Blackpool & The Fylde College SICK PAY POLICY. Agreed Date: April 2013

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1 Blackpool & The Fylde College SICK PAY POLICY Agreed Date: April 2013 Review Date: April 2015

2 Contents 1. Scope and Policy 3 2. Accountability 3 3. Learner Involvement 3 4. Statutory Sick Pay 4 5. Entitlement to Occupational Sick Pay 4 6. Effects Entitlement to SSP may have on Occupational Sick Pay 5 7. Exclusions to the Scheme 6 2

3 1. Scope and Purpose 1.1 This scheme sets out the rights and entitlements of all employees who are absent from work owing to sickness, injury or other disability. 1.2 The College has an obligation to pay Statutory Sick Pay (SSP) as a minimum on behalf of the Government Agency to those employees who are eligible to receive it. This scheme explains regulations affecting entitlements to SSP, Occupational Sick Pay (OSP) and the effect that entitlement to SSP may have on Occupational Sick Pay. 1.3 All employees whether on a permanent or temporary basis are eligible to receive the benefits described in this scheme. 2. Accountability 2.1 The Director of HR is responsible for ensuring that the policy is implemented, regularly reviewed and updated. 2.2 It is the responsibility of all staff to ensure that they comply with the requirements set out under the Attendance Management Policy and Procedure in order to be eligible to Occupational Sick Pay under this scheme. This will involve employees using the correct reporting of sickness absence, maintaining regular contact with the college, providing a Return to Work & Self-Certificate and medical certificate(s) on time and co-operating with any requests for further medical information. 2.3 If, for any reason, employees do not follow the requirements set out under the Attendance Management Policy and Procedure and those set out under this scheme, the absence may be treated as unauthorised which may result in disciplinary action, including dismissal, being taken. 3. Learner Involvement It is not intended that there is any direct learner involvement in this policy. 3

4 4. Statutory Sick Pay 4.1 Payment of Statutory Sick Pay will only be authorised on correct notification of the absence and on timely receipt of medical certificates where the absence exceeds one week. For further information on absence reporting please see the Absence Reporting Policy. 4.2 The main features of the scheme are: The first three days of incapacity are unpaid (called 'waiting days') - NB Employees will still get Occupational Sick Pay; Further sickness is paid at the rate of a week (2012 figure revised annually in April) for up to 28 weeks; Once SSP is exhausted, an employee normally transfers onto benefits, paid directly by the DWP; If two periods of sickness are separated by less than eight weeks (56 days) then they are linked and the employee need not serve the waiting days again. 4.3 To get SSP an employee must have Average Weekly Earnings of at least in the period of at least eight weeks before the first day they are off work sick. More information about SSP is available from Her Majesty's Revenue and Customs 5. Entitlement to Occupational Sick Pay 5.1 Payment of Occupational Sick Pay will only be authorised on correct notification of the absence and on timely receipt of medical certificates where the absence exceeds one week. For further information on absence reporting please see the Absence Reporting Policy. Entitlement to Occupational Sick Pay increases according to the length of an employee's continuous service. The date from which continuous service is calculated will be stated in an employee s Contract of Employment. 5.2 Subject to the provisions of this scheme, employees will be entitled to the following Occupational Sick Pay entitlement:- Service During 1st year of service During 2nd year of service During 3rd year of service During 4th and 5th year of service After 5 years service Sick Pay 1 months full pay and, after 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 Note : For the purposes of calculating entitlement to Occupational Sick Pay, 'one month' is equivalent to a calendar month. 5.3 The College has the discretion to extend an employee's entitlement to Occupational Sick Pay (at either full or half pay) in exceptional circumstances. In exercising this discretion the seriousness of the case will be taken into account and the likely beneficial effect of such 4

5 action in relieving anxiety and thereby speeding recovery. Where a member of staff is absent for an extended period there may be a possibility to top up the amount of Occupational Sick Pay with annual leave each case will be assessed on an individual basis. 5.4 The entitlement to Occupational Sick Pay for a specific period of sickness absence is calculated as follows:- i) by calculating the entitlement appropriate to the employee's service on the first day of any period of sickness absence; and ii) by deducting from that entitlement the aggregate of periods of sickness absence during the twelve months immediately preceding the first day of absence. 5.5 If a public holiday or an efficiency closure day occurs during a period of sick leave, the employee will continue to receive sick pay. However, payment will be deferred for a public holiday which occurs during a period of unpaid sick leave until the employee returns to work unless the employee chooses to add the time to their leave entitlement. 5.6 Any period of absence due to a workplace injury or illness caused by work will be subject to Occupational Sick Pay but will not be included in the absence monitoring procedure. In exceptional circumstances where you are absent because of assault or serious injury (including industrial disease and accidents on duty) suffered during the course of your duties, your entitlement to full pay will be extended for a maximum period of nine months irrespective of length of service. There is no automatic entitlement to this provision and all cases will be assessed on an individual basis. 5.7 Where a member of staff is on annual leave or has booked annual leave and is subsequently taken ill, occupational sick pay allowances will be made in accordance with sick pay regulations where the absence is covered by a Form Med 3 or a private fit for work note and the employee has indicated that they wish the absence to be recorded as sickness. 5.8 The College reserves the right to make a deduction from any salary due to you if you have been overpaid sick pay for any reason. 5.9 An employee will not suffer any financial penalty by returning to work under recommended temporary adjustments. What this means in practice is, for a reasonable period, you will be paid a normal day s pay for any day that you work, even if it is not a normal full working day. 6. Effects Entitlement to SSP may have on Occupational Sick Pay 6.1 If an employee is entitled to receive SSP, or is in receipt of Employment and Support allowance these will be offset against any entitlement to full pay. 6.2 Where an employee is entitled to receive half pay, the total sum of half pay plus SSP or Employment Support allowance must not exceed full pay. If necessary, the half pay allowance will be reduced. 6.3 All employees are obliged to declare to the College their entitlement to any benefits. If the employee fails to do so, the College will be entitled to deduct the maximum of such benefit obtainable. 5

6 7. Exclusions to the Scheme 7.1 An employee who is absent as the result of a non-industrial accident will not be eligible to receive occupational sick pay if damages might be receivable from a third party. However, the College 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 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 College will decide the length of the period of absence which should be recorded after consultation with the employee. 7.2 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. 7.3 If the College becomes aware that an employee may have failed to comply with any requirement under this scheme or the exclusions set out above the payment of occupational sick pay may be suspended. In such circumstances, the College will advise the employee of the reasons for this suspension and will invite him/her to attend a meeting to make any observations. The employee will be given the opportunity to put forward his/her case to the Director of Human Resources. If it is decided that the employee has failed, without reasonable excuse, to fulfil the requirements of the scheme, then no further payments will be made in respect of that period of absence and further action may be taken. The employee has the right to be accompanied by a work colleague or certified trade union official to this meeting. The employee will be informed verbally of the outcome of the meeting without delay and in writing within 5 working days. Employees will have the right of appeal and must lodge their appeal in writing to Human Resources within 7 calendar days. This final appeal will be heard by a Vice-Principal. 6

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