If the cause of the absence is not health related, counselling and support should be offered and a review date set (not more than one term). This should be confirmed in writing to the individual. The written summary of that interview should include: (i) (ii) (iii) the nature of the cause for concern; the agreed actions; the likely action that will follow in the event that the level of absence continues to give cause for concern. (e) At the end of the review period, the headteacher or nominated manager should interview the individual to discuss what progress has been made. In the light of all the circumstances a decision must be made as to whether: Page 7 of 34

8 (i) (ii) (iii) the level of improvement is acceptable, in which case the individual should be told that no further review is required and a note made to that effect on the employee's personal file; there has been some improvement but attendance is still not of an acceptable level and an extension of the monitoring period applied; attendance continues to give cause for serious concern and further formal action needs to be taken, then the disciplinary procedure may be invoked as this could now be a conduct issue. The headteacher or nominated manager should again keep notes of what was discussed and agreed to give a copy to the individual. Notes should be signed and dated. 9. Managing Long Term Sickness Absence 9.1 Long term absence may be specific and clearly defined or may be relatively nonspecific and indefinite. Where an employee has, for example, a broken leg or has had an operation (e.g. hysterectomy, appendectomy etc), there is normally a predictable end date to the absence after which the employee can be expected to return to work and resume a satisfactory attendance record. In such cases it will not normally be necessary for the school to take action other than to remain in contact with the employee. 9.2 The more difficult situations are those where the cause of the illness is less well defined and the timescale for a return to work is unknown. This procedure is intended to enable schools to deal fairly and reasonably with such cases. 9.3 Steps to be followed (a) (b) (c) (d) When an employee is on sick leave for a period of time it is important that the headteacher or their representative keeps in regular contact in order that the individual does not feel isolated and is supported and also that the headteacher is able to maintain an accurate picture of the circumstances. There is also an obligation on the part of the employee to keep the headteacher updated with regard to their health situation. An occupational health referral will normally be made where an employee has been off sick continuously for a period of 8 weeks including school holidays or has taken frequent shorter periods of medically uncertified absences in any one year and if these form a pattern. However, a referral may be made prior to these triggers where it is considered necessary to do so by the employer. Where the employee or their doctor's certificate indicate absence is due to stress or depression resulting from work factors, a meeting will be arranged prior to referral to the Occupational Health Adviser between the individual, the headteacher, personnel adviser and union representative or work place colleague. This will enable the school to address these work factors and hopefully result in a speedier recovery and return to work. For further guidance on dealing with stress, refer to the Policy on Dignity and Respect at Work in Section 8 of the Personnel Handbook for Schools. The headteacher should first consult the employee and advise him/her that he/she must consider the needs of the school against the foreseeable return to work or otherwise of the employee. Page 8 of 34

9 (e) A meeting with the headteacher or designated senior member of staff may be arranged to discuss referral to occupational health at a mutually convenient venue A member of Education and Leisure Personnel will accompany the headteacher if requested to do so. This is particularly appropriate where the individual is accompanied. An individual should be allowed to be accompanied by a workplace colleague or trade union representative. (f) The employee should be asked to complete a consent form which will be forwarded to Occupational Health, so that the facts can be fully investigated. Education and Leisure Personnel will liaise with the Occupational Health Service. (N.B. medical information from employees GP cannot be obtained without the individual's written consent.) If an employee refused to give their consent for Occupational Health to contact their GP it should be made clear to them in writing that a decision about their future may be made on the basis of the information available, and that decision could be to their detriment. Under the conditions of service for teachers in England and Wales (Burgundy book), the employer has the right to ask the employee to attend an independent medical assessment. Under these conditions sick pay may be withheld if the teacher refuses to attend the examination. Education and Leisure Personnel should be consulted in such circumstances. 9.4 Phased Return To Work (a) Where an individual has been absent for a considerable period, the Occupational Health Advisor may recommend a phased return to work. This would normally only be for a relatively short period of time (for a period of up to eight weeks) and would be with full pay. However, where an employee makes a request or their GP suggests a return to work on reduced hours there is no obligation to pay full pay in these instances. The phased return will be at a reduced pro-rata pay rate. The headteacher will confirm the agreement to work reduced hours and the consequent reduction in salary in writing to the employee. However, the governing body have discretion to pay full pay if they wish. Any recommendation needs to be considered sympathetically although a headteacher is under no obligation to act on such a recommendation where it is not practicable for the school. Where however the Occupational Health Advisor recommends that the individual does not return to their normal duties, the following alternatives should be considered; i. an indefinite reduction in working hours, (with reduced pro rata pay), ii. iii. a change in duties, suitable alternative work within the authority. (b) Where an individual is returning to work following long-term absence they must be signed fit to return by their GP. The medical certificate should make it clear that the employee is fit to return and state the sickness end date. Page 9 of 34

10 9.5 Employees with Disabilities (a) (b) The Disability Discrimination Act 1995 makes it unlawful to discriminate against someone who has a physical or mental impairment which has a substantial and long-term adverse affect on his/her ability to carry out normal day to day activities. Where an employee becomes disabled whilst in service this does not mean that the individual is medically unfit to work and the employer is obliged to make reasonable adjustments to the workplace if these could enable them to fulfil their job responsibilities. The employer is under no obligation to create a new post to accommodate a disabled employee. The employee would also be given access to both the Redeployment Service and the Teacher Recruitment Team to seek suitable alternative employment within the council. Advice on individual cases may be obtained from Education and Leisure Personnel or Occupational Health particularly if their sickness absence record is giving cause for concern. 9.6 Access to Work programme (AtW) (a) (b) Access to Work can help in a number of ways: firstly, it can provide advice and practical support to disabled people and their employers to help overcome work related obstacles resulting from a disability. AtW can also agree to pay a grant, through Jobcentre Plus (Dept for Work and Pensions), towards extra employment costs resulting from a disability. This can help pay for special equipment (or alterations to existing equipment to suit particular work needs arising from a disability or alterations to premises or working environment, if needed because of disability. Further information about this programme can be requested by schools by contacting their personnel adviser or alternatively by visiting the website or the local representative of AIW may be contacted on Disability Discrimination Act (a) Both governing bodies and LEAs have duties and responsibilities under the Disability Discrimination Act The implications of the Act for schools are set out in DfEE Circular 20/99, What the Disability Discrimination Act (DDA) 1995 means for schools and LEAs. It is illegal for any employer to discriminate against a disabled person because of their disability. Governing bodies of those schools previously exempt from the DDA (i.e. voluntary-aided, foundation or foundation special school employing fewer than 15 employees) should read the following guidance and seek advice from personnel if they are unsure of their obligations under the DDA. Page 10 of 34

11 (b) LEAs and governing bodies may have to make reasonable adjustments to their employment arrangements or to the school premises so that a disabled employee or prospective employee is not at any substantial disadvantage compared to a non-disabled person. DfEE Circular 20/99 advises that, when planning changes to buildings or practices, LEAs and governing bodies may, as a matter of good practice, consider the possible needs of future disabled employees as well. The DfEE Circular gives some examples of adjustments that governing bodies and LEAs might have to make. These include: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) altering premises, eg widening a doorway, providing a ramp, non-slip flooring, moving classroom or corridor furniture, altering lighting, or providing parking spaces for disabled drivers; allocating some duties to another employee, eg providing ancillary support in the classroom, arranging supervision duty rosters to take account of mobility (library supervision may be more appropriate than playground supervision for a disabled teacher); transferring the person to fill an existing vacancy. In the case of LEA-maintained schools, the LEA may be able to recommend the teacher for a suitable vacancy at another school; altering working hours; changing the person's place of work, eg ensuring that a teacher with mobility difficulties on the stairs can hold all of their lessons in classrooms on the ground floor; allowing absences during working hours for rehabilitation, assessment or treatment; supplying additional training, eg re-training a teacher in a new subject area in order for them to continue teaching; acquiring, or making changes to, equipment; providing a reader or signer. In deciding whether an adjustment is "reasonable", employment tribunals will consider the following factors: the improvement an alteration will make for the disabled employee or prospective employee; the ease of the adjustment; the cost of the adjustment, both financial and in terms of the disruption it will cause; the extent of the employer's financial or other resources. For LEAmaintained schools, this is the local authority's resources distributed through the AWPU. For voluntary-aided and foundation schools, this is the governing body's resources; and financial or other help that may be available. 9.8 Consideration of Dismissal (a) If after all the above steps have been taken: The employee is unable to return to work within a reasonable period of time, or Page 11 of 34

12 (ii) the Occupational Health Adviser has stated that the employee will be unfit to return to work within a reasonable period, or (iii) the employee's medical condition prevents him/her from returning to his/her original position and no alternative work is available, then dismissal on the grounds of capability due to ill-health can be deemed to be fair and reasonable. (b) No decision to dismiss should be taken without first consulting Education and Leisure Personnel. In assessing whether it is appropriate to instigate a process leading to termination of employment the following factors will need to be considered:- The nature of the illness. The impact on pupils' education. Any medical advice/prognosis on the individual. The effect of continuing absence on the work which needs to be done. The importance of the employee's job. The difficulty of continuing with a temporary replacement. The employee's length of service. The availability of suitable alternative work. The views of the employee. The budgetary impact of the continuing absence. The impact of the continuing absence on work colleagues. 10. Formal Hearing (a) Any decision to terminate the employment on grounds of medical incapability will be the responsibility of the Governing Body at an ill health capability hearing, taking account of recommendations from Education and Leisure Personnel based on advice from Occupational Health and any representative acting on behalf of the employee. The procedure to be followed at a hearing is set out in Appendix 3. Page 12 of 34

13 (b) Prior to a hearing the employee will: (i) (ii) (iii) (iv) be given 10 working days notice of a hearing; at the time of notification of the hearing be (a) provided with two copies of all documentation to be presented at the hearing (one copy for their representative); (b) advised of the names of any witnesses to be called; and (c) given a copy of the Managing Absence Procedure. submit all paperwork and a list of witnesses to be called at least three working days before the date of the hearing. be informed of the decision at the end of the hearing. (c) Post Hearing (i) be sent written confirmation of the outcome within 5 working days of the hearing. (ii) have a copy of the letter forwarded to his/her trade union representative or workplace colleague. (iii) be informed that a right of appeal exists, and how that right of appeal may be exercised. (iv) submit an appeal in writing, stating the grounds for appeal, within 5 working days of receipt of the letter. Appeals should normally be heard within 10 working days of receipt of the appeal letter. (v) five working days before the appeal hearing the school s representative and the employee shall submit a written summary of their respective cases to the Chairperson of the Panel of Governors, together with the names of any witnesses to be called. (Both sides will provide each other with copies at the same time) Non-Attendance at Hearings (a) An employee who cannot attend a hearing should inform the headteacher/ manager in advance wherever possible. If the employee fails to attend through circumstances outside their control and unforeseeable at the time the hearing was arranged the headteacher/manager should arrange another meeting. A decision may be taken in the employee s absence if they fail to attend the rearranged hearing without good reason. If an employee s workplace colleague or trade union representative cannot attend on a proposed date, the employee can suggest another date so long as it is reasonable and is not more than five working days after the date originally proposed. This five day limit may be extended by mutual agreement. (b) Where a hearing takes place and the employee is unable to attend, he/she should be allowed to provide written representations. In addition, he/she may give permission to be represented by his/her representative. Written representations in lieu of appearance must normally be submitted at least three working days before the hearing. A hearing will not normally be postponed more than once. Page 13 of 34

14 Retirement on Grounds of Ill-health Teaching Staff In Service applications To satisfy the criteria for early retirement on grounds of ill-health, it is necessary to demonstrate that the teacher has a disability, health condition, or medical incapacity, but also that the condition is likely to be permanent, i.e. it will be present until the Teachers Pension Scheme s normal retirement age of 60. The LEA and occupational health should become involved at the earliest possible stage in supporting all teachers health and welfare; Where a teacher becomes ill the LEA/Headteacher will work with the teacher, and occupational health to explore all appropriate alternatives to assist them in returning to work, e.g. redeployment, part-time working or stepping down. This would mean that before making an application for ill-health retirement all reasonable avenues of treatment have been tried (or considered and discounted) and failed to improve to the extent that the teacher cannot return to either full or part-time teaching work in any post, not just the post the applicant is or has been undertaking. The Process Applications for ill-health retirement for teachers in service must be submitted through the local education authority. The procedure for applying for ill-health retirement requires the LEA to assess the adequacy of the medical evidence supplied to Teachers Pensions prior to it being sent. The teacher completes an Application for Ill-Health Retirement Benefits (Form 18) available from Education and Leisure Personnel. The teacher should work with personnel and occupational health to complete the application process and determine what additional medical evidence may be needed. This should be supported by the knowledge of the teacher s case that the occupational health adviser has built up through their earlier support to the teacher. The teacher should then commission any relevant medical evidence using the Application for Ill-Health Retirement Benefits Medical Information (Form 20). Page 14 of 34

15 Note: Medical Evidence Applications for ill health retirement are considered on the basis of the medical information submitted with the application. The TPS Medical Adviser will not seek further medical evidence to support the application. If there is insufficient medical information to allow the Medical Adviser to make a fully considered recommendation, the application will not be accepted. Generally, when a condition is severe enough to warrant ill health retirement, it would be expected that the teacher would have had the benefit of a specialist opinion during their illness. It is therefore recommended that the information required on Form 20 is provided by the teacher s specialist. If this is not possible, or the teacher has not been referred to a specialist, then Form 20 should be completed by their GP or the LEA s occupational health adviser, where applicable. Copies of all specialist reports or hospital correspondence relating to the present illness(es) should, however, be included with the application. Application forms (both the general information Form 18 and the medical evidence Form 20) will be checked for completeness by the council s occupational health adviser before being passed to Teachers Pensions for processing. If the view of the occupational health adviser is that the application does not contain enough medical information to enable the DfES medical adviser to make a recommendation the employee and the LEA will work together to address these concerns before completed applications are submitted to Teachers Pensions. Ultimately, however, it will be the teacher s decision to submit the application Teachers' Pensions will consider the application which can take on average 2-3 months. The application will be either accepted or rejected. If the application is rejected due to insufficient medical evidence, the employer and the teacher will be advised of the medical adviser s opinion. They should then work together to consider commissioning further medical evidence and whether to submit a fresh application Once Teachers' Pensions has given its approval, the individual and the school must agree a suitable retirement date which must be within 6 months of the date of the last medical Teachers' Pensions recommend that employment ceases at the earliest possible retirement date. Where an individual has been on long term sickness absence and providing regular medical certificates, it would be reasonable to expect the last day of service to be regarded as the date on which the current medical certificate expires. The only exception to this would be in cases where an individual is approaching nil pay and therefore it would be of no benefit to the individual s pension to extend his/her service beyond the period of half pay. If an individual is still actively teaching this must cease with immediate effect and in those circumstances it would be appropriate to regard the individual's last day of pensionable service as the last day of active teaching service. Page 15 of 34

16 11.5 Teaching Staff -Out-of-Service applications Application forms for out-of-service teachers can be obtained from both personnel or Teachers Pensions (address below). Those who are no longer in pensionable employment should only complete part A of Form 18. If the employee has been out of service for less than 12 months Application for Ill-Health Retirement Benefits (Form 18) should be passed to personnel who will complete Part B and forward the form to Teachers Pensions. If the employee has been out of service for more than 12 months they should send the form directly to Teachers Pensions. In addition, arrangements should be made for Application for Ill-Health Retirement Benefits Medical Information (Form 20) to be completed by the medical professional best placed to comment on the employee s health, which would usually be their GP or consultant, and then submit both forms together to Teacher s Pensions. Payment of medical fees for out-of-service applications are met by the employee. Applications for Ill-Health Retirement should be sent to: Capita Business Services Ltd Teachers Pensions PO Box 157 Darlington DL3 9WB 11.6 Teachers' Pensions can be contacted at the following address for general enquiries: Capita Teachers Pensions Tel Mowden Hall Darlington DL3 9EE Local Government Pension Scheme 11.7 An employee, with at least two years service, who is a member of the Local Government Pension Scheme and who has to retire early because through ill-health he/she has become permanently unable to do his/her job, will be entitled to receive an immediate pension and lump sum payment. The receipt of pension benefit is subject to there being no suitable alternative employment available and the Occupational Health medical practitioner issuing a permanent ill-health certificate An individual with less than one year's total membership will receive a refund of contributions An employee with between one and two years total membership in the scheme would receive an ill-health grant The Local Government Pension Scheme for Medway Council is administered by Kent County Council. The address to contact for enquiries is: The Pension Section Tel Kent County Council Sessions House County Hall Maidstone Kent ME14 1XG Page 16 of 34

17 12. Sick Leave Entitlement Teaching Staff 12.1 Periods of sickness leave for teachers are calculated in working days only. Teachers absent due to sickness continue to receive full or half pay as appropriate through weekends, school holidays and bank holidays, though these periods do not count towards sick leave entitlement Under teachers' conditions of service a new period of sick leave and sick pay starts from 1 April each year. However, if a teacher is absent from work due to illness on 31 March, the period of absence will continue to be calculated against the previous year's absence and the new sickness period will not start again until the teacher is back at work. Support Staff 12.3 The rate of sick pay and the period for which sick leave shall be paid in respect of any absence due to ill-health is calculated by deducting from the period of sick pay appropriate to an employee's service on the first day of absence, the total amount of sick leave taken in the twelve months preceding the first day of absence. No account shall be taken of any unpaid absence on sick leave It is not necessary for an employee's sick leave entitlement to be exhausted before dismissal can be implemented. Education and Leisure Personnel must be consulted. 13. Sick Pay Administration Sick Leave 13.1 Employees who are absent are usually paid their normal pay which consists of Statutory Sick Pay (SSP) and Occupational Sick Pay (OSP). OSP is for a prescribed period based on length of service as indicated below. The Statutory Sick Pay Scheme gives employees who are too ill to work a right to a maximum payment from their employer Occupational Sick Pay (OSP) Teachers Length of Service Entitlement During 1 st Year of service Full pay for 25 working days and, after completing 4 calendar months service. Half pay for 50 working days During 2 nd Year of service Full pay for 50 working days, and then Half pay for 50 working days During 3 rd Year of service During 4 th and successive years Full pay for 75 working days, and then Half pay for 75 working days Full pay for 100 working days, and then Half pay for 100 working days The Governing Body can exercise its discretion to extend occupational sick pay. Page 17 of 34

18 Support Staff Length of Service During 1 st Year of service During 2 nd Year of service During 3 rd Year of service During 4 th and 5th year of service After 5 Years Service Entitlement 1 month's full pay and (after completing 4 months service) 2 months' half pay 2 months' full pay and 2 months' half pay 4 months' full pay and 4 months' half pay 5 months' full pay and 5 months' half pay 6 months' full pay and 6 months' half pay For support staff, in exceptional circumstances the school may extend the period of sick pay, at the discretion of the Governing Body or the Director in the case of centrally employed teachers Statutory Sick Pay (SSP) Statutory Sick Pay (SSP) is paid for up to 28 weeks of sickness absence after which period employees will revert to claiming sickness benefit from the DSS. The 28 weeks SSP received from Medway as the employer is treated like a salary and subject to PAYE, Income Tax, National Insurance contributions and pension contributions. Sick Pay provisions apply to full and part-time staff. When SSP ends, Medway Council as the employer, is required to send out Form SSP1 to the individual, advising them of the cessation of SSP. Included with this is a form for them to claim sickness benefit, which is paid by the Department of Social Security. 14. Dealing with Stress Teaching and working in schools can be stressful and teachers are particularly susceptible to stress related illnesses. Schools need to address the problems created by stress and ensure measures are taken to reduce its effect on the school's workforce. If symptoms can be identified at an early stage then measures can be taken to protect an individual from situations that exacerbate the position and eventually lead to a breakdown. Measures that could be taken to protect a member of staff include: Reallocation of duties Reviewing workloads and targets Providing close support from a member of senior staff Encouraging the individual to refer themselves for advice For further guidance on dealing with stress, refer to the Policy on Dignity and Respect at Work in Section 9 of the Personnel Handbook for Schools. 15. Sickness related to Pregnancy 15.1 If a pregnant employee is ill or the pregnancy is having an effect on her work, the headteacher must provide support and take appropriate action to investigate. However, action taken against a woman for pregnancy, or a reason connected to it, can be deemed to be unfair and classed as direct sex discrimination. As a result, illnesses, which are related to pregnancy, should be dealt with under the procedure for managing long term absence. Return to work interviews should be carried out as normal after each period of absence, the main objective being to identify practical support and assistance for the Page 18 of 34

19 absence, the main objective being to identify practical support and assistance for the individual, bearing in mind that illnesses related to the pregnancy will generally be of a limited duration. If an employee falls sick after the beginning of the 4 th week before her Expected Week of Childbirth (EWC) and the sickness is pregnancy related, the employee can automatically start her maternity leave. Any sickness before the 4 th week will be treated as sickness absence Under the European Union Pregnant Workers Directive, headteachers are required to carry out risk assessment of the work in the school, which may be undertaken by women of childbearing age. The risk assessment should be undertaken once the school has been notified in writing that the employee is pregnant, has given birth in the previous six months or is breast-feeding Absences arising from accidents, injury or assault at work i. In the case of absence due to accident, injury or assault attested by an approved medical practitioner to have arisen out of and in the course of the teacher s employment, including attendance for instruction at physical training or other classes organised or approved by the employer or participation in any extra curricular or voluntary activity connected with the school, full pay shall in all cases be allowed, such pay being treated as sick pay, subject to the production of self certificates and/or doctors statements from the day of the accident, injury or assault up to the date of recovery, but not exceeding six calendar months. ii. iii. iv. Where a teacher is still absent due to accident, injury or assault after the initial six months period, the question of any extension of payment under paragraph 15.3(i) shall be considered. In the event of no extension of leave being granted under paragraph 15.3 (i), the teacher shall be entitled to normal sick leave and pay. Absence resulting from accidents, injuries or assaults shall not be reckoned against the teacher s sick pay entitlements though such absences are reckonable for entitlement to Statutory Sick Pay. For the purpose of sub-paragraph 15.3(i) absence shall include more than one period of absence arising out of a single accident, injury or assault. Page 19 of 34

20 APPENDIX 1 1. WHAT CONSTITUTES ABSENCE? EMPLOYEE'S GUIDANCE NOTES Absence can be defined broadly as any time when you are not at your place of work during normal working hours, or at other times when you are contractually required to be at work. This encompasses the following: (a) statutory entitled absence: maternity leave, jury service, paternity leave, trade union duties and activities; (b) absence authorised by the organisation: approved annual leave, attendance at training courses, compassionate leave; (c) absence contractually provided for: sick leave; (d) unauthorised absence: - failure to return from leave on time - taking annual leave without authorisation - leaving work early without authorisation - late attendance Unauthorised absence and absence for false reasons may constitute misconduct if substantiated.. 2. WHAT YOU SHOULD DO WHEN YOU ARE OFF SICK 1. Notify your supervisor or line manager on the first day of absence, before eight if possible, in order that adequate cover can be arranged, if necessary. 2. Contact your supervisor or line manager if you remain absent for three days, indicating when you will be able to return to work. 3. Remain in regular contact with your manager during your absence, keeping him/her up-to-date with your progress. 4. Complete a Self-Certification Form on your return to work, (after one day for non teachers and on the 4 th day for teachers). This will be available from your school office. 5. Obtain a doctor's certificate if your absence continues beyond 8 days (including weekends) and pass it to your personnel section via the school office. Failure to provide a medical certificate could be deemed as misconduct and action under the appropriate disciplinary procedure may be considered. If you are unable to undertake actions 1-5 yourself, you should ask someone, a friend, relative, or some other representative to act on your behalf. 6. Have an interview with your supervisor/line manager on your return, during which you may discuss any problems or issues; this may include a review of your absence record. Page 20 of 34

21 3. AN EMPLOYEE SHALL NOT BE ENTITLED TO SICK PAY UNLESS: (I) (II) (III) (IV) notification is made to the employer as may be required, not later than the fourth working day of absence; a doctor's statement is supplied not later than the eighth day of absence; subsequent doctor's statements are submitted at the same interval as they are required for D.S.S (NI) purposes and on return to duty in those cases where the absence extends beyond the period covered by the initial statement and at similar intervals during a period of entitlement to Statutory Sick Pay. In the case of prolonged or frequent absence, the employee undertakes any examination that the employer may require by an approved medical practitioner nominated by them, subject to the provisions of the Access to Medical Reports Act 1988 where applicable. The cost of the examination shall not be borne by the employee. The employee s own doctor may be present at such an examination at the employee s request. When a teacher enters hospital or similar institution a doctor's statement on entry or discharge shall be submitted in the place of periodic statements. 4. LONG-TERM ABSENCES If you are absent for a continuous period of 8 weeks you may be referred to the Occupational Health Adviser. The purpose of this is so that your line manager can get an independent assessment of your condition and an estimation of when and if you may be fit to return to work. Should the Occupational Health Adviser require medical reports from your GP, the Authority is legally bound to ask your permission before requesting them. If you refuse to allow medical reports to be provided, your Headteacher will have to make an assessment on the strength of his/her knowledge of your circumstances. However, this is not necessary for Independent Medical Assessments through a doctor appointed by Occupational Health. Should Occupational Health advise that you are permanently medically unfit to perform your full contractual duties, and you wish to remain working for the authority, the personnel section will make every effort to help you find more suitable employment. However, this does not mean that this will be possible in every case. If the Occupational Health Unit has advised that you are medically unfit to do your job, and you no longer wish to continue working for the Authority, you may wish to consider taking early retirement on the grounds of ill-health. You should also be aware that ill-health dismissal is an option, which may be considered by the Governors in such circumstances. Governors are advised that it is essential to consult with Education and Leisure Personnel before pursuing this option. Page 21 of 34