Sickness & Absence Policy

Transcription

1 Sickness & Absence Policy Key document details Author: HR Business Partner Approver: CEO Owner: Human Resources Version no.: 1.0 Date: June 2015 Next review: October 2017 Ratified: July 2015

2 Contents 1 Introduction What does this policy do and who is it for? 3 2 Guiding Principles General Principles Confidentiality Maintenance of Records 4 3 Roles and Responsibilities Individual Line Manager/Principal HR Business Partner Representative 6 4 Payment Entitlements Teachers sick pay entitlement Support staff sick pay entitlement Phased return to work payments 7 5 Steps in the process Managing sickness absence Return to work Frequent absence Long term absence Termination Meeting 13 6 Formal Absence Review Meetings Inability to attend formal Sickness Absence Meeting 15 7 Ill Health Retirement Support Staff Teaching Staff 16 8 Right of Appeal 16 9 Holiday and Sickness 16 Page 2 of 16

3 1 Introduction 1.1 What does this policy do and who is it for? This policy has been developed to effectively manage the welfare needs of Harris Federation employees and to ensure fair and consistent treatment across the Federation including where sickness absence falls below the standards required. The procedure is designed to support employees to improve their absence and to ensure the Federation maintains a duty of care to all employees. This policy and procedure complies with the ACAS code of practice and is in accordance with the Federation s Equalities and Diversity Policy. All sickness absence will be managed professionally and information kept confidential as appropriate. This policy is for all Harris employees. The Harris Federation may vary any part of this procedure at any point following consultation. 2 Guiding Principles 2.1 General Principles The Harris Federation aims to reduce sickness absence through constructive and timely intervention. This includes supporting employees by working with health professionals to facilitate their earliest return to safe and appropriate duties. Each Academy has a process for reporting sickness absence which must be followed. This policy is in addition to these reporting procedures. Absence that has not been notified in accordance with the sickness absence reporting procedure will be treated as unauthorised absence and action may be taken under the Disciplinary Policy. In implementing this procedure consideration will be given to: Employees who are absent due to maternity, disability, or suffering from a terminal illness The employee s previous sickness and attendance history Absence which may be due to a recognised industrial injury sustained during the course of the employee s duties Redeployment as an alternative action to reduce sickness absence, i.e. due to medical reasons Any sanctions that are awarded as part of the sickness absence process will be in line with the Harris Federation Disciplinary process. 2.2 Confidentiality When managing an employee s sickness absence, the need to maintain confidentiality is of paramount importance. All staff have a personal responsibility for ensuring that information they receive is kept confidential, whether it is written or verbal, and whether it is received directly or Page 3 of 16

4 indirectly. It should be noted that in some circumstances the Academy could become liable for unauthorised disclosure of confidential information. Any breach of confidentiality may result in disciplinary action being taken against those involved. 2.3 Maintenance of Records All absences will be recorded and monitored as part of the sickness absence process. All documentation will be managed as personal data and only shared where it is appropriate to do so. All paperwork relating to sickness absence will be stored confidentially by the Academy or Federation. In certain circumstances all papers obtained and created during a sickness absence case may have to be fully disclosed for example, at an Employment Tribunal. 3 Roles and Responsibilities 3.1 Individual Every employee has a responsibility to follow the procedures for sickness absence as laid out in this policy. Reporting procedures may differ in each Academy, therefore on the first day of absence you must follow the Academy procedures that are in place. Employees at the Federation s Head Office must phone their line manager by 9.00 am on the first day of absence. s or text messages should not be used to notify a period of sickness absence. When reporting their absence, the employee should give as much detail as possible and advise of whether they will be seeking medical advice and when they anticipate returning to work. If able, the employee should ensure that their line manager is fully aware of their current work commitments so they can plan sufficient cover for the absence. Employees should keep in regular contact with their line manager during their period of absence. For any absences over a period of seven calendar days employees need to provide a Fit Note from their doctor. Should the absence continue, the employee must submit further Fit Notes to their line manager at regular intervals covering their period of sickness. If an employee fails to follow these reporting procedure, without an acceptable reason the Principal or line manager will clarify with the employee the requirement to present further Fit Notes and warn them that any further failure to adhere to this requirement may result in their pay being stopped and/or disciplinary action being instigate. If the absence remains ongoing for a period of more than four continuous weeks, then the Academy or Federation will consider this to be a long-term absence. For these absences or repeated instances of the same type of absence the Academy or Federation may require the employee to speak with an Occupational Health professional. Upon the employee s return to work, their line manager will meet with them to complete the Return to Work Form, and this should take place for all absences, no matter on the length. This discussion provides an early opportunity for potential resolution of any issues which may have contributed to the absence; it also allows the line manager to ascertain if the employee is well Page 4 of 16

5 enough to return to work and to clarify the reasons for their absence. In addition the line manager will be able to update the employee on anything they may have missed whilst off work, offering any support if necessary. Should the employee reach the trigger points as detailed in sections and 5.4.1, their line manager or Principal will have a discussion with them highlighting that their absence is at an unacceptable level. If the level of absence increases it may result in the line manager or Principal inviting the employee to a formal sickness absence meeting (see sections and 5.4.2). Any mitigating circumstances will be taken into account before a decision is made as to whether to hold a formal absence review meeting. Employees are reminded that whilst they are absent from work they should be acting in a manner that is consistent with the reason for their absence and not delay or hinder their recovery. 3.2 Line Manager/Principal Principals and line managers have a responsibility to manage the attendance of their direct reports. They should be informed by telephone on the first day of absence, in line with the Academy/Federation procedure for notifying absence. When speaking with the employee, the Principal or line manager will gather as much detail as possible regarding the nature of the absence, whether any medical advice is to be sought and when they expect to return to work. If the absence is likely to be for longer than seven calendar days, the Principal or line manager should remind the employee that they will need to provide a Fit Note from their doctor. If appropriate, during the discussion the Principal or line manager should ascertain the employee s current workload so they can be better informed when making arrangements to cover their work during the period of absence. The Principal or line manger should maintain regular contact during the period of absence. When the employee returns to work, the Principal or line manager should meet with them to ascertain that they are well enough to return to work, update them on anything which occurred during their absence and complete a Return to Work Form. The Principal or line manager should have a discussion with any employee who has reached the trigger points detailed in sections and The Principal or line manager should seek advice from their HR Business Partner and the discussion would be informal between line manager and employee at this stage. This discussion should highlight to the employee that their absence is becoming excessive, to determine any underlying issues which could be causing the absence and to bring to their attention that any further instances of absence may result in further action being taken. For instances of long-term sickness, which for the purpose of this policy is for a continuous period of more than four weeks or repeated instances of the same type of absence, then it may be appropriate to seek advice from Occupational Health. On receipt of the report, the Principal or line manager should speak to their HR Business Partner and seek advice on the next steps. Page 5 of 16

6 3.3 HR Business Partner The HR Business Partner will support and advise Principals and line managers as required through the absence management process. This may include attendance at formal absence review meetings. HR will be in attendance at any absence review whereby dismissal could be a potential outcome. 3.4 Representative At any stage of the formal procedure including any appeal hearing, the employee concerned may be accompanied by: a workplace colleague a trade union representative The representative is there to support the employee and assist them in putting their points across. The representative can address the hearing, but they are not allowed to answer questions on the employee s behalf. There will be no reprisals for the representative because they have supported an employee through this process. The representative must respect the confidentiality of the hearing and should not discuss this matter with anyone other than the employee whom they are supporting. If the representative is unavailable at the time the meeting is scheduled and will not be available for more than 5 working days afterwards, the employee may be required to seek alternative representation. If the choice of representative is unsuitable, for example, if the representative has a conflict of interest, an employee may be asked to choose someone else Employees do not normally have the right to be accompanied by relatives, friends or legal advisers unless they also meet the criteria above. 4 Payment Entitlements 4.1 Teachers sick pay entitlement Within any 12 month period, commencing on 1 st April each year, a teacher is entitled to receive an occupational sickness allowance in accordance with The Burgundy Book The table below is an extract from the The Burgundy Book During the first year of service During the second year of service During the third year of service During the fourth year and subsequent years Full pay for 25 working days (and after completing four calendar months service) half pay for 50 working days Full pay for 50 working days and then half pay for 50 working days Full pay for 75 working days and half pay for 75 working days Full pay for 100 working days and half pay for 100 working days Page 6 of 16

7 4.2 Support staff sick pay entitlement Within a 12 month rolling period, an employee is entitled to receive an occupational sickness allowance in accordance with The Green Book. The Table below is an extract from the The Green Book During the first year of service During the second year of service During the third year of service During the fourth year and fifth year of service After 5 years 1 months 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 4.3 Phased return to work payments If the employee has been off sick for a long period it may be necessary for them to have a phased return to work. If, as part of this the employee works fewer hours than they are contracted to work for in excess of four weeks; your pay will be reviewed to take into account the reduced hours. 5 Steps in the process 5.1 Managing sickness absence It is essential that managers identify whether the underlying sickness problem is one of short-term absences or long term absence, before applying the procedure, as the two forms of absence are treated differently. Unless otherwise agreed by the Principal or Federation Director, the line manager is responsible for the monitoring and management of all sickness absence. Occupational Health is an impartial advisory service which is used to provide medical information on an employee s illness to enable the Academy to make informed employment decisions and the line manager should consider any medical advice received before making any decisions. Whilst employment decisions are taken in light of medical advice, the decisions themselves are management responsibilities with due regard to the operational needs of the Academy. In the absence of further relevant information, management reserve the right to make employment decisions based on the evidence available. If the employee s absence reaches one of the trigger points (sections and 5.4.1) or further health concerns arise within 12 months following a successful review period, the line manager will consider whether it is appropriate to proceed directly to a Final Formal Hearing (section 5.5). Page 7 of 16

8 If, at any stage, medical advice suggests that the employee is unlikely to be able to return to work within a reasonable period of time, carry out their current day to day duties, or is unlikely to be able to sustain regular attendance in the future, the matter may proceed directly to a Final Formal Hearing (section 5.5). 5.2 Return to work An employee is required to inform their line manager at the earliest opportunity, on the first day that they have returned from sickness. A return to work discussion must be conducted, normally on the first day of return, regardless of the duration of the absence. The return to work discussion must: Confirm the reasons and duration of absence ensuring a Return To Work Form is completed Confirm that the employee is fit to return to work (although this may be the opinion of the individual rather than a medical statement) Provide an opportunity to identify any health, domestic or other related problems and Update the employee on any events which may have occurred during their absence. The Return to Work Form should record the discussion and must be signed by the employee and the person leading the discussion. Failure to sign the form does not invalidate any future action. The form will be stored on the employee s file. 5.3 Frequent absence Managing frequent absence The Principal or line manager must take appropriate action to address short term or intermittent sickness absence, irrespective of whether they are uncertified or certified by a doctor when the employee s sickness absence has been identified as a cause for concern. If the employee s absence reaches one of the trigger points outlined under sections or is a cause of concern to the Academy or Federation, the Principal or line manager will proceed directly to the Informal Sickness Absence Meeting (section 5.3.3). Line Managers may require an employee to produce a fit note for each period of absence and, where necessary, any reasonable costs incurred will be reimbursed Frequent absence trigger points The trigger points for short term/intermittent absences over a rolling 12 month period are as follows: A total of 8 days absence; or 4 separate occasions of absence If an employee reaches either of the above trigger points it will instigate an absence review meeting. Managers/Principals/Directors should monitor all absences and take appropriate action as soon as a problem has been identified. Page 8 of 16

9 5.3.3 Informal Sickness Absence Meeting An informal confidential meeting between the line manager, or a manager nominated by the Principal, and employee should be arranged as soon as attendance has been highlighted as a concern. A HR representative or trade union representative need not be involved at this stage, but this can be varied by mutual agreement. The aims of the Attendance Review Meeting is to: Inform the employee that their attendance is a cause for concern Allow the employee to inform the manager if there is an underlying medical problem Give the employee an opportunity to explain other reasons for sickness, e.g. domestic difficulties, work, stress, alcohol or drug related problems etc. Where appropriate, support should be offered such as assistance with making arrangements for treatment, special leave, and temporary adjustments to working hours, or access to counselling. Following the Attendance Review Meeting the employee should be allowed reasonable time to demonstrate an improvement in their attendance. A management note may be issued following this meeting advising the employee of the Academy or Federation s expectations for immediate and sustained improvement in their attendance. The management note will remain of file for a period of 6 months. Should there be any further concerns relating to the employee s absence or they reach one of the trigger points outlined at section within the 6 month period, the line manager may instigate a first formal absence review meeting. It may be appropriate in certain circumstances to move straight to a first formal meeting, and where this is the case, the employee will be advised of this First Formal Sickness Absence Meeting Where the employee s absence record has not sufficiently improved following the informal sickness absence meeting, the line manager will invite the employee to a First Formal Sickness absence Meeting. The aims of the First Formal Stage Sickness Absence Meeting is to: Discuss the employee s sickness absence and the impact of their level of attendance Identify whether there are any underlying causes for the lack of improvement Refer the employee to the Federation s Occupational Health Provider for an independent medical assessment Page 9 of 16

10 Advise the employee of the employment implications of their absence at work Inform the employee that their attendance will be closely monitored and set targets for improvement which may include no further absence in a 12 month monitoring period. If absence occurs during this period, the employee will be required to provide a fit note for consideration. Caution the employee if there is not a substantial and sustained improvement in their attendance a Final Formal Hearing will be arranged, at which determination may be made to issue a final written warning; If during the monitoring period the employee s absence continues to be a concern, the line manager reserves the right to bring forward a referral to the Final Formal Stages. The reasons for the absence should be explored with the employee together with any action necessary to reduce the level of absence (i.e. workplace adjustments). The line manager may refer the matter to the Federation s Occupational Health Provider but this is not always necessary. Such referrals are undertaken in parallel with any formal action to ensure the Academy or Federation are supporting the employee in improving their attendance. A HR Representative may be present at the First Formal Stage Absence meeting. The outcome of the meeting should be confirmed to the employee in writing, within 5 working days of the meeting. The outcome of this meeting may be a first written warning iandwill remain on file for a period of 12 months Final Formal Absence Review Meeting If, following the first formal absence review meeting, concerns relating to the employee s attendance persist or they again reach one of the trigger points outlined in section during the 12 month period, the employee will be invited to attend a final formal absence review meeting. The aims of the Final Formal Stage Sickness Absence Meeting are to: Discuss the employee s sickness absence and the impact of their level of attendance Identify whether there are any underlying causes for the lack of improvement Refer the employee to the Federation s Occupational Health Provider for an independent medical assessment if this was not completed at the first formal meeting. Advise the employee of the employment implications of their absence at work; Inform the employee that their attendance will be closely monitored and set targets for improvement which may include no further absence in an 18 month monitoring period. If absence occurs during this period, the employee will be required to provide a fit note for consideration. Page 10 of 16

11 Caution the employee if there is not a substantial and sustained improvement in their attendance a Final Formal Hearing will be arranged, at which determination may be made to terminate their employment. If during the monitoring period the employee s absence continues to be a cause for concern, the line manager reserves the right to bring forward a referral to the termination meeting stage Termination Meeting Following the final written warning being issued for attendance, if attendance concerns persist or one of the trigger points are reached during the monitoring period, the employee may be invited to attend a termination meeting. The aim of this meeting is to: Discuss the employee s sickness absence and the impact of their level of attendance; Identify whether there are any underlying causes for the lack of improvement; Advise the employee of the employment implications of their absence at work; Advise the employee of the support that has been provided from the Federation 5.4 Long term absence The outcome of this meeting may be to terminate the contract of employment for this employee. The outcome of the meeting should be provided in writing to the employee within 5 working days of the meeting. A HR representative will be in attendance at this meeting Managing long term absence Long Term Sickness Absence will normally be characterised by an underlying medical condition resulting in continual absence of 20 working days (4 weeks) or more, although alternatively there could be short term absences caused by a long term underlying medical condition. Where monitoring indicates a long term absence or a developing long term illhealth problem the line manager should refer the employee to the Federation s Occupational Health Provider to establish the state of the employee s health and receive an opinion on the expectations for a sustained return to work. The employee must be informed of the approach to the Occupational Health Service. The line manager should agree how they are going to remain in regular contact with the employee, this may be in the form of a letter, telephone call or home visit. Primarily the aim is to maintain contact with the employee and check their current position and to ensure they are kept abreast of any changes that may affect them within the Academy or Federation. Page 11 of 16

12 When it seems clear that the employee is going to be absent for a specified period of time or when a terminal illness has been diagnosed the manager will need to assess the situation in conjunction with their HR Business Partner. In exceptional circumstances it may be that no further action will be necessary apart from maintaining a level of contact with the employee through a mutually acceptable member of staff First Formal Sickness Absence Meeting If an employee has been absent for 20 working days a first formal sickness review meeting will be arranged. This will be to discuss the current prognosis and for the employee to provide an update on their views for a return to work. If the employee advises that they are unable to return to work, the line manager will agree how and when they will keep in touch with the employee. The employee will also be advised that they will be referred to the Federation s Occupational Health provider to obtain a report on how they can support the employee s return to work. The outcomes agreed at the meeting should be confirmed to the employee, in writing, by the manager, within 5 working days of the meeting. Where appropriate the manager may decide to reconvene the meeting in order to consider further evidence and advice If a return to work is achieved within the agreed time period, the employee will be advised in writing and reminded of the need to sustain the improvement in order to avoid further action. The line manager will work with the employee to ensure that any adjustments or alterations agreed to support their return to work are maintained. The employee will be entitled to bring along representation as detailed in section 3.4 and a HR Business Partner from the Federation may also be in attendance Final Formal Sickness Absence Meeting If, following the first formal meeting, the employee has not been able to return to work within a 4 week period, a final formal sickness absence meeting will be scheduled. The line manager should have received an Occupational Health report on the employee which will be discussed at the meeting. The employee should be provided with details of their sickness record and a copy of the Occupational Health report prior to this meeting. The aims of the Final Formal Sickness Absence Meeting is to: Discuss the medical treatment that the employee is receiving and the prognosis for recovery within a reasonable length of time; Identify what the employer can reasonably do to aid the employee s recovery with a view to a return to work, including any reasonable workplace adjustments, including redeployment, that may need to be considered (advice on this should be sought from Occupational Health and Human Resources); Page 12 of 16

13 Assess the likely length of continuing or repeated absences; Agree a time-limited monitoring period (usually between 3 to 6 months) to support the employees rehabilitation and return to work; Consider whether in all the circumstances the employer can be expected to wait for the employee to return to work. If the matter is sufficiently serious and the employee is unable to return to work within a reasonable timeframe, taking into consideration the operational needs of the Academy, the matter may be referred to the Termination stage The employee should be cautioned that if the required improvement is not made within the review period, we may progress to a Termination meeting. The outcomes agreed at the meeting should be confirmed to the employee, in writing, by the manager, within 5 working days of the meeting. Where appropriate the manager may decide to reconvene the meeting in order to consider further evidence and advice If a return to work is achieved within the agreed time period, the employee will be advised in writing and reminded of the need to sustain the improvement in order to avoid further action. The line manager will work with the employee to ensure that any adjustments or alterations agreed to support their return to work are maintained. If an individual is unable to attend the formal sickness absence meeting please refer to section Termination Meeting By this stage, the employee should have been given every opportunity to improve their attendance to an acceptable level. If all efforts have failed, the employer has a duty to consider terminating the employee s contract on the grounds that the employee is unable to meet their contractual obligations to work. Where necessary, the Academy or Federation must show that the employee has been given every opportunity to improve their attendance. This meeting will determine the employee s future if: The targets or timescales set during the First and Final Formal Stages have not been met The improvement made during the First and Final Formal Stage has not been sustained over the following 12 months Independent medical advice suggests that the employee will not, within a reasonable amount of time, be able to return to work or undertake the full duties of their post or The Academy or Federation can no longer sustain the level of the employee s attendance due to the impact on the service. The employee should be informed that the hearing may result in their employment being terminated on the grounds of incapacity due to ill-health. Should the employee wish the Page 13 of 16

14 Principal/Line Manager to consider additional evidence such as further medical reports, this should be supplied to the Chair at least 3 working days before the Hearing. The Principal or Federation Director will usually hear cases where dismissal is a possibility and the Chief Executive will hear the case where the member of staff is a Principal. The Principal/Director/Chief Executive should be advised on procedural matters by a HR Business Partner. At the meeting, the Chair will: Confirm the facts of the case, the action taken to date, independent medical advice and any developments since the last sickness meeting Consider any representations made by or on behalf of the employee Whether redeployment is a suitable alternative, i.e. due to medical reasons Where the medical advice is not encouraging, explain the implications for the employee s colleagues and the service Determine the likely duration of the absence or continuation of the condition The employees previous work record and attendance history Check the appropriateness of ill-health retirement (subject to the recommendation from Occupational Health) Consider any reasonable adjustments for employees with a disability Where a full return is expected but not within the near future, where the prognosis is indeterminable, or where there is an underlying medical condition causing persistent short term sickness, the Principal must assess whether in all the circumstances the employee s continued absence is tolerable. Having considered the above, the Chair may decide on one of the following outcomes: To terminate the employee s employment (with notice) on the grounds of incapability due to ill-health; Redeploy the employee to alternative work where this is deemed to be more suitable to the employee s health condition and where a more appropriate role is available; Retirement on the grounds of Ill-health (subject to the recommendation of Occupational Health) Where a determination to dismiss is made, this will be on the grounds of incapability in accordance with the notice provisions contained within the Burgundy or Green Books. The employee must be informed in writing of the outcome of the Termination meeting within 5 working days and advised of their right to appeal against dismissal. Appeals must be made in writing to the Chief Executive within 5 working days of the written outcome of the termination meeting (for Appeal process see section 7). If an individual is unable to attend the formal sickness absence meeting please refer to section 6.1 Page 14 of 16

15 6 Formal Absence Review Meetings The employee should be given at least 5 days written notice to any formal absence review meeting Employees should be advised of their right to be accompanied by a recognised trade union representative or workplace colleague at all meetings held under the formal stages of this procedure. The employee should be provided, in advance of any formal meeting, with evidence that will be presented at the meeting. 6.1 Inability to attend formal Sickness Absence Meeting If an employee is unable to attend a formal sickness absence review meeting that meeting/hearing can proceed in the employee s absence if: The employee has been provided with the relevant amount of written notice The employee is advised that if they fail to attend the scheduled meeting that it may be held in their absence The employee has been advised of their right for a trade union/workplace colleague to attend or to make representations on their behalf The employee has been invited to send in written representations to be considered in their absence if they are unable to attend the scheduled meeting/hearing The line manager, Principal or Chief Executive conducts the meeting as far as possible in accordance with the policy The employee is invited to make comments on the record of the meeting should the meeting proceed in their absence. If the employee s representative is unable to attend the date given for the meeting this can be rescheduled on one occasion, but the meeting must take place within 5 working days of the original meeting. 7 Ill Health Retirement 7.1 Support Staff In circumstances where ill-health retirement is being actively considered as part of the sickness absence process, the employee will be referred to Occupational Health for advice as to whether the employee is permanently incapable of efficiently carrying out their duties due to ill-health. Upon receipt of permanently unfit status the line manager should arrange a meeting under the Termination stage of this procedure (sections 5.36 and 5.5 XX) to discuss the ill-health retirement. Should an employee not agree to ill-health retirement or if ill-health retirement is not available, the Academy or Federation will be required to proceed with the sickness absence process as detailed in this policy. Page 15 of 16

16 7.2 Teaching Staff A teacher who is contributing to the Teachers Pension Scheme (TPS) can voluntarily apply to the TPS for ill health benefit. The teacher will be notified by the TPS whether ill health benefit can be granted which means a decision to retire early on the grounds of ill-health is the decision of the teacher and not the Federation. In all other cases, a decision to terminate employment on the grounds of ill-health/sickness absence should be dealt with in accordance with this procedure. 8 Right of Appeal Employees may appeal to the Principal or Federation Director against a decision taken at the Formal Stages of this procedure to: terminate employment; redeploy the employee; retire the employee on the grounds of ill-health; or issue a written warning The Principal/Federation Director will liaise with Federation s HR team to appoint an independent Senior Leader or Governor to hear the appeal. The appeal hearer will write to the employee giving details of the appeal hearing, which will normally take place within 10 working days of receipt of the employee s appeal. The employee will be advised in writing of their right to be accompanied at the appeal hearing by a trade union representative or workplace colleague. A HR representative will attend the appeal hearing to provide advice on procedural matters. The decision at this stage will be communicated to the employee in writing within 10 working days of the appeal hearing. This decision is final and there is no further right to appeal. 9 Holiday and Sickness Any employee who is on long term sick leave will continue to accrue holiday and may take holiday in the normal way. However, contractual holiday entitlement over and above the minimum statutory holiday entitlement will not accrue during any paid or unpaid period of sick leave once an employee has been continuously absent for a period of 20 days. For the purpose of clarity the minimum statutory holiday entitlement is 28 days, pro-rated for part-time employees. An employee wishing to take holiday whilst on sick leave should acquire the approval of all holiday dates in accordance with the Federation s leave policy. If approval is gained employees will receive the holiday pay they would normally receive during their period of sickness. If the employment is terminated before an employee returns from sick leave they will receive a payment in lieu of any accrued but untaken statutory holiday entitlement. Page 16 of 16