School Reps' Handbook > Your questions answered

Sick Leave

What is my entitlement to sick leave?

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.

What count as 'working days'?

"Working days" refers only to 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.

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

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. As the school representative, you should advise such members to seek advice from the Regional Office.

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

What if I change leas or have a break in service?

Transferring between LEAs, 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.

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

What should I do about medical certificates and self-certification?

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

Notify your school of your intended absence on the first day of illness and, if possible, indicate the likely duration of your absence.
On the fourth day of absence, contact your school again and, if possible, give some indication of the length of the absence.
From this point you must also complete a self-certification form. These are usually available from doctors' surgeries but schools should keep their own supply and if you return to work on or before the seventh day you can fill in the form at school.
If your absence continues beyond seven days the school will send you a selfcertification form for you to complete and return to the Headteacher/Principal.
From the eighth day of absence, you must submit a doctor's certificate, keeping a copy for yourself.
Subsequently, you must submit further certificates as required and at the end of the period of absence, unless indicated on the certificate, a "signing off" note to say that you are fit to resume teaching

What if I have an accident at work or contract an infectious disease?

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.

Members should make sure that any incident of this kind should be properly recorded.

What is the Management of Sickness Absence Policy?

The LEA and all the teacher associations have negotiated a policy to be used in situations where a member of staff's attendance is giving cause for concern. It may also be used where performance at work is being affected by health problems which do not cause absence.

If your Headteacher/Principal asks a member to attend a meeting to discuss concerns about attendance they should be advised of their right to be accompanied by their trade union representative. We strongly urge members to exercise this right.

For more advice and support on this policy contact the local association.