Chapter 3 - Sickness absence policy pre 19 November 2007
Appendices
- Self certification form (not currently available)
- Analysis of sick absence spreadsheet (not currently available)
- Stress policy statement (not currently available)
- Claim pack for incapacity benefit (not currently available)
- Form PAY 413 (not currently available)
- Form 252C (not currently available)
- Accident form (not currently available)
- Form 291A (not currently available)
- Form of undertaking (not currently available)
- The aim of this chapter is to heighten awareness of the Department's rules governing sickness absence, and to set out the role each member of staff has to play in the recording and monitoring of sickness absence.
- This chapter looks in detail at the procedures to be followed in recording sickness absence. In addition, this chapter gives guidance on the procedures to be followed and the allowances applicable when absences occur as a result of injury caused whilst on duty or by a third party as a result of an employee's duties.
- The Department recognises the legitimate concerns staff may have in relation to the disclosure of their personal medical information. This right is respected throughout this chapter and it is understood that such information will be treated as 'Restricted Medical'. The position of any member of staff who does not wish to divulge such information to a line manager will be respected and no inference drawn from it.
- Staff have a responsibility to inform line management, as early as possible and no later than, by telephone, by 9.30 am (unless agreed otherwise with line manager) on the first working day on which they are unable to attend because of illness. Staff should contact the office themselves rather than asking someone else to do so on their behalf, unless the employee is so ill that this would be impracticable. Staff should advise their immediate line manager of the likely period of absence.
- Where an employee is unable to contact their line manager they should ensure that contact is made on their behalf. In the absence of the line manager or countersigning officer, Area Business Managers/National Pay and Benefits Centre/Payroll Team (CPS London), should be contacted.
- Staff have a responsibility to ensure that they keep in contact with line management if absent through sickness for more than 2 days. Staff who are on self certificated absence should contact their line manager on the first day of absence and:
- when a likely return to work date is known;
- after a weekend if a return to work is not possible;
- where a medical certificate has been issued for a further period of absence.
- Staff have a responsibility to report an absence due to illness as promptly as possible. Failure to do so may result in the absence being recorded as unauthorised, in which case pay may be suspended.
- Evidence of an employee's incapacity to report for duty must be provided to qualify for sick pay. Sick pay may be refused if a self-certificate or medical certificate is not provided.
- If an employee is absent for less than seven calendar days a self certificate must be completed. The certificate is a three part self carbonating form (Appendix 1). On the first day of absence line management must complete Section A of the form and forward page one to the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff).
- When the absent employee returns to duty the remaining sections of the self certificate must be completed by the line manager and the employee. The second page of the certificate should be forwarded to the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff) for pay and record purposes. The third copy of the certificate should be retained by the employee.
- If an employee does not return to work after seven consecutive days' absence, they must obtain a certificate from their medical practitioner and forward it via line management to the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff).
- In all cases of continuing absence, a doctor's certificate must be provided from the eighth calendar day of absence and received by line management by the 13th calendar day of absence at the latest. If a certificate has not been received without good cause by the 13th day, the absence will be treated as unauthorised and pay may be suspended.
- For part-time staff, a doctor's certificate must be produced from the eighth day of absence. For example, if an employee normally works Mondays, Tuesdays and Wednesdays, and is absent on Monday, Tuesday and Wednesday for three weeks, then a doctor's certificate will be required from the Tuesday of the third week of absence, ie their eighth day of absence.
- Where a period of sickness absence exceeds seven calendar days, an employee can either submit a medical certificate to cover the whole of the absence or submit a self certificate for the first seven calendar days, followed by a medical certificate to cover the remainder of the absence.
- A self certificate must only be used at the beginning of a period of sickness absence. If a doctor's certificate is submitted and subsequently expires and the employee does not immediately return to work, they must submit a further doctor's certificate to cover the remainder of the absence. Failure to do so may result in the absence being treated as unauthorised.
- In the case of a certificate which covers a period of more than a month ahead, Area Business Managers/National Pay & Benefits Business Centre, may wish to seek the advice of the Department's occupational health adviser (currently BMI Health Services Ltd (BMI)) on the prognosis for return to duty.
- A medical certificate in support of sickness absence should:
- state the nature of the illness;
- be given by a qualified and registered practitioner (a certificate by a qualified dentist may be accepted for a period of not more than three days); and
- be dated, signed and show the doctor's practising address.
- Staff who report for work, but because of illness attend for less than half a day (3 hours 36 minutes in London, 3 hours 42 minutes elsewhere), will be recorded as being absent for half a day. The self certificate form (Appendix 1) should be used as detailed in paragraphs 9-10. Staff who attend for half a day or more will be regarded as being in attendance for the full day for sickness absence purposes. The threshold for part-time staff will be half their conditioned hours on that day.
- Absences to attend an appointment with a doctor, dentist or hospital are covered in the special leave chapter (see Chapter 2), and are not recorded for the purposes of sickness absence. Staff have a responsibility to make such appointments so as to minimise their absence from the office, though it is accepted this may not always be practicable.
- When an employee returns to duty following a period of sickness absence, the line manager should speak to the employee to show not only that their absence has been noticed but that there is concern for their well being. This discussion is informal and will provide an opportunity for the employee to raise any concerns which may be recorded if the employee wishes. The employee retains the right not to discuss their personal medical details.
- A more formal approach will be necessary, however, where it is apparent that an employee's absences may trigger the inefficiency process. In such cases, line management will wish to discuss the level of absence and the reasons for the absences with the employee, and any emerging patterns or trends noted. Consideration should be given to any underlying cause for the absences or if referral to Counselling and Support Service (CSS) or BMI is appropriate.
- Where line managers or HR consider that absences have reached unacceptable levels, the employee should be advised and arrangements made for a further interview in accordance with the inefficiency procedures (Volume 2 Chapter 4).
- Line managers must remember that staff who are disabled or registered disabled are entitled to special consideration. In all cases of unsatisfactory attendance by a disabled employee, the HR Ability Advisor must be contacted prior to any action being taken, and all efforts taken to establish the reason behind the absence, and identify any adjustments that may be necessary to reduce future absenteeism.
- Area Business Managers/HR Business Centre for HQ staff, ultimately have responsibility for ensuring that action is taken at the appropriate stage.
- Service Centre HR/HR Business Centre, will be responsible for extracting details of levels of sickness absence from E-Payfact to assist Area Business Managers/Heads of HQ Directorates in the formulation of strategy and action plans for reducing unacceptable levels of sickness absence. A copy of this information will also be supplied to the Area/HQ Trade Union Side for their information.
- The suggested format for presenting this information is shown at Appendix 2.
- Medical information must always be treated in strictest confidence.
- Annual leave may not be taken as an alternative to sickness absence. If an employee falls ill during a period of annual leave, the period of sickness will be recorded as sickness absence and not as annual leave, provided the Department is notified promptly and a self certificate or a statement by a qualified medical practitioner (or dentist) is produced.
- Annual leave may follow a period of sickness absence. In the absence of any further certificates (self or doctor's/dentist's) the assumption would be that the employee is fit for duty.
- Annual leave will only accrue in the normal way during periods of sickness absence on full pay. During periods of sick leave without pay, annual leave will accrue at the statutory rate only.
- Paid sickness absence is not allowed to start during a period of unauthorised absence. In such circumstances, an employee may be entitled to claim Sickness Benefit from the Benefits Agency. However, if an employee decides to end their unauthorised absence and return to work (even though the industrial action continues) but is prevented by illness from doing so, the period of sickness absence will be recorded as sickness absence, not unauthorised absence, provided the Department is notified promptly and a self certificate or a statement by a qualified medical practitioner (or dentist) is produced.
- Staff who are absent because of sickness or injury are eligible for paid sickness absence. During such absences staff will receive their salary at full, half or pension rate, or no pay, as appropriate. The payment received is known as sick pay. Except in cases of injury, the payment is adjusted to take account of any benefit payable under the National Insurance and Social Security Acts. This is to ensure that staff do not receive pay from the CPS, and benefit from the Benefits Agency, totalling more than their normal salary. In cases involving injury or assault, however, no deduction can be made, either from sick pay or from ordinary pay on return to duty:
- for disablement benefit awarded under the Social Security Acts in respect of an injury sustained at work; or
- for an increase in disablement benefit or disability pension during approved hospital treatment.
- In order to qualify for sick pay an employee, irrespective of their terms of employment (except for agency staff), must produce evidence of incapacity for the whole of the period of absence.
- If there is a reasonable prospect of recovery and return to work, staff may be allowed full pay followed by half pay for periods of sickness absence, as follows:
- Full-time staff are entitled to sickness absence on full pay for not more than six months (182 days) followed by six months (183 days) on half pay, subject to an overriding maximum of 365 days in any rolling period of four years.
- It may be possible in certain cases of industrial injury, to receive payment for twelve months' sickness absence on full pay if there is more than one period of sickness absence and the absences are more than six months apart. In any event, paid sickness absence (at any rate of pay) should not exceed twelve months in any rolling four year period.
- Once full or half pay has ceased, it cannot be paid again during the same period of sickness absence.
- An extension to sickness absence (of up to 30 days on full pay including any SSP for which the individual may be eligible in a period of 12 months) may be granted by Area Business Managers/National Pay & Benefits Business Centre/Payroll team (CPS London staff) to an employee who has exhausted entitlement to full and half pay through absence due to a long illness or injury and then falls sick again after return to duty with an unrelated and minor illness.
- In order to calculate an employee's entitlement to sick pay, the one year and four year counts have to be established.
- The one year count should be taken as 365 days prior to the first date of the current period of sickness absence. The four year count should be taken as four years prior to the first date of the current period of sickness absence. When calculating the anniversaries, any periods of sickness absence at no pay or at pension rate will count, although periods of special leave without pay will not.
- If the total period of sickness absence in the four year rolling period is less than 365 days, the employee has not exhausted their sick pay entitlement. The number of days' absence on full pay, in the year prior to the first day of illness, must then be established.
- Paid/unpaid maternity and adoption leave, and disability leave, although recorded on the sickness absence history, do not count as sickness absence.
- Once the four year period has been established, all sickness absence, whether paid at full, half or pension rate, should be added together. If the total exceeds 365 days there is no further entitlement to paid sickness absence unless the employee is entitled to sick pay at pension rate (SPPR) (see paragraphs 76-81).
- If the total number of days on full pay is less than 182 days, then full paid sickness absence is allowed until the total reaches 182. Any further period of sickness absence would be at half pay taking into account the overall ceiling of 365 days in any four year period, unless the absences are six months apart in which case the employee may be entitled to a further six months' sickness absence at full pay.
- All part-time staff, irrespective of the hours worked, are entitled to paid sickness absence.
- Part-time staff who work each day of the working week are entitled to the same sick pay entitlements as full-time staff - ie 365 days based on part-time pay.
- Part-time staff who do not work each day of the working week are entitled to paid sickness absence within the limits explained below. This table is based on the average working week of five days.
- There are many different working patterns where the entitlement to paid sickness absence varies. The different entitlements are explained in Section 4, Chapter 1 of the LogicaCMG manual.
- Fixed Term appointees are allowed the equivalent amount of sick absence and pay, to that of permanent staff. The amount of sick absence and pay should be pro-rated in relation to the length of their contract.
- The same terms for contractual sick pay should be applied to Fixed Term appointees as that for permanent staff.
- If a Fixed Term Appointee is subsequently made permanent and there is no break in service, the fixed term appointment will count towards their entitlement to paid sickness absence when permanent.
- On reinstatement or re-employment, staff will be granted the same conditions as established staff. However, where the break in employment is:
- less than 6 months: any previous sickness absence will count towards the total amount of sickness absence allowable;
- more than 6 months: the appointment will be treated as new for sick absence purposes.
- Staff with reserved rights to an allowance, retain the allowance during periods of sickness absence at full or half rate according to whether full or half pay is drawn.
- In calculating any period of sickness absence, Saturdays, Sundays, public holidays and privilege days which occur at the beginning or end of a period of sickness absence should not be counted. Although such days may count towards a period of incapacity for work, PIW (see paragraphs 68-72) for SSP purposes. If a member of staff wishes such days to be regarded as sickness absence for SSP purposes they will also be counted towards the sickness absence period calculations as set out in paragraph 35.
- However, if such days fall in the middle of a period of sickness absence they must be included.
- report sick on Monday and return to work on the following Monday = 5 days' sickness absence;
- report sick on Wednesday and return to work the following Wednesday = 7 days' sickness absence.
- Sickness absence for part-time staff is calculated in working days. Saturdays, Sundays and other days not due to be worked which occur during a period of sickness absence do not count, nor do public holidays and privilege days if they fall on a day on which attendance was not otherwise due.
- When inputting absence on LogicaCMG or part-time staff, the whole period should be input, not just the days that the employee is due to work.
- It is line management's responsibility to ensure that all periods of sickness absence are accounted for. If necessary, action should be taken in accordance with the departmental Inefficiency Procedures set out in Volume 2 Chapter 4.
- The standard by which a disabled employee's attendance is measured must take account of their disability. Advice must be obtained from the HRAA and OHA as to the level of sick absence that may be expected as a result of an employee's disability.
- Once a period of sickness absence has continued for 20 calendar days, the Staff Counsellor should be notified by Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff). Line managers are also responsible for identifying and referring staff to the CSS where the nature of the illness or the duration of the absence gives cause for concern.
- In addition, Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff) should advise CSS of any case where an employee is absent suffering from anxiety, stress or depression. The Department's policy statement on stress is attached at Appendix 3.
- All sickness absences, including half day absences (see paragraph 18), must be recorded on LogicaCMG. All absences count for Sick Pay and Statutory Sick Pay (SSP) purposes (see paragraphs 65-75).
- Members of staff will automatically qualify for Statutory Sick Pay (SSP) provided they meet the qualifying conditions. If SSP is being paid, it replaces entitlement to sickness benefit. This means staff are not able to make a claim for sickness benefit from the DSS while they are entitled to SSP.
- In order to qualify for payment of SSP, the average earnings of the employee must exceed the Lower Earnings Limit (LEL). This means that if the employee earns less than a particular level, SSP is not payable because the employee is exempt from making national insurance contributions. The LEL for each financial year can be found in the LogicaCMG Manual.
- SSP is an entitlement and:
- is payable for a maximum of 28 weeks during any period of incapacity for work (PIW). An employee may qualify for a further 28 weeks SSP if the periods of sickness absence are more than eight weeks apart. If the absences are separated by eight weeks or less, the number of days of SSP are added together (linked) until the maximum entitlement has been exhausted;
- is only paid on weekdays (Monday to Friday). An entitlement of 28 weeks is therefore 140 working days (28x5);
- is payable for any period of sickness absence lasting four or more consecutive days (known as the period of incapacity for work - PIW);
- is not payable for the first three days of any period of sickness absence unless the periods are linked, in which case SSP is paid from the first day of the second absence;
- when added to sick pay, must not exceed full pay.
- Once the 28 week entitlement to SSP has been exhausted, an employee can apply to their local Social Security office for payment of Incapacity Benefit (IB).
- LogicaCMG will notify National Pay & Beneifts Centre/Payroll Team (CPS London Staff) of the date that SSP entitlement is exhausted. National Pay & Benefits Centre/Payroll Team (CPS London staff) will then issue prints to Area Business Managers, who should issue Form SSP1 (Appendix 4: forms can be obtained from the Benefits Agency) to the employee concerned. National Pay & Benefits Centre/Payroll Team will issue Form SSP1 direct to the employee.
- Period of Incapacity for Work (PIW): This is a period of sickness absence lasting four or more consecutive days.
- Linking: Any two or more PIWs which are separated by eight weeks or less are linked.
- Linked: The number of SSP days which are added together and therefore count towards the entitlement of 140 days. Where two or more PIWs link, SSP is paid immediately the second absence begins.
- Qualifying Days: The days for which SSP can be paid, ie from the fourth day of absence.
- Waiting Days: The first three days sickness absence for which SSP is not payable.
- Income tax and Employers Related National Insurance Contributions (ERNIC) deductions are made from SSP as are any contributions under the Principal Civil Service Pension Scheme (Civil Service Pension Scheme) for staff on full or half pay.
- Entries on pay statements will show:
- where SSP is being included as part of the basic salary;
- the period of SSP;
- the rate paid.
- Where there is an entitlement to SSP and departmental sick pay, SSP will be paid as follows:
- during full pay - as a notional element;
- during half pay and pension rate - as an actual additional amount to the half pay/pension rate payment (although reduced pay will be reduced further if that plus SSP totals more that normal pay);
- during no pay - on its own as an actual amount.
- If SSP entitlement has been exhausted, the employee can claim Incapacity Benefit the Benefits Agency. Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff) must issue Form SSP1 six weeks before SSP is due to end. At the same time, employees must be informed to advise Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff) if a claim for IB is successful and also the weekly amount. This is because the sum of departmental sick pay and IB must not exceed normal pay.
- The following staff do not qualify for SSP and should be advised by Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff) to claim sickness benefit where necessary. They are staff who, at the start of the PIW (or any linked PIW):
- are over age 65;
- are on one or more short term contracts totalling not more than 13 weeks (unless the contract(s) is/are extended beyond 13 weeks when liability for SSP begins) on the day the contract was extended;
- have average weekly earnings which are less than the lower weekly earnings limit for National Insurance Contributions. For SSP purposes average weekly earnings include any wage, bonus or other payment which is treated as earnings for ERNIC purposes;
- women who:
- are pregnant and fall sick within the period 4 weeks before the expected week of confinement, and before their maternity leave has begun
- are in receipt of statutory maternity pay (SMP)/maternity allowance
- are married and have elected to pay reduced rate National Insurance Contributions
- report sick during a stoppage of work caused by industrial action, unless they have not taken part in the industrial action;
- have already exhausted their entitlement to SSP in the PIW;
- are sick:
- while abroad outside the European Union or while in the Isle of Man or the Channel Isles, or
- while in legal custody, or
- within 57 calendar days of a previous claim to sickness benefit, incapacity pension, maternity allowance (or equivalent notional benefit) and, in certain circumstances, unemployment benefit;
- have a linked PIW which runs exceptionally for more than three years;
- have done no work under their contract of service.
- Staff who feel they have not received their correct SSP entitlement should ask Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff), through line management, for a written statement of:
- which days in the period of absence are regarded as days for which SSP is payable;
- how much SSP is regarded as the entitlement for each of these days; and
- why the Department considers that it is not liable to pay SSP for the other days in the period.
- If the employee does not agree with the decision on SSP entitlement, they can ask the adjudication officer at the local Benefits Agency for a formal written decision.
- Staff who exhaust their entitlement to sickness absence on full pay and half pay may be allowed pay during further periods of sickness absence at a rate known as pension rate. Payment at this rate:
- is not more than staff would receive if they were retired on ill health grounds when normal paid sickness absence was exhausted (or half pay if that is less);
- only applies to members of staff with at least 2 years' service under the Civil Service Pension Scheme;
- begins on the date immediately following exhaustion of sickness absence at full or half pay.
- To qualify for SPPR the employee must, in addition to having exhausted their entitlement to paid sickness absence:
- be on a continuous period of sickness absence;
- have no immediate prospect of a return to work within three months.
- All cases where full or half pay entitlement is exhausted, and where pension rate may be appropriate, must be referred to BMI for authority to pay. For further guidance please refer to Chapter 4.
- SPPR is not normally authorised for periods of sickness absence in excess of twelve months. In extreme circumstances, an extension may be sought from BMI.
- Periods of SPPR or no pay do not qualify for:
- pension purposes;
- paid service in determining a woman's entitlement to paid maternity leave;
- annual leave purposes.
- Where there is no prospect of an early return to work, Area Business Managers should contact the National Pay & Benefits Centre/Payroll Team (CPS London staff) three months before entitlement to sick pay is due to end. For Headquarters staff, Superannuation Unit, Pay Unit will monitor sickness absence.
- The CPS, as the parent department, is responsible for authorising or applying for authority to pay sick pay at pension rate to staff on loan. Where this occurs, the loan will be regarded as ending on the day before payment begins. Borrowing departments are responsible for ensuring that there is no delay in informing the CPS in such cases.
- Where line managers consider that a referral to BMI is appropriate, Area Business Managers/HR Directorate for HQ staff, should be consulted who in turn will arrange for the appropriate consent form to be obtained.
- Area Business Managers should always refer cases to BMI where:
- an employee with more than 2 years' reckonable service is unable to return to work when ordinary paid absence is exhausted; and
- when a member of staff has been on sickness absence at pension rate or without pay for 12 months, either continuously or in broken periods.
- The following cases should normally be referred to BMI for advice:
- cases of prolonged absence (ie 20 calendar days or more) caused by a particular ailment;
- cases of illness which entail risk to staff or their colleagues;
- notifiable diseases (please refer to Chapter 4 Appendix 1);
- problem drinking or suspected drug abuse causing unacceptable behaviour or performance (for further information on problem drinking at work, please refer to Chapter 11);
- sickness absence at pension rate or no pay (please refer to Chapter 4 paragraph 5 in this volume).
- Consideration should also be given to referring cases of high rates of absence (ie 14 calendar days or more in any 12 month period at age 44 or under or 21 calendar days or more in any 12 month period at age 45 or over or on 4 occasions regardless of the number of days and regardless of the employee's age, in any period of less than 6 months, and on 8 occasions in any period of less than 12 months) for repeated minor ailments.
- A list of notifiable and contagious diseases, together with guidance on the procedures to be taken, can be found in Chapter 4.
- Staff suffering from a notifiable infectious or contagious disease must:
- absent themselves from work and report, or arrange for someone to report, the circumstances to their line manager;
- arrange for a medical certificate to be provided;
- take proper precautions against the spread of infection; and
- consult their doctor if in any doubt.
- Before returning to work, staff must produce a medical certificate stating that they are not likely to be a source of infection to their colleagues.
- Staff who have been in contact with common childhood ailments, eg measles, are not required to absent themselves from work. If the employee has not contracted the ailment as a result of the recent contact, they should continue to work normally providing, of course, they are symptom free.
- Staff in contact with German Measles (Rubella) should report the fact to their line manager. If there has been contact at work with a member of staff in the first 5 months of pregnancy, it is recommended that the pregnant member of staff should consult their doctor and be temporarily moved to another part of the office if necessary.
- Staff who have been in contact with any other infectious disease should contact the local Medical Officer of Health through their own doctor. If they are advised to stay away from work they must send the Medical Officer's statement covering their absence to the Area Business Manager, via line management. If there is any doubt whether, or how long, absence is necessary, BMI should be contacted.
- Part-time working on medical grounds (PTMG) is available to members of staff who are returning to work following a long or severe illness. The aim is to ease the employee's return to their full conditioned hours.
- An employee may work reduced hours for a maximum of 12 weeks to ease them back into their normal working routine. Only under exceptional circumstances can PTMG be extended beyond 12 weeks. This would be for cases such as Myalgio Encephalitis (ME) where rehabilitation can be prolonged. Any proposed extension of PTMG beyond 12 weeks must be referred to BMI for advice.
- Authority to work PTMG can only be given by Area Business Managers/HR Directorate for HQ staff. Under no circumstances should a line manager agree to an employee's return to work on PTMG unless this approval has been given.
- Area Business Managers will consider the individual's normal working hours when deciding what hours would be reasonable during PTMG. Staff wishing to work PTMG would be expected to attend on each of their normal working days. However, in exceptional circumstances, Area Business Managers may give authority for an individual to work fewer days.
- Ideally, the hours worked should increase gradually throughout the period to build up to normal conditioned hours.
- If Area Business Managers approve a period of PTMG the following conditions apply:
- salary will be paid for the number of hours worked and the balance of conditioned hours will be paid at the appropriate sick pay rate;
- PTMG service will reckon for full-time service for:
- superannuation purposes provided that sick pay is at full or half pay. If sick pay is at pension rate or no pay the PTMG employment will only reckon proportionately to the hours actually worked for superannuation purposes;
- annual leave;
- the net hours worked each day are accrued and whole days as they occur will be recorded as sickness absence;
- statutory sick pay and sickness benefit are not payable during a period of PTMG;
- annual leave will not normally be granted during a period of PTMG as this arrangement is granted for recuperative purposes. If, however, in exceptional circumstances the granting of annual leave for a minimum period is unavoidable, pay will be made at the daily rate of pay (including sick pay) applicable immediately prior to the period of annual leave.
- Staff may apply to work PTMG if they wish to return to work after a period of sickness absence and have been advised by their doctor to work fewer conditioned hours.
- Applications should be made in writing to Area Business Managers and be accompanied by supporting medical evidence from the employee's GP or consultant.
- Applications should be made a minimum of 2 weeks in advance of the requested start date. The application must include the proposed hours of work and duration.
- To ensure that the correct rate of pay is authorised, line management should notify the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff) immediately an employee's hours of attendance increase.
- When it is known that an employee is returning to work on PTMG, the period of sickness absence preceding PTMG must be closed on LogicaCMG.
- Form PAY 413 (Appendix 5) should be completed by the Area Business Manager/Pay Unit on a weekly basis detailing the hours worked by the employee during that week. The form should be forwarded by the Area Business Manager to the appropriate pay contact in HQ Pay Unit. LogicaCMG will be responsible for calculating monthly salaries. Area Business Managers should check the monthly salaries to ensure that pay has been correctly calculated.
- Form PAY 413 should show:
- the date the employee commenced PTMG;
- the expected date of resumption of normal conditioned hours; and
- the week to which Form PAY 413 refers.
- When an employee on PTMG is absent because of sickness on a day they are meant to work, prompt action is required by Area Business Managers/line management for HQ staff to notify the relevant pay contact in HQ Pay Unit. For Area staff, the absence should be confirmed by sending a sick schedule (Form 252C, Appendix 6) attached to Form PAY 413 with the word "SICK" written in red in the appropriate day(s) box, together with the number of hours that would have been worked if the employee was not on sickness absence.
- If annual leave is granted during PTMG, the words "ANNUAL LEAVE" should be written in red in the appropriate day(s) box, together with the number of hours that would have been worked if the employee was not on annual leave.
- During a period of PTMG working, LogicaCMG will be responsible for:
- inputting the accrued sick hours;
- inputting the accrued sick hours in the appropriate pay periods;
- determining and adjusting the effect of the accrued sick days on the employee's sick absence within the rolling 4 year period;
- adjusting, where necessary, the total payment for each pay period to ensure that pay received is no less than the employee should have received whilst on sickness absence;
- supplying details of accrued sick days and updating the absence history.
- Sickness absence warning prints for staff are issued monthly by Logica CMG. The prints record individual sickness absence details for staff over the previous 12 month period. It is the responsibility of the National Pay & Benefits Centre/payroll Team (CP London staff) to forward the prints to Area Business Managers/Heads of Directorates.
- Each time an employee is absent, through sickness, line management should obtain from Area Business Manager, an up to date sickness absence history. Line managers are responsible for determining whether the level of absence is giving cause for concern and whether inefficiency action is appropriate. Sick absence prints must be treated in the strictest confidence.
- The prints also show the predicted half and no pay dates for those staff who are on long term sickness absence. Area Business Managers/National Pay & Business Centre/Payroll Team (CPS London staff) will write to the employee advising them of their half/no pay date.
- Employees who sustain an injury or contract a disease whilst at work may be eligible for benefit, subject to meeting the qualifying conditions set out in Section 11 of the Principal Civil Service Pension Scheme (Civil Service Pension Scheme). Benefits may be paid to any person to whom any of the following points apply:
- the injury sustained is directly attributable to the nature of the duty or arises from an activity reasonably incidental to the duty; or
- the injury is sustained as a result of an attack which is directly attributable to being employed by the Department; or
- a disease is contracted to which the employee is exposed by the nature of their duty; or
- an employee, having been recruited in the UK, is injured whilst in an area outside the UK for the purpose of their employment, by an injury which is directly attributable to the existence in or near that area, of a state of war, revolution, or serious and widespread internal disturbance, or is a direct result of deliberate acts of the local population or of sporadic political disturbances; or
- an employee, having been recruited in the UK, but as a result of having been employed outside the UK suffers an aggravation of a disease from which they are already suffering, being an aggravation to which they were exposed because of their duty outside the UK.
- An injury suffered in the course of a duty journey shall be treated as an injury in the course of official duty. A duty journey includes a journey:
- between the normal place of employment and the detached duty station, and between any two points of detached duty;
- between the usual place of residence and the detached duty station;
- between the temporary place of residence at the detached duty station and the place of employment at the detached duty station, for the first 30 days only of detached duty (after 30 days, the detached duty station is considered to be the normal place of work);
- between the place of residence and the place of employment, if required for official purposes and is additional to the journeys required for the individual's normal attendance of work.
- Any injury unrelated to the nature of a person's official duty and suffered during their main meal break, whether or not on official premises, is not treated as an injury in the course of official duty. Neither is any injury suffered in the course of a journey between the person's place of residence and their place of employment except as in the situation mentioned above.
- An accident book should be kept in each Branch and be easily accessible to all staff. Even relatively minor accidents should be recorded in the Area/Branch Accident Book, and an Accident Form (Appendix 7) completed and forwarded to the Area/Branch Safety Officer.
- Line management should notify Area Business Managers/Safety Officer for HQ staff, immediately an accident occurs on duty, irrespective of whether the injury results in an absence from work. If full details are not available, line managers should provide as much information as possible. It is the responsibility of Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff), Pay Unit to seek additional information later if required.
- There are three stages to an industrial injury which run parallel to each other:
- the Department of Social Security (DSS) can declare an accident as an industrial injury for benefit purposes;
- the Civil Service Pension Scheme also decides if the injury is to be classed as an industrial injury in a case where a loss of earnings is involved, eg paid sickness absence was taken or the entitlement has run out. An injury benefit is paid irrespective of who is liable;
- the CPS, whilst acknowledging that an accident has occurred, also considers the liability aspect, ie whether the Department has been negligent.
- If the employee thinks that the accident was as a result of negligence by the Department, they can pursue a claim against the Department known as a Personal Injury Claim (PIC). Area Business Managers/HODs for HQ staff, should forward all information relating to the accident/injury to HR Directorate, Policy and Strategic Resourcing Unit. For further details relating to Personal Injury Claims please refer to Volume 2 Chapter 7.
- If an employee wishes a period of sickness absence to be treated as an injury having occurred at work, they must complete an Accident Report Form (Appendix 7) and the relevant section of the Self Certification Form (Appendix 1).
- For the reporting system to be successful, all staff need to be aware of the importance of completing an accident report form and a self certificate stating that they wish the accident to be treated as an industrial injury. Difficulties may arise with a claim if both are not completed at the time of the accident.
- If, on receipt of the self certificated form (Appendix 1), the employee has stated that they wish the absence to be treated as an injury at work, Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff), should input the absence on the SICKI screen. The following documentation should also be received along with the sick absence form:
- a copy of the Accident Report Form (Appendix 7);
- copies of any medical certificates;
- confirmation from the line manager that as a result of investigations made, they are satisfied that the accident occurred on duty at the time, date and place as claimed by the employee;
- statements from any witnesses;
- a copy of DSS Form 76 if available.
- For Headquarters staff, employees should obtain an accident report form from the Facilities Management and Procurement Branch (FMP). The form should be completed and returned to FMP. A copy of the form should be sent to the National Pay & Benefits Business Centre along with the items listed at paragraph 121.
- If a member of staff is absent from work because of a disease contracted, or an injury sustained, in the course of their official duties, the sickness absence maxima of 6 months on full pay and 12 months overall may be extended by the period or periods of absence up to a maximum of a further 6 months, provided that there is a reasonable prospect of the employee's recovery and return to work. This applies to the initial period of absence and any subsequent absences relating to the accident.
- Where an employee has been absent for 90 consecutive days, the Cabinet Office may ask for medical evidence held by BMI. Therefore, Area Business Managers must ensure that all absences which exceed 90 days are referred in accordance with Chapter 4.
- National Pay & Benefits Centre/Payroll Team (CPS London staff) will submit the accident details to Paymaster within 5 working days of receipt. Paymaster will then determine in conjunction with the Cabinet Office whether or not the circumstances of the accident meet the qualifying conditions set out in Section 11 of the Civil Service Pension Scheme. Paymaster should make this decision within 4 working days of receipt.
- National Pay & Benefits Centre/Payroll Team (CPS London staff) will then inform the Area Business Manager of the decision in writing. Where the circumstances of the accident meet the qualifying conditions, an extension of the sickness absence may be authorised. Pay Unit will advise the Area Business Manager of the period of extension.
- Area Business Managers should notify LogicaCMG of any approved extension using Absence History Form 291A (Appendix 8) under illness prefix 9. Any periods of absence held on computer with illness prefix 9 will automatically be discounted from the 1 and 4 year count of sickness absence, but retained for SSP linking and assessment purposes. It will still form part of the 1 year and 4 year sickness absence history and therefore will still show on screen.
- Occasionally, industrial injuries may result in an employee:
- being downgraded or moved to a lower paid job within CPS;
- being retired on ill health grounds.
- In such circumstances, Area Business Managers/Corporate HR Services for HQ staff, should inform National Pay & Benefits Centre/Payroll Team (CPS London staff) who in turn will request the necessary information from the Area Business Manager/line management and refer the matter to the Civil Service Pension Scheme within 30 working days. The Civil Service Pension Scheme should provide a calculation of the award within 20 working days.
- National Pay & Benefits Centre/Payroll Team (CPS London staff) will inform the employee within 2 working days of the amount of the award, the method of payment and the requirement to notify all changes in circumstances which may affect payment of the award - eg a deterioration in the employee's condition, or a change in the class of benefit payable under the Social Security Acts.
- Civil Service Pension Scheme injury awards are not a form of compensation for pain suffered but are paid to compensate for loss of earning capacity or loss of dependency.
- Although an employee may qualify for an award under the Civil Service Pension Scheme Injury Benefit Scheme and at the same time make a claim against the Department, they cannot benefit from awards paid under both. Therefore, in cases where the CPS accepts liability, and an award is subsequently paid, any payments received under the Civil Service Pension Scheme Injury Benefit Scheme must be repaid. It is therefore essential that all sections are kept informed of any progress made.
- When an accident does occur at work, Area Business Managers/National Pay & Benefits Centre/Payroll Team (CPS London staff) should advise the employee to tell their local Benefits Agency that they wish to make an accident declaration. Area Business Managers/National Pay & Benefits Centre/Payroll Team(CPS London staff) should supply the Benefits Agency with details of the accident and the injury sustained. Any reply from the Benefits Agency should be forwarded by the employee to the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff) who in turn will:
- note the employee's personal records;
- advise the employee to claim sickness benefit if there is no entitlement to SSP.
- An employee who is in receipt of full sick pay and is making a claim against a third party, or is alleging that a breach of duty on the part of the Crown caused the accident, must not include in their claim any amount for loss of earnings.
- However, where the employee is receiving less than full pay, they might be allowed to claim damages for a sum that would bring their salary up to full pay. Likewise, an employee may be allowed to claim damages for any gross salary that would have exceeded full sick pay had they not been absent because of injury.
- If a claim is made against the Crown and settlement reached, sickness absence (including SPPR) does not count towards the total sickness absence taken during the 4 year rolling period if the Crown admits or a court finds there was no contributory negligence on the part of the injured person. However, if the injured admits, or a court finds contributory negligence on their part, the period of sickness absence will reckon towards the total taken in the 4 year rolling period.
- If full negligence on the part of the Crown is not determined and only a proportion of the claim is therefore received, the proportion of sickness absence taken will not count towards the total sickness absence taken in the rolling 4 year period.
- If the claim is settled by a lump sum without admission of liability or without agreement on whether there was any contributory negligence on the part of the injured person, the period of sickness absence (including SPPR) to be excused from the reckoning towards the allowance will be determined by the Human Resources Director.
- An employee who is absent from work as a result of an injury sustained in an accident on or off duty in the UK, is allowed paid sickness absence. If, however, a successful claim is made against a third party, the employee must sign an undertaking (at the time of making the claim) to repay any monies received from the third party's insurers.
- If an injury is sustained as a result of an accident involving a third party, the officer should inform the ABM/National Pay & Benefits Centre/Payroll Team (CPS London staff), via line management, as soon as possible. The ABM/line management for HQ staff, should ask the employee for a brief report of the circumstances surrounding the accident/injury and ask the officer to sign a Form of Undertaking to repay any loss of earnings in the event that the claim is successful (Appendix 9). The report/signed undertaking should be returned promptly to the ABM/National Pay & Benefits Centre/Payroll Team (CPS London staff).
- If the employee intends to take legal action against a third party, they should include in their report to the ABM/line management for HQ staff, the name and address of their solicitor, and give permission for the ABM to approach their solicitor for information if necessary.
- It is for the employee to decide whether they wish to claim damages against the third party but if they decide to do so, they should include in their claim a specific amount for any loss of earnings.
- Note: earnings (irrespective of the amount advanced by the CPS) means gross salary that would have been paid had that person not been absent as a result of an injury, less any SSP, plus overtime that would have been payable, less:
- anticipated income tax on the total amount;
- half the amount of Social Security benefits paid during the period of absence resulting from an injury within a period of 5 years from the date of the accident.
- Employees are required to refund from any damages received:
- any paid sickness absence, regardless of whether or not reduced pay is received, less an amount proportionate to any contributory negligence or fault on their part, or
- any paid sickness absence, regardless of whether or not reduced pay is received, if no specific amount is identifiable as loss of earnings, if the total claim is successful, or an amount that is fair and reasonable in the opinion of the Human Resources Director.
- When a refund of the paid sickness absence is made, the period of absence relating to the injury is coded on your sickness absence report such that it will not then be included in the one and four year counts. If a claim is not made, or is unsuccessful, the period of absence relating to the injury will count towards the one and four year counts.
- The ABM/National Pay & Benefits Centre/Payroll Team (CPS London staff) must be notified when an employee returns to work following a period of absence as a result of an injury by completing Section C of the self certificate form (Appendix 1).
- As soon as a claim is settled, the employee should notify the ABM/National Pay & Benefit Centre/Payroll Team (CPS London staff) of the outcome of their claim, and repay any amount notified by the ABM/National Pay & Benefits Centre/Payroll Team (CPS London staff).
- If the employee does not claim any damages from the third party or, if their claim is wholly unsuccessful, they will not be required to repay any paid sickness absence, regardless of whether or not pay is reduced.
- In every case, the claim for damages must be disposed of before the period of sickness absence can be excluded from the 4 year count. Therefore, if a claim for damages is made,the employee should, in their own interests, inform the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff).The case will be kept under review and the officer should advise the Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff) immediately it is known that a settlement has been reached. The Area Business Manager/National Pay & Benefits Centre/Payroll Team (CPS London staff) will then determine the number of days' sickness absence, if any, which may be excluded from the 4 year count.
- If an employee is injured as a result of an assault on duty or, if the assault itself had a clear connection with that duty, the period of sickness absence directly resulting from the injuries received is paid at full rate (less any benefits paid by the Benefits Agency), irrespective of the sick pay position under sickness absence rules. The absence does not count towards the total sickness absence during any 4 year rolling period.
- Full pay is the normal average earnings lost as a result of the assault, plus any regular overtime payments, allowances, etc. Additions to sick pay are calculated on average earnings over the immediately preceding calendar quarter.
- If there is any doubt whether the absence is directly attributable to the injuries resulting from an assault, Area Business Managers, should seek the advice of BMI.
- If it is likely that damages can be recovered from the assailant, action for recovery should be taken. If the employee does make a claim for damages they will be asked to sign a form of undertaking to repay earnings paid during sickness absence.
- Where a claim for damages is not being made full pay, less any Social Security Sickness benefit, Incapacity Benefit or Severe Disablement allowances, plus additions for any overtime, must be paid to an employee if they are absent as a result of being assaulted in the course of, or in connection with, their duty. These allowances should be calculated on average hours worked over the immediately preceding calendar quarter.
- If a claim for damages is to be made, an advance of salary (equivalent to the sick pay that would have been paid) should be paid.
- In the event of an injury occurring outside the UK, advice should be sought from HR Directorate, HR Policy and Strategic Resourcing Unit.
- Please refer to Chapter 5.
Introduction
Principles
Procedure
Notification of sickness absence
Where a doctor's certificate has been issued, staff should contact line management on the first day of absence, the day the certificate is issued, and at agreed periods thereafter.
Absence certification
Return to work
Management of sickness absence
Confidentiality of medical evidence
Annual leave and sickness absence
Sickness absence and industrial action
Paid sickness absence
Full-time staff
The one and four year counts
Part-time staff
| A part-timer attending on | 1 day | 2 days | 3 days | 4 days |
| is entitled to full pay up to | 26 days | 52 days | 78 days | 104 days |
| subject to a maximum of | 52 days | 104 days | 156 days | 208 days |
Fixed term appointments
Reinstatement and re-employment
Allowances
Calculation of sickness absence period
For example:
Part-time staff
Monitoring of sickness absence
Disabled staff
Counselling and support service
Recording sickness absence
Statutory Sick Pay
Key terms
Non entitlement to SSP
SSP entitlement - disputed decision
Sick pay at pension rate (SPPR)
Staff on loan
Sickness absence and other cases referred to BMI Health Services Ltd
Infectious and other contagious diseases
Staff in contact with an infectious or contagious disease
Part-time attendance on medical grounds
Hours of work during PTMG
Conditions of employment
Applications
Increase in hours during PTMG
Recording attendance on PTMG
Completion of form Pay 413
The net working hours should be shown in hours and minutes,
| eg | 3 hours = 3 |
| 3 hours 25 minutes = 3.25. |
Sickness absence warning prints
Absences arising from injury and assault
The Area Business Manager will also inform National pay & Benefits Centre/Payroll Team (CPS London staff) of the outcome of the application to the Benefits Agency.
Injury involving the Crown and/or a third party employed by the Crown
Example:
Proportion of contributory negligence of the Crown = 25%
Total amount of sick pay received as a result of the injury = 800
The period of sickness absence to be excluded from the 4 year count is the period running from the date on which the paid absence resulting from the injury began, up to the date on which 200 (25% of 800) of the sick pay is exhausted.
Note: The extent to which sickness absence is excluded from counting towards the total taken in the 4 year rolling period is calculated by the Area Business Manager (ABM)/National Pay & Benefits Centre/Payroll Team (CPS London staff).
Injury involving a non employee
Return to work following injury
Settlement of claim
Injury resulting from an assault
Injury occurring outside the United Kingdom
Sickness absence during or following pregnancy
Back to Staff absence and welfare, including annual, special and sickness leave index
