Contractual sick pay for school staff is determined by whether they fall under the Burgundy Book (teachers) or the Green Book (support staff). Both documents set out contractual sick pay arrangements that apply in addition to Statutory Sick Pay, but the rules, entitlements and the way entitlement is calculated differ between the two schemes.
The Burgundy Book sets out the national sick pay scheme for teachers and provides entitlement based on aggregated local authority teaching service. Teachers receive sick pay in a fixed sick pay year (1 April–31 March) and must meet certain conditions, such as notifying their employer by the fourth working day, supplying fit notes and attending employer-arranged medical examinations. The entitlement is as follows:
• First year of service – 25 working days full pay and, after four months service, 50 working days half pay
• Second year of service – 50 working days full pay and 50 working days half pay
• Third year of service – 75 working days full pay and 75 working days half pay
• Fourth and subsequent years – 100 working days full pay and 100 working days half pay
“Working days” include teaching and non-teaching directed time.
The Burgundy Book also provides additional protections where absence arises from an accident, injury or assault at work, and full pay without deduction from entitlement in cases of certain infectious diseases contracted in the course of employment. The scheme can also allow for sick pay to be suspended in extreme circumstances where absence results from misconduct, a breach of reporting requirements or conduct prejudicial to recovery.
Support staff sick pay is set out in the Green Book and is based on continuous local government service, using a rolling 12-month calculation rather than a fixed year. This means that any paid sickness in the previous 12 months is deducted from the current entitlement. The Green Book provides the following minimum entitlement:
• First year of service – one month’s full pay and, after four months service, two months half pay
• Second year of service – two months full pay and two months half pay
• Third year of service – four months full pay and four months half pay
• Fourth and fifth years – five months full pay and five months half pay
• After five years of service – six months full pay and six months half pay
The Green Book also states that sick pay includes statutory sick pay and must not exceed normal earnings. Employers may extend sick pay in exceptional cases, and payment can potentially be reduced or withheld if an employee fails to comply with sickness reporting procedures or where absence relates to misconduct.
If you have any questions regarding the above, please do not hesitate to contact a member of the Cook Lawyers team.
Sickness Absence Training
We also offer sickness absence management training for schools, colleges and multi academy trusts. If you feel this training would be beneficial, please contact a member of the Cook Lawyers team and a date can be arranged.
Ben Spence
