1. Table of contents

Sickness and Industrial Injury allowance

Notification of Absence - Sickness or Industrial Injury

If you are absent because you are unfit for work you must tell your manager, in line with the Managing Sickness Absence Policy, unless there are exceptional circumstances which mean you are unable to do so. In exceptional circumstances, you can ask someone else to contact your manager on your behalf. You should ensure that you are familiar with the Council's Calling in Sick Procedures

Payment and Period of Entitlement

Craft and /SJC employees are entitled to sick pay based on National Conditions of Service. Your entitlement depends on your length of continuous service as follows:

Service at start of absence Full pay for Half pay for
Less than 26 weeks Nil Nil
26 weeks or more but less than 1 year 5 weeks 5 weeks
1 year but less than 2 years 9 weeks 9 weeks
2 years but less than 3 years 18 weeks 18 weeks
3 years but less than 5 years 22 weeks 22 weeks
5 years or over 26 weeks 26 weeks

These allowances are complementary to statutory sick pay which you may receive. They are subject to a range of conditions, many of which are additional to those applying to statutory payments.

In exceptional circumstances Chief Officers have discretion, in consultation with the Head of People, Technology & Transformation, to extend the period of full allowance or half allowance shown above.

If you receive sick pay, the total of any periods of sick pay paid in the last 12 months will be deducted from your entitlement and your balance of sick pay will reduce accordingly. This will be deducted from your full pay entitlement first and then from your half pay as relevant.

Periods of unpaid leave will not be included in the calculation.

If you are sick during annual leave or on a public holiday you will be regarded as being on sick leave from the date of a doctor's statement. You can only claim back annual leave where it is covered by or linked to a period covered by a doctor's medical certificate. You will not receive any public holidays back.

Teaching employees absent due to sickness or injury will receive, in any one period of 12 months, sickness allowance as set out in the table below:

Service at start of absence Full pay for Half pay for
Less than 18 weeks Nil Nil
18 weeks or more but less than 1 year 1 month 1 month
1 year but less than 2 years 2 months 2 months
2 years but less than 3 years 4 months 4 months
3 years but less than 5 years 5 months 5 months
5 years or over 6 months 6 months

Calculation of allowance

Full sick pay will be an amount which when added to Statutory Sick Pay and other government issued payments (benefits) will equal normal pay*.

Half sick pay will be an amount equal to half normal earnings plus an amount equivalent to Statutory Sick Pay and other benefits, so long as the total sum does not exceed normal pay*.

* Normal pay includes all earnings that would be paid during a period of normal working but excluding any payments not made on a regular basis.

If you are paid any damages as the result of an accident you will be required to re-pay any sickness allowance, either in total or in part based on the amount of damages received. Where a refund is made in full your absence will not be treated as sickness absence.

The benefits that you are entitled to are taken into account for the purpose of calculating sick pay on the basis that you have as far as is possible:

  • Followed notification/reporting procedures
  • Claimed relevant benefits
  • Declared any entitlements to benefits and any subsequent changes in circumstances affecting entitlements

If you are over 65 years of age, the full allowance will be an amount which when added to any additional payment (including dependant's allowances), by way of National Insurance benefit or State pension, which you receive due to sickness absence, will equal normal pay.

Exclusion from Entitlement

You will not be entitled to sickness allowance/industrial injury allowance if you:

  • have less than 26 weeks continuous service
  • go off sick during a stoppage of work at the place of employment due to participating in a trade dispute
  • exhaust sickness allowance entitlement as detailed above
  • are absent on maternity leave
  • terminate or have your contract of employment terminated

There is also no entitlement to sickness allowance/industrial injury allowance if you abuse the system or are absent due to:

  • being in legal custody
  • failing to follow notification and certification procedures
  • sickness due or attributable to deliberate conduct prejudicial to recovery
  • your own misconduct or neglect
  • active participation in professional sport
  • injury while working in your own time either privately or for another employer

In the above situation, you will be advised of the reason for the suspension/exclusion from entitlement and given the right of appeal. If the Council decides that the grounds were justified then you will forfeit the right to any further payment in respect of that period of absence.

Where the issue concerns abuse of the Managing Sickness Absence Policy, then the issue will be investigated in line with the Council's disciplinary procedures.

Sickness absence due to Industrial Injury/Disease

If you are absent due to sickness or disablement as a result of an accident or incident arising out of and in the course of employment, which has been investigated and accepted as industrial injury, an Accident/Incident Report (HR14) must be completed as appropriate, by you and your manager. You will be entitled to payment of Industrial Injury Allowance. This is separate from Occupational Sickness Allowance and does not count against that entitlement. Details of the accident must be entered on the sickness absence self certificate form.

Where an absence is as a result of a disease caused by work, or by any reportable disease, as defined by the HSE, your manager must ensure an HR14 form is completed. Further information and guidance is available from the Health, Safety and Care Team and the Infectious Disease Policy.

If you do not notify that your absence is a result of an accident or incident at work, this will result in non-payment of Industrial Injury Allowance, and could jeopardise any future claim for Industrial Injury Benefit.


Working on a general or public holiday

A day worker required to work on a general or public holiday as part of the working week, or a night worker required to work between 8pm and 7am on the following day as part of the working week will in addition to normal pay for that shift will be paid:

Either

Pay Time Off in Lieu
Single Time for time worked during normal working hours When the time worked is less than 4 hours – half day off.
When the time worked is 4 hours or more – full day off
Where required to attend on more than one occasion - a whole day/night shift off irrespective of hours worked.

Or

Pay Time Off in Lieu
Double Time for time worked during normal working hours No entitlement

If you work overtime on a public holiday, you will be paid at double time plus time. You should claim for this as double time.


Overtime rates (Craft/SJC)

Work in excess of the normal hours of duty should be discouraged and in particular, officers should not be required to consistently work overtime.

Time worked in addition to the normal working hours for each week (37 hours), shall count as overtime. In the case of part time employees, only hours worked in excess of 37 hours for each job will be reckoned and paid as overtime.

Where, overtime is found to be unavoidable and prior approval by an appropriate manager has been given, payment shall be calculated on the following basis.

  • The hourly rate for overtime purposes will be calculated by dividing the annual salary by 1924 (52 weeks of 37 hours).
  • Extra time of less than half an hour on any day shall not rank for overtime. Overtime shall be paid on a monthly basis and only complete half hours paid for.
  • Overtime, irrespective of the day/time worked, shall be paid at time and a half for all hours worked.
  • No other premium/allowance will be paid.
  • If you are Grade I or above, you will not be eligible for either payment of overtime or compensatory leave. In exceptional circumstances, Chief Officers may authorise such overtime or authorise a payment in lieu of time worked.
  • In all cases, how overtime worked will be reimbursed (either paid or taken as time off in lieu) will be agreed in advance prior to the additional hours being worked.
  • There may be occasions where employees have a requirement to work overtime in their written contract of employment i.e. contractual overtime. Where your contract includes such a requirement, the terms will be clearly stated and you will be required to be available for the times specified.
  • As an alternative to overtime payments, and where you are eligible for overtime, time off in lieu may be granted. Any time off must be agreed and approved by an appropriate manager. Chief Officers have the discretion to apply this to employees graded I and above.

Car allowance

Falkirk Council needs some employees to travel between locations to undertake their duties or attend business meetings.

Employees who need to travel between locations should actively consider alternative and more efficient ways of carrying out Council business. The Travel Hierarchy in the Council's Driving at Work Policy provides options for this, for example:

  • use a telephone or conference calling facilities
  • use video conferencing
  • walk or cycle to the meeting
  • meet at a central location to minimise travel
  • use of public transport
  • car sharing
  • use of a pool car – electric or petrol

Where a face to face meeting is required, then a pool car must be used in the first instance, unless it impractical or inefficient to do so.

If a situation arises when a pool vehicle is not available, employees can drive their own car (if they are willing) and be reimbursed at the HMRC rate, currently 45p per mile.This can be claimed on Myview (for those using MyView to claim expenses) or on a paper mileage form. All claims must be authorised by your line manager. More details can be found in the Travel and Subsistence Policy.

If you have an electric car, you do not need to submit a receipt.


Excess travel

You will be reimbursed the additional cost arising from a compulsory change in your place of work. This is based on claiming additional mileage or additional public transport costs.

The allowance is payable for 3 years on either

  • Public transport costs for non car users; or

  • Mileage allowance currently set at 20p per mile in respect of the additional mileage actually involved in the change of work location (subject to a minimum claim of 4 miles per day round trip). In cases where no public transport is available the car user rate can be used.

If you successfully apply for a post you will not be eligible to receive excess travel allowance.

If you change your home address during the 3 year period, you must notify Payroll so that the allowance can be recalculated.

If you are transferred on a temporary basis from one work location to another, you will be paid the excess travel costs, if applicable, for the period of work at the temporary location.

Secondary Transfers

If you are transferred again during the 3 year allowance period, you will be entitled to claim excess travel expenses for the 3 years from the date of the 2nd transfer. This will be based on the difference between the cost of travelling from home to your new place of work and return and from home to your original place of work.

Deduction for Absence

The calculation of the allowance takes account of absence due to public holidays and annual leave. If you are absent on sickness or special leave, payment of the allowance will be suspended after the first two weeks of the absence.

Services may choose to buy an annual ticket, e.g. bus ticket on behalf of the employee, where this is considered more economical.

Completed claim forms should be sent to hrhelpdesk@falkirk.gov.uk

Temporary employees can only receive this allowance during the duration of the current temporary contract. An additional claim must be made for any extended contract.


Night working allowance (Craft/SJC)

A night working allowance of time and a third is payable to night workers for all hours wholly worked between 8pm and 7am. A night worker is an employee whose normal working week comprises periods of duty wholly worked between 8pm and 7am.

Work over 37 hours and outside the normal working week shall be regarded as overtime, and paid at time and a half for all hours worked.


Out of Hours allowance (Craft/SJC)

An employee (not qualifying for the night shift rate) required to work hours between 8pm and 7am the following day shall be paid a supplement of one-fifth of the hourly rate (based on a 37 hour week) for all hours worked during that period.

Claims should be made on a monthly basis.


Standby/callout

Entitlement to Standby, Disturbance and Call-Out Payment

The nature of the appointment of certain employees makes it necessary for them to be prepared to carry out standby duties. Such employees will therefore be contractually required to undertake standby duty if requested by the Council and to carry out emergency work as and when the need arises.

Standby duties relate to a specific rostered arrangement whereby employees are under an obligation outside their normal working hours (including Saturdays, Sundays and Public Holidays) to remain on call and to be available to be consulted and if necessary to be called out for emergency duty.

The Conditions of Service relating to Standby within the Council were unchanged with the implementation of Single Status and, as such, there remain differences in terms of how standby rates are payable to SJC and Craft employees as detailed below.

SJC Employees

Employees whose posts are grade H and below and who are required to undertake standby duty, where this requirement is not already reflected in the grade of the post, will be entitled to payment as detailed below:

Payment for Standby

Current payments for standby working are detailed below. These are normally reviewed on an annual basis by the SJC.

(a) An employee performing standby duty will be paid as follows:

Standby payments 2019
Standby payments 2020

(b) Each 24 hour period of standby duty is to start at the beginning of the working day (or at the same hour on non-working days).

Disturbance and Call Out Payments

Employees undertaking standby duty, who are contacted or called out in accordance with the agreed arrangements, will be paid on the following basis.

  • For each occasion that the employee is contacted and which results in the exercise of skills for which the standby duty is required, either at the employee's home or elsewhere, a payment of £20.58 will be paid. An employee can only claim one payment within each period of two hours, beginning with the start of a notional standby session.
  • Where an employee becomes entitled to such a payment and, where that or subsequent disturbance or call out is in excess of one hour, the employee will be entitled to further payment for the whole of the disturbance or call out in excess of one hour at the appropriate overtime rates.

Payments for employees not on Standby

Employees not undertaking standby duty (whose posts are not graded above grade H) but who are contacted or called out will be paid on the following basis.

  • For each occasion on which the employee is contacted and which results in the exercise of skills for which the standby duty is required, either at the employee's home or elsewhere, a payment of £20.58 from 01 April 2020; an employee will, however, only be entitled to one such payment within each period of two hours, commencing with the start of a notional standby session.
  • Where an employee becomes entitled to such a payment and, where that or subsequent disturbance or call out is in excess of one hour, the employee will be entitled to further payment for the whole of the disturbance or call out in excess of one hour at the appropriate overtime rates.

Craft Standby and Call Out

The standby and call out provisions of the SJNC National Agreement [Clause16 (f) and (k); Clause 17(k) and Clause 18(k)] shall apply but at the applicable Council overtime rates.

Craft employees who are on standby are not entitled to also claim a call out allowance. They can however claim overtime subject to the rules below.

Where an employee becomes entitled to a payment for call out, this is subject to a minimum 2 hour guarantee payment. Where the call out or subsequent disturbance/call out is in excess of the minimum 2 hour period, the employee will be entitled to a further payment. This payment will be the additional hours worked in excess of the 2 hour minimum period at the rates noted below.

Rate £
Weekly Rate 84.78
Public Holiday Rate 15.92
Broken Periods:
Monday – Friday 8.44
Saturday 17.98
Sunday 24.49

Craft Tool allowance

Tool allowance is paid in line with National Conditions as shown below and paid to Apprentices who are put to the expense of maintaining tools:

Revised rate from 01/07/2005 weekly

Trade Allowance
Joiner £2.51
Plasterer £1.30
Bricklayer £1.30
Slater £1.30

Cycle allowance

Where a personal cycle is used for Council business, a mileage rate of 20p per mile can be claimed on MyView (for those using MyView to claim expenses) or on a paper mileage form. All claims must be authorised by a line manager.