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OCCUPATIONAL AND STATUTORY SICK PAY GUIDELINES

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OCCUPATIONAL AND STATUTORY SICK PAY GUIDELINES Powered By Docstoc
					OCCUPATIONAL AND STATUTORY SICK PAY GUIDELINES

The following conditions apply to the payment by the University of both
Statutory Sick Pay (SSP) and Occupational Sick Pay (OSP).

    1. All staff are required to comply with Government legislation in order
       to qualify for payment of SSP. The “qualifying days” for SSP will be
       Monday to Sunday inclusive. SSP will not be paid for the first 3
       qualifying days in a period of incapacity to work (PIW). These days
       are called “waiting days” and payment of SSP will commence on the
       4th qualifying day. SSP is only payable for complete days of absence
       and for periods consisting of 4 or more qualifying days.

    2. All staff (regardless of contract type) must produce evidence to
       support entitlement as follows:
    • A University Self-Certificate for periods of absence of up to and
       including 7 calendar days. This includes weekends, bank holidays and
       days/weeks that do not form part of your usual working pattern. This
       must be completed upon return to work on the first morning and
       handed to your Supervisor or Dean of Faculty/Director.
    • Or a doctor’s certificate covering absences of more than 7 calendar
       days.
    • Medical certificates and self-certificates will then be entered onto
       the HR system by the Faculty or Service Absence Administrators.

    3. In order to qualify for SSP, notification of absence must be made on
       the first working day to the Dean of Faculty/Director, Supervisor or
       Human Resources Service, either by telephone, or if this is not
       practicable, by a letter posted on the first day.

    4. The following groups are currently not entitled to OSP:

              •   External consultants
              •   External examiners

    5. Staff who are absent for a half day must notify the Dean of
       Faculty/Director or Human Resources Service. Failure to do so may
       affect payment of OSP.

    6. Failure to notify the University of absence, or subsequent failure to
       provide satisfactory evidence of sickness, may exclude the member of
       staff from SSP, OSP, or both, or may result in a delay in payment.

    7. State benefit received in connection with any illness and the
       documents relating to the rate of benefit must be made known to the
       Payroll department. Failure to do so may result in a delay or
       forfeiture of payment of SSP.

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Policy Name Occupational and Statutory Sick Pay Guidelines
    8. The University may require an individual to be referred to the
       Occupational Health Adviser, as per the Sickness Absence policy to
       ensure fitness to resume contractual duties.

    9. The University has the right to investigate any suspected abuse of sick
       pay which, if verified, will be dealt with under the University
       Disciplinary Procedure.

    10. Payment of sick pay will only be made against a satisfactorily
        completed and countersigned self-certificate.

    11. When OSP or SSP entitlement has become exhausted, the member of
        staff concerned will be notified by the Payroll Office or the Human
        Resources Service.

    12. If a member of staff is excluded from SSP, he/she will be notified by
        the Payroll Office.

    13. Copies of medical certificates must still be provided for recording
        purposes for any member of staff for whom OSP/SSP entitlement has
        become exhausted, or if he/she is excluded from SSP.

    14. Any member of staff who is medically certified should not return to
        work before the expiry date on the certificate unless medical
        evidence can be provided that the individual concerned is fit to
        return to work

    15. If a member of staff is sick whilst they are on holiday, they can
        reclaim the corresponding holiday only on production of a medical
        certificate from a GP or hospital.

    16. If a member of staff is receiving OSP, please note that SSP is offset
        against full pay. Should a member of staff move to half pay, then SSP
        is paid in addition to half pay.

    Grievances in respect of OSP and SSP

    17. Any member of staff who considers that he/she has a grievance
        relating to OSP or SSP should contact the Human Resources
        Operations Manager in the first instance.

    18. The Human Resources Operations Manager will contact the Payroll
        Office to investigate the matter.

    19. The Human Resources Operations Manager will either refer the
        member of staff to the Payroll manager or discuss the matter directly
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Policy Name Occupational and Statutory Sick Pay Guidelines
         with the individual concerned.

    20. If the member of staff considers that the grievance has not been
        resolved satisfactorily, he/she will pursue the matter through the
        University’s Grievance Procedure.

    21. Under the terms of the SSP regulations, staff have the right to apply
        to the University for a written statement or reasons for non-payment
        of SSP. If you still disagree with this decision, ask the Inland Revenue
        office for advice. You may be able to ask for an Inland Revenue
        Officer’s decision. This procedure should only be used after the
        University Grievance Procedure has been exhausted.

    Exclusions from SSP
    22. SSP is not payable to staff in the following circumstances:

              •   You cannot get SSP if you claimed Incapacity Benefit or Severe
                  Disablement Allowance during the last 8 weeks, or if you are
                  entitled to the 52-week benefit protection.

              •   You cannot normally get SSP after you stop working for your
                  employer if your contract has ended.

              •   You cannot normally get SSP after your contract has been
                  ended by your employer. However, your employer will have to
                  pay you SSP if they ended your contract of employment solely
                  or mainly to avoid paying SSP.

              •   You cannot get SSP after you have had SSP for 28 weeks in a
                  row or for periods of sickness that are 8 weeks or less apart
                  and that add up to 28 weeks. SSP paid by another employer
                  may be counted.

              •   You cannot get SSP if your average weekly earnings are less
                  than the Lower Earnings Limit for the 8 weeks before you went
                  sick. All earnings before deductions like tax are taken off are
                  counted.

                  Some employers have a special arrangement with the Inland
                  Revenue to Class 1B NI contributions on some of your earnings.
                  This could mean that your employer could not count all your
                  earnings when working out your average earnings. Ask your
                  employer if any of your earnings were included in such an
                  arrangement and then ask them to recalculate your earnings as
                  if you had been paying Class 1 NI contributions on them.

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Policy Name Occupational and Statutory Sick Pay Guidelines
              •   You cannot get SSP for a PIW which commences after an
                  employee reaches the age of 65 unless the PIW links with a
                  previous PIW which commences before the employees 65th
                  birthday.

              •   You cannot get SSP during the 26 weeks you are entitled to
                  Statutory Maternity Pay (SMP) from your employer, or during
                  the 26 weeks you are entitled to Maternity Allowance (MA)
                  from the Department for Work and Pensions.
                  Statutory Maternity Pay (SMP) is money paid by the employer
                  to women who are away from work because they are pregnant.
                  Maternity Allowance (MA) is a social security benefit you may
                  be able to get if you are pregnant and cannot get SMP.

                  If you are entitled to either SMP or MA you cannot get SSP for
                  18 weeks. The 18-week period starts:
                      • If you are not getting SSP on the earlier of:
                         the Sunday of the week you are away from work
                         because of your pregnancy, on or after the start of the
                         4th week before the expected week of childbirth, or
                         the Sunday on the week in which the baby is born
                      • If you are getting SSP, on the earlier of:
                         the day after your baby is born, or
                         the day after the day you are first away from work
                         because of your pregnancy if this is after the start of the
                         4th week before the week you expect your baby.

              •   You cannot get SSP if during the last 3 years:
                  you have been sick on and off for 4 days or more in a row, and
                  you have never been back to work for more than 8 weeks
                  before going sick again.

              •   You cannot get SSP if you were away from work because of a
                  trade dispute on the first day you were sick unless you had no
                  direct interest in the dispute.
                  We use trade dispute to mean:
                       i. A strike
                      ii. A walkout
                    iii. A lockout
                     iv. Another dispute at work

              •   You cannot get SSP if you were:
                     i. In legal custody or sentenced to a term of imprisonment
                        on the day you became sick, or
                    ii. SSP will stop if you are now in legal custody or
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Policy Name Occupational and Statutory Sick Pay Guidelines
                            sentenced to a term of imprisonment


              •   You cannot get SSP if you are employed outside the United
                  Kingdom (UK) on the day you first became sick unless your
                  employer is liable to pay the employer’s share of Class 1
                  National Insurance contributions for you, or would be if your
                  earnings were high enough.

              •   You cannot get SSP if you do not attend the first day of work
                  due to sickness.

    Should your SSP entitlement end or if you cannot get SSP you may be
    able to claim Incapacity Benefit. Payroll will provide you with an SSP1
    along with the original copies of your medical certificates. You will need
    to telephone your local Jobcentre Plus or social security office or call to
    arrange an appointment.

    Exclusions from OSP

    23. OSP is not payable to staff in the following circumstances:

    •    If Southampton Solent University is of the opinion that the disability
         which has caused the individuals absence from work is due to his/her
         own misconduct, or if the individual has failed to observe the
         conditions of this scheme, or has been guilty of conduct prejudicial to
         his/her recovery, the payment of any sick pay under the scheme may
         be suspended. In any such case, Southampton Solent University shall
         inform the individual on the grounds upon which the payment of sick
         pay has been suspended and that the individual may have recourse to
         the grievance procedure.
    •    Sick pay shall not be paid in case of accident due to active
         participation in sport as a profession, unless Southampton Solent
         University decides otherwise, though Statutory Sick Pay may be
         payable.

    FOR FULL DETAILS OF THE RULES, REGULATIONS AND PROCEDURES
    REGARDING THE PAYMENT OF OCCUPATIONAL SICK PAY AND
    STATUTORY SICK PAY, PLEASE CONTACT EITHER THE PAYROLL
    SECTION WITHIN FINANCE OR THE HUMAN RESOURCES SERVICE IN THE
    FIRST INSTANCE.

    PLEASE SEE BELOW FOR THE OCCUPATIONAL SICKNESS ABSENCE
    ENTITLEMENTS.




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Policy Name Occupational and Statutory Sick Pay Guidelines
OCCUPATIONAL SICKNESS ABSENCE ENTITLEMENTS

Support Staff Occupational Sickness Absence Entitlements
(in a rolling year)


     LENGTH OF SERVICE                        FULL PAY                   HALF PAY
                                          (CALENDAR DAYS)             (CALENDAR DAYS)
0 - 1 years                              31 days (From date of 61 days (After 4 months Service)
                                         commencement)
1 - 2 years                              61 days               61 days
2 - 3 years                              122 days              122 days
3 - 5 years                              153 days              153 days
5+ years                                 183 days              183 days


Academic Staff Sickness Absence Entitlements
(Sick Year 1 April to 31 March unless sickness is continuous over 1 April)


                                              FULL PAY                   HALF PAY
     LENGTH OF SERVICE                    (CALENDAR DAYS)             (CALENDAR DAYS)
0   -1   years                           31                     61 days (after 4 months service)
1   -2   years                           92                     92
2   -3   years                           122                    122
3   -4   years                           183                    183




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Policy Name Occupational and Statutory Sick Pay Guidelines

				
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