Policies

Incapacity for work
Sick pay entitlement

Appendix 1: Self-Certification form    

Incapacity for work

Notification of sickness or injury

Employees must notify the Chair by telephone as soon as possible on the first day of sickness. Text messages and e-mails are not an acceptable method of notification. Other than in exceptional circumstances notification should be made personally. 

The notification procedures should be followed on each day of absence unless the employee is covered by a medical certificate or otherwise at the discretion of the Chair. Employees should give an indication of their expected return date and notify the Chair as soon as possible if this date changes. If the sickness extends to more than seven calendar days the employee is required to notify the Chair of their continued sickness once a week thereafter.

Evidence of sickness or injury

Medical certificates are not issued for short-term sickness. In these cases of sickness (up to and including seven calendar days) the employee must sign a self-certification absence form on their return to work.

If the employee’s sickness has been or is likely to be for longer than seven days (whether or not these are working days) the employee should obtain a medical certificate from their doctor and forward this to the Chair without delay. Subsequently they must supply the council with consecutive medical certificates to cover the whole of the absence.

Return to work

The employee should notify the Chair as soon as they know on which day they will be returning to work, if this differs from the date of return previously notified.

If they have been suffering from an infectious or contagious disease or illness such as rubella or hepatitis they must not report for work without clearance from their doctor.  

On return to work after any period of sickness absence (including absence covered by a medical certificate), they are also required to complete a self-certification absence form and hand this to the Chair. They may also be required to attend a return to work interview to discuss the state of their health and fitness for work. The onus is on the employee to satisfy that there was a genuine medical reason for the absence. The Chair must decide whether to authorise the absence or not. Information arising from such an interview will be treated with strictest confidence.

Accepting absence

Sickness is just one of a number of reasons for absence and although it is understandable that an employee may need time off if they are sick, continual or repeated absence through sickness may not be acceptable to the council. Submission of a medical certificate or self-certification form, although giving a reason for the absence, may not always be regarded by the council as sufficient justification for accepting the absence.  In deciding whether absence is acceptable or not the council will take into account the reasons and extent of all the employee’s absences, including any absence caused by sickness. The council cannot operate with an excessive level of absence as all absence, for whatever reason, reduces efficiency.

The Council will monitor each employee’s attendance at work so that any unacceptable levels of absenteeism may be addressed. The council will take a serious view if an employee takes sickness leave that is not genuine, and it will result in disciplinary action being taken.

Access to medical reports

From time to time it may be necessary for the council to obtain a medical report from an employee’s doctor in order to gather further information about the employee’s medical condition and its probable effect on the employee’s future attendance at work or the ability to do their job. The council may also ask for them to be independently medically examined and a report provided to the council.

Employees have certain rights under the Access to Medical Reports Act 1988. Should the council find it necessary to obtain a medical report concerning an employee’s fitness for work or any other relevant matter the employee will be asked for his or her written consent. At the time of this request the employee will be advised of his or her rights under the Act.

Sick pay entitlement

Statutory Sick Pay

Employees who are absent from work because of sickness will normally be entitled to receive Statutory Sick Pay (SSP) for up to 28 weeks from the council providing they meet the relevant criteria. Once the criteria have been met, SSP is not normally payable for the first three days of sickness absence, unless the employee has been absent and in receipt of SSP within the previous eight weeks. Thereafter the council will normally pay SSP at the statutory rate in force for a maximum of 28 weeks.  In order to qualify for SSP the employee must notify the Chair on the first day of sickness, and submit a certificate of absence as soon as practicable. The council reserves the right to withhold payment of SSP where an employee fails to follow the correct procedure.

Certain employees are excluded from the SSP scheme, e.g., employees who earn below the lower earnings limit for National Insurance purposes. The provisions relating to SSP are extremely complex. Employees who have any questions about it should approach the head of the HR Committee or the Chair.

Contractual Sick Pay

The council also operates an Employer Sick Pay (ESP) scheme. Any payments made under this Scheme will include SSP payments where they fall due. ESP is not an entitlement to additional holiday or paid time off for any reason other than the employee’s genuine incapacity through illness or injury.

Under the ESP scheme, employees who have completed six months’ continuous service with the council, calculated up to their first day of sickness, will be entitled to ESP for the first three occasions that they are off sick in any rolling 365-day period.  Any further paid occasions of sickness will be entirely at the discretion of the council. An occasion of sickness is defined as being from the first working day the employee is absent until they return to work.  Therefore, one occasion of sickness may be one day or several weeks.

The maximum that will be paid in ESP in a rolling 365-day period is four weeks at full pay and four weeks at half pay. In exceptional circumstances this may be increased at the discretion of the council. The calculation of ESP will take into account any previous payments of ESP made in the 365 days immediately before the first day of the current sickness absence. ESP will not be paid where the sickness is self-induced, where the sickness or injury arises from an employee’s misconduct at work.

ESP will only be paid when a medical certificate or fit note completed by a doctor has been submitted to the Chair to cover the absence.  If the employee has been or will be absent for less than seven calendar days, and want to be paid ESP, they are still required to submit a medical certificate.  If the employee is charged by the doctor for the certificate the council will reimburse the employee. Payment of ESP will not be made unless the employee has fully complied with council procedures relating to the notification and certification of absence. 

Employees should claim any Social Security sickness benefits (such as incapacity or invalidity benefits) to which they may be entitled.  Employees must notify the Chair of all such payments, which the council will deduct from their ESP. 

Termination of employment may take place before the payment of ESP is exhausted.

This is a non-contractual policy and procedure which will be reviewed from time to time.
Date of policy: March 2023
Approving committee: HR Committee
Date of committee meeting: TBC
Policy version reference: V1110323
Supersedes: N/A
Policy effective from: TBC
Date for next review: TBC

Appendix 1: Self Certification Form

Deeping St Nicholas Parish Council 

Self-Certification Form 

Reason for sickness absence......................................................................................................

Was this sickness caused by an accident at work or an industrial disease? Yes / No*

I did/did not* see a doctor.    This absence is/is not* covered by a medical certificate.

Signed by Employee: ………………………………………………………………….

Print name: ……………………………………………………………………………....

Date: ………………………………………………………………………………………...

Absence authorised?  YES / NO* 

If No, reason for not approving absence: …………………………………………………...………………………….

Signed by Chair: ……….………………….………...…………….……………....

Print name: …………………………………………………………………………….

Date: ………………..……………………………………………………….…………...

*delete as applicable