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Sickness Absence and Pay query

Sharon

| 0 Posts

2 Sep, 2019 19:15

An employee has been on LTS, zero pay.  OH report confirms that they are fit to return with reasonable adjustments/phased return/reduced hours etc. 

OH report arrived during the  last week of  of term so no time for employee to return to work until 2nd September.  Employee resigns with immediate effect on 2nd September with no intention of returning to work.

Are there any pay implications attached to this situation.  Concerned that the employee was unable to rtw during the holidays due to school closure but we were advised by OH that they were actually fit to return.  Thoughts please.  

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  • David

    | 0 Posts

    2 Sep, 2019 21:21

    Hi Sharon

    Assume this involves a non-teacher?

    Assuming so, unless the absurdities of termtime only pay which are beyond my comprehension apply, I’d have thought that IF the employee was signed off sick and was as a result available for work, it’s not their problem that it’s school hols so there’s no work available - so they are entitled to full normal pay over the hols until their resignation date.

    But others may know better..,,
  • Sharon

    | 0 Posts

    2 Sep, 2019 21:27

    In reply to David:

    Thank you for your advice David. So I guess we are ok to pay for just the phased return hours recommended by OH? And as they have resigned with immediate effect and they do not intend to work their notice are we ok to just pay up to 2nd September?
  • Sharon

    | 0 Posts

    2 Sep, 2019 21:27

    In reply to Sharon :

    Is there anything else we need to consider?
  • David

    | 0 Posts

    2 Sep, 2019 21:30

    In reply to David:

    PS

    However, if you merely received an OH report from your own advisers and the employee didnt actually put in  a fit note to return to work then you might legitimately regard them as still on sick leave and if on nil pay as a result they’d be only legally entitled to one week on full pay during their notice

  • Sharon

    | 0 Posts

    2 Sep, 2019 21:39

    In reply to David:

    I did ask them when inviting to a RTW meeting that a FFW certificate would be required prior to returning due to the length of absence (it has been a long time and we are a very supportive school).
    Why one week on full pay during their notice? They have been with the School 11 years. As they have not returned to work their notice, would we not assume pay wise that they leave (and are paid up to) on 2nd September. Thanks David
  • David

    | 0 Posts

    2 Sep, 2019 21:40

    In reply to Sharon :

    Hi Sharon

    I don’t think you can restrict pay to hours merely recommended by OH that never actually got worked.

    And yes, if they don’t turn up to work their notice after 2 September then they’re not entitled to pay thereafter
  • Sharon

    | 0 Posts

    2 Sep, 2019 21:43

    In reply to David:

    Am I safe to assume that we do not need to pay anything to the employee, either notice or any outstanding pay?
  • David

    | 0 Posts

    2 Sep, 2019 21:45

    In reply to David:

    Hi again Sharon

    One week full pay during employee-given notice is the statutory minimum - based on the minimum *statutory* notice an employee is required to give to their employer - not the applicable contractual

  • David

    | 0 Posts

    2 Sep, 2019 21:51

    In reply to David:

    Interesting situation, Sharon! - arguable both ways re full pay and depends on particular facts I think
  • Karys Eagle

    | 0 Posts

    3 Sep, 2019 09:13

    Hi Sharon

    Do you have a sickness absence management policy or a pay policy that explains sick pay circumstances?

    For example, we require a fit to work certificate from a GP after a long term absence (we pay for this if charged). However, if your policy does not state this, they could argue that it is not a requirement and that they had told you was enough.

    If a phased return is agreed and they have exhausted sick pay, then we only pay the hours they work. However, if they haven't exhausted sick pay, we pay as if they were sick.

    In this situation - depending on policy. I would be inclined to pay from the point the previous cert ran out and they declared they were fit to work, until the point of resignation.

    So it could be they are paid normally for the month of August.

    I hope this makes sense.

    I always revert back to policy on sickness and pay.

    If you don't have one, let me know. I would be happy to send ours over.

    Karys
  • Kimberly

    | 0 Posts

    3 Sep, 2019 09:57

    Just to bear in mind school holidays are non-working days for TTO employees so the phased return could not start until September.

    In our MAT if you are off sick the working day prior to a school holiday, you are paid sick pay (or zero if that's your current entitlement) until school re-opens and you're back to work.

    If they have been off LTS, I would check if they are due any holiday pay.
  • David

    | 0 Posts

    3 Sep, 2019 10:15

    In reply to Kimberly:

    Hi Kimberley

    Okay, but what if someone who’d been on LTS / nil pay produces a fit note for a working day just prior to a school holiday certifying that they’re fit to return to work - would you then revert them to full pay for the duration of the forthcoming holidays?
  • Kimberly

    | 0 Posts

    3 Sep, 2019 13:00

    In reply to David:

    Yes - we always have a few staff who make a miraculous recovery on the last day of term.