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Teachers’ entitlement

 

Teachers’ sick leave is based on a sliding scale. Entitlements increase with length of service.

• In the first year of teaching, teachers are entitled to 25 working days’ full pay and, after completing four calendar months of service, 50 working days’ half pay.  

• In the second year of teaching, teachers are entitled to 50 working days’ full pay and 50 working days’ half pay.  

• In the third year of teaching, teachers are entitled to 75 working days’ full pay and 75 working days’ half pay.  

• From the fourth year of teaching onwards, teachers are entitled to 100 working days’ full pay and 100 working days’ half pay.

 

Statutory Sick Pay

 

Teachers moving on to half pay will also be entitled to receive Statutory Sick Pay (SSP) or Incapacity Benefit, if they so qualify, in addition to half pay.

 

SSP is paid by employers during the first 28 weeks of absence; Incapacity Benefit is paid to employees who do not qualify for SSP or whose entitlement to SSP has run out.

 

Teachers on full sick pay have their SSP or Incapacity Benefit included within full pay and do not get any extra payment.

 

"Working days" includes only the 195 days on which teachers can be directed to work. Holidays, including half term break, bank holidays and weekends do not count towards the sick leave entitlement although sick pay is of course paid to teachers during this time.

 

Sick leave during any school holiday, therefore, does not affect the total number of sick days available to a teacher. Teachers whose sick leave extends into the school holiday should, however, continue to submit medical certificates as required, even though the school is not open.

 

Different sick pay rules apply for women teachers over the age of 60, who may have taken a State pension or who have not paid full national insurance contributions.

 

Some local authorities offer more generous sick leave arrangements

 

It should be noted that the sick leave scale is regarded as a minimum and that LAs have the discretion to extend it in any individual case.

 

The Sick Pay Year

 

The sick pay year runs from 1 April to 31 March. Teachers absent due to illness on 31 March, however, will not be entitled to the subsequent year’s allowance until they have recovered and are back at work. Instead, sick pay will continue to be counted against the previous year’s entitlement.

 

Each "year of teaching" is also deemed to have begun on 1 April. This means that on 1 April following their appointment in the previous September, newly qualified teachers will be deemed to be in their second year of service, etc.

 

Changing Local Authorities and Breaks in Service

 

Transferring between LAs, or having a break in service, does not affect teachers’ entitlement to sick leave on the above sliding scale, which is based on all service since first entering the profession.

 

In the case of teachers transferring from one LA to another, any sick pay paid in the current year will be taken into account when the new LA calculates the teacher’s entitlement.

 

Absence due to Accidents at Work or Infectious Diseases contracted at Work

 

Absence resulting from accidents which have arisen in the course of a teacher’s employment, including extra-curricular and voluntary activities, is not initially counted against a teacher’s entitlement to sick leave and sick pay under the above provisions. The same goes for absences due to infectious diseases contracted as a direct result of a teacher’s employment.

 

In these circumstances, teachers are first of all entitled to a period of 6 months’ absence on full pay. This period on full pay may be extended or their absence may then start to count against their entitlement to paid sick leave under the above provisions.

 

Medical Certificates and Self Certification

 

The process outlined below should be followed in all cases where a teacher is off school due to sickness.

• Teachers should notify their school of their intended absence on the first day of illness and of the likely duration of their absence.  

• On the fourth day of absence, teachers should again contact their school and, if possible, give some indication of the length of the absence. Teachers must complete a self certificate form on return to work. These forms are usually available from doctors’ surgeries but schools should keep their own supply.  

• On the eighth day of absence, teachers must submit a doctor’s certificate, keeping a copy for themselves. Subsequently, teachers must submit further certificates as required, normally at the end of each month of absence and on return to teaching.

Absence Monitoring

 

The use of "absence monitoring" or "attendance management" procedures in schools is becoming increasingly widespread in recent years. Such schemes may involve teachers being subject to interviews after a certain number of days’ absence.

 

If you are concerned about your school introducing an absence monitoring procedure, contact PAT. 

 

Leave of Absence  

 

There are no specific national provisions on leave of absence for reasons other than maternity, but there are generally local agreements or guidelines in each local authority. 

 

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Pay & Conditions: Teachers in England & Wales

 

enquiries@voicetheunion.org.uk