Sickness and Industrial Injury allowance

Notification of Absence - Sickness or Industrial Injury

Where an employee is absent due to sickness, he or she must notify the Authority, in accordance with the agreed Managing Sickness Absence Policy unless there are exceptional circumstances which prevent such compliance. In exceptional circumstances, it is expected that someone acting on the employee's behalf will notify the Council.

Payment and Period of Entitlement

A Craft/SJC employee's entitlement to sickness allowance is paid in accordance with Craft & SJC National Conditions of Service and will depend on length of continuous service as follows:

Service at commencement of absence from duty Full allowance for Half allowance 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

The above allowances are complementary to the statute based payments which an employee may receive and are subject to a range of conditions, many of which are additional to those applying to the statute based payments.

In exceptional circumstances there shall be discretion for a Service Director, in consultation with the Head of Human Resources & Business Transformation, to extend the period of full allowance or half allowance provided for in this paragraph.

The period during which sick pay will be paid, and the rate of sick pay, in respect of any period of absence will be calculated by deducting from the employee's entitlement on the first day the total periods of paid sickness absence in the previous 12 months. Periods of unpaid leave will not be included in the calculation.

The aggregate of such previous periods of sickness absence shall be deducted in the first instance from the full allowance period and the balance from the half allowance period to which the employee is entitled in respect of latest absence.

An employee who falls sick during the course of annual leave or on a public holiday will be regarded as being on sick leave from the date of a doctor's statement. Annual leave will only be reinstated where it is covered by or linked to a period covered by a doctor's medical certificate. No public holidays will be reinstated.

Those exercising their right to be excepted from the full rate National Insurance contributions shall be deemed to be insured in their own right for all National Insurance benefits.

A teaching employee absent from duty 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 commencement of absence from duty Full salary for Half salary 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 Incapacity Benefit receivable 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 Incapacity benefit receivable, 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.

An employee who is paid any damages as the result of an accident will be required to re-pay any sickness allowance, either in total or the proportion thereof represented in the amount of damages received. Where a refund is made in full the period will not be treated as sickness absence.

The social security benefits to be taken into account for the purpose of calculating sick pay are those to which they are entitled on the basis that the employee has satisfied so far as is possible.

  • Notification/reporting procedures have been followed.
  • The claming of benefits.
  • Employee has declared any entitlements to benefits and any subsequent changes in circumstances affecting entitlements.

In the case of employees over 65 years of age, the full allowance shall be a sum which when added to any additional payment (including dependant's allowances), by way of National Insurance benefit or State pension, which the employee receives in consequence of being absent from duty through sickness, shall secure to the employee a sum equal to normal pay.

Exclusion from Entitlement

There is no entitlement to sickness allowance/industrial injury allowance if an employee:

  • has less than 26 weeks continuous service
  • goes sick during a stoppage of work at the place of employment due to participating in a trade dispute
  • exhausts sickness allowance entitlement as detailed above
  • is absent on maternity leave
  • terminates or has their contract of employment terminated

There is also no entitlement to sickness allowance/industrial injury allowance if an employee abuses the system or is absent on account of:

  • being in legal custody
  • failing to follow notification and certification procedures
  • sickness due or attributable to deliberate conduct prejudicial to recovery
  • the employees own misconduct or neglect
  • active participation in professional sport
  • injury while working in the employees own time on their own account for private gain or for another employer

In the above situation, the employee 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 the employee will forfeit the right to any further payment in respect of that period of absence.

Where the issue concerns abuse of the scheme, then the issue will be investigated in line with the Council's Disciplinary procedures.

Sickness absence due to Industrial Injury/Disease

Where an employee is 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 Form (HR14) must be completed as appropriate, by the employee and the manager. The employee 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, the 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. Failure to notify that an absence results from an accident or incident at work will result in non-payment of Industrial Injury Allowance, and could jeopardise future claims 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 8:00pm and 7:00am on the following day as part of the working week shall in addition to normal pay for that shift will be paid:

Either

At plain time rate for the time actually worked within normal working hours and shall be allowed time off with pay in lieu at a later date on the following basis.

  • When the time worked is less than 4 hours – half day off.
  • When the time worked is 4 hours or more – full day off.

An employee required to work on a general or public holiday involving more than one attendance shall be allowed a whole day/night shift off with pay at a later date, irrespective of hours worked.

Or

At double time rate for the time actually worked within the normal working hours, with no time off at a subsequence date in lieu of the general or public holiday.

Overtime worked on a public holiday will be paid at double time plus time in complete recompense.


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.

Employees, who are protected on 35 hours per week and who are required to work paid overtime, will be eligible for overtime payments after 35 hours.

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.
  • Employees on Grade I or above will not be eligible for either payment of overtime or compensatory leave. In exceptional circumstances, Heads of Service may authorise such overtime or authorise a payment in lieu of time worked.
  • In all cases, the method of remuneration, will be agreed in advance prior to the additional hours being worked.
  • Contractual overtime, will on occasion, be required. Where such a requirement exists, the terms will be clearly stated and the employee concerned will be required to be available for the times specified.
  • As an alternative to overtime payments, and where the employee is eligible for overtime, time off in lieu may be granted. Any time off under this clause, must be agreed and approved by an appropriate manager. Directors or Heads of Service have the discretion to apply this to employees graded I and above.

Car allowance

Where a personal car is used for Council business, a mileage rate of 45p per mile can be claimed.

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 a line manager.


Excess travel

Employees will be reimbursed the additional cost arising from a compulsory change in their place of work, establishment. Reimbursement is based on claiming additional mileage or additional public transport costs.

The allowance will be paid for a period of 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 there is no public transport is available the car user rate can be used.
  • Employees who apply for a post and, are successful in obtaining the post, will not be eligible to receive the excess travel allowance.
  • Employees who change their home address during the 3 year period, must notify the payroll section in order that the allowance can be recalculated.
  • Employees who are transferred on a temporary basis from one work location to another, will be paid the excess travel costs, if applicable, for the period of work at the temporary location.
  • Secondary Transfers - Employees who are transferred again during the 3 year allowance period, 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 the new place of work and return and from home to the original place of work.
  • Deduction for Absence - The calculation of the allowance takes account of absence due to public holidays and annual leave. If however an employee is 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 purchase on behalf of the employee an annual ticket, e.g. bus ticket, where this is considered more economical.
  • Completed claim forms should be forwarded to Human Resources for approval and then to Payroll Services.
  • Temporary employees can only receive this allowance during the duration of the current temporary contract. An additional claim will require to be made for any extended contract.
  • Employees currently in receipt of an excess travel allowance will continue to be paid the allowance at 15p per mile for the eligible period (max of 4 years).

Nightworking allowance (Craft/SJC)

A night working allowance of time and a third is payable to night workers for all hours wholly worked between 8:00pm and 7:00am. A night worker is an employee whose normal working week comprises periods of duty wholly worked between 8:00pm and 7:00am.

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 8:00pm and 7:00am the following day shall be paid a supplement of one-fifth of the hourly rate (based on a 37 hour calculator) for all hours worked during that period.

Claims should be forwarded to payroll 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 so requested by the authority 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 not graded I or above 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 in accordance with the undernoted.

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 2018
Standby payments 2019

(b) Each 24 hour period of standby duty is to commence 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 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 £14.52 from 01 April 2019; an employee will, however, only be entitled to one such payment within each period of 2 hours, commencing with the start of the standby session.
  • Where an employee becomes entitled to such a payment and, where that or a subsequent disturbance or call out is in excess of one hour, the employee will be entitled to further payment for the whole of 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 £19.98 from 01 April 2019; 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 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 w.e.f. 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 from 01 September 2018.

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 a line manager.