As some of you have already experienced, sometimes an employee will need to take sick leave and regardless of how the council may feel about this, it must always be managed professionally.
The council should look to its own policy on sick leave before we then refer to the employee’s contract.
Usually in the first instance the employee must inform their line manager of the council of their absence. The employee can then self-certify for 7 days but must complete either the council’s own self-certification form or HMRC’s self-certification form which can be found here.
Following this 7 day period, which includes Saturday and Sunday, if the employee’s absence continues, in order to receive sick pay the employee must provide a fit note from a medical professional.
What do we do in the absence of a contract?
Firstly, please arrange a contract as soon as possible, you can find the NALC model contract with green book terms here. If you do not have a contract, you still must adhere to HMRC guidelines in reference to sick leave. The employee will only be entitled to statutory sick pay (SSP) rather than contractual sick pay. You can check eligibility for SSP here.
What is contractual sick pay?
Contractual sick pay, otherwise known as occupational sick pay, is where the company replaces SSP with their own sick pay.
An employee is not entitled to SSP after their contractual sick pay ends unless the contractual sick pay finishes before the 28 week allowance of SSP. Contractual sick pay is a company benefit which runs concurrently with SSP. It is a benefit because it is usually a higher amount than SSP (SSP being the statutory minimum paid), essentially a ‘top up’ on SSP.
Can I contact my employee whilst they are on sick leave?
There is no law which stops an employer from contacting their employee whilst they are on sick leave, in fact, it is encouraged to stay in touch. You can always contact your employee if you need to obtain any equipment or documentation from them to cover the role in their absence.
Please note however that although not unlawful, to contact an employee whilst on annual leave is deemed unprofessional.
You can find more useful information on sick leave entitlement on the ACAS website here.
What do I do when my employee wants to return to work?
Although a return to work interview is not always necessary, sometimes a return to work phone call will suffice, if your employee has been on sick leave for any length of time or even if their reason for sick leave is something which you feel you need to assess, we recommend a return to work interview is conducted by your HR/Personnel committee.
A return to work interview should check:
That the employee is ready and able to return
The need for amended duties or phased return
Whether the workplace impacted the absence
Whether re-training is required
If occupational health or GP is involved
During this meeting you can identify and record any potential risks which may cause the clerk to require further sick leave and it is also a space for essential communication to ensure the wellbeing of your employee.
You can find more information and templates on this on the ACAS website here.