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Teacher Phased Return - 'full duties'

Hi, 

I was wondering if anyone could help with the ever woolly wording of the Burgundy Book.

If a Teacher starts a phased return (for a 6 week period) but during this time is unsuccessful and returns to sickness, would they return to full sick pay entitlement or would it pick up from where it left off? In this situation, the Teacher has been off since January and is planning a return in a few weeks. 

The Burgundy Book says, 'no new entitlements shall begin until the teacher has resumed duty' - would a phased return be interpreted as resuming duty? Bit of a grey area but any ideas or similar experience would be great. 

Thank you so much. 

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  • My instinct would be to treat it as I would any other failed return to work - the point of a phased return is to ease them back up to where they were (or where you have agreed they will be if permanent adjustments are in place). If they fail to maintain that return and go back off sick, I'd treat it as a new bout of sickness, but take into consideration previous sickness absence.
  • My understanding is that any non working time during a phased return is treated as sickness absence so they will still be accruing sick leave during the 6 week period.