Section E - Ill Health - Sick Pay SchemeE1 - Providing Evidence of Sickness | E2 - Absences of Four or More Days | E3 - Self Certification for First Seven Days of Absence | E5 - Notification of Sick Absence | E10 - Monitoring of Sick Absence | E11 - Sick Absence Record is Giving Cause for Concern | E12 - Referral to the Civil Service Commission's Occupational Health Practitioner | E14 - Sick Pay | E15 - Civil Servant has Twelve Months Sick Pay in a Four Year Period | E23 - Conditional Appointments - Restrictions due to Medical Conditions | E24 - Fixed Term Appointments | E26 - Part- Time Civil Servants | E35 - Option to Draw Unabated Sick Pay | E39 - Calculation of Sick Absence Period | E40 - Shift Workers | E46 - Absence Due To Injuries As A Result Of Negligence Of A Third Party | E47 - Absence Due To Injuries As A Result Of An Assault Whilst On Duty | E50 - Damages Awarded - Treatment of National Insurance and Income Tax Payments | E51 - Damages Awarded - Reckoning of Absence for Sick Absence Purposes | E56 - Absence Due to an Injury/Disease Incurred at Work
1. Providing Evidence of Sickness
If a civil servant is unable to attend work because he is ill, he must provide evidence of the illness and the cause of the incapacity in order to qualify for sick pay. The Commission can refuse to pay sick pay if satisfactory evidence is not provided.
Evidence of the incapacity must be submitted to the Line Manager in the form of a certificate from a qualified medical practitioner or by way of a sickness declaration form completed by the civil servant himself (referred to as a self-certificate).
2. Absences of Four or More Days
Officer: Absences through illness of four or more days will require the civil servant to complete a Department of Health and Social Security form SC1 (available from doctors' surgeries, hospitals, Department of Health and Social Security offices or pay sections) to ensure the correct allocation of sickness benefit in respect of the first week. The completed SC1 form should be fastened to the completed self-certificate and submitted to the Line Manager.
Line Manager/Payroll: The completed form should be fastened to the completed self-certificate and/or doctor's certificate and submitted via the Line Manager to the appropriate pay section/department’s HR division for onward transmission to the Department of Health and Social Security.
Once submitted, form SC1 entitles:
- the officer to receive the element of pay which is incapacity benefit tax free and to reduce NI contributions;
- the incapacity benefit to be reclaimed from the Social Security division by the employing department whilst the officer remains on full pay (when the officer goes to less than full pay, they can claim incapacity benefit directly).
3. Self Certification for First Seven Days of Absence
Doctors do not give certificates of incapacity for work for absences of seven calendar days or less. All civil servants must therefore complete a self-certificate (in the form provided at Annex E 1 detailing the reasons for all sick absences up to and including seven calendar days. Once the sick absence exceeds seven calendar days, medical evidence in the form of a doctor's certificate must be produced.
If a doctor is consulted within the first seven days of incapacity and is satisfied that the civil servant will be unable to work for longer than seven days, the doctor may issue a medical certificate which covers only the forward period in which case the civil servant must complete a self-certificate for the first seven days.
5. Notification of Sick Absence
Civil servants must inform their Line Manager when they are unable to attend work due to incapacity in accordance with the requirements of the department. Usually, the line manager should be notified within one hour of the agreed start time on the first working day on which the civil servant is unable to attend work because of illness. Where, exceptionally, such immediate notification is not possible the Accounting Officer may accept a reasonable explanation for failure to notify the line manager.
All civil servants who have been absent through illness for up to one week should, on their return to duty, complete a self-certificate in accordance with Regulation E3 above. The form should also be completed in respect of the first week of longer absences. During longer period of absence the civil servant should advise his line manager of his probable date of return to work.
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10. Monitoring of Sick Absence
Accounting Officers should ensure that Line Managers keep an accurate record of all periods of sick absence and monitor all such absences carefully. All sick absences, whether self certificated or medically certificated, will count for the purposes of determining the sick absence limits set out in Regulations E14 - E16 and E23 to E26.
Further information is available in the booklet Management of Sickness Absence Policy and Guidance
11. Sick Absence Record is Giving Cause for Concern
If a civil servant's sick absence record is giving cause for concern the Accounting Officer should review the case and consider whether it is appropriate to refer the matter to the Civil Service Commission under Regulation E12. The Accounting Officer must inform the civil servant of his concern and that the matter may be referred to the Commission to arrange a medical examination by the Commission's Occupational Health Practitioner.
12. Referral to the Civil Service Commission's Occupational Health Practitioner
Last updated : 8 May 2013 - Amendment No. 13-005
The Accounting Officer should consider whether the matter should be referred to the Civil Service Commission to arrange for the civil servant to be seen by the Occupational Health Practitioner using the procedure set out in Annex E 4 to these Regulations.
The reasons for requesting a referral to the Civil Service Commission’s Occupational Health Practitioner may include:-
i) short term self-certificated sick absences (see the Management of Sickness Absence Policy and Guidance at 4.6.2) or
ii) regular absences on certified sick leave or
iii) where there is a medical condition that may lead to premature retirement on the grounds of permanently impaired health in accordance with the provisions of Section B of these regulations or
iv) continuous sick leave in excess of 4 to 6 weeks, however each case should be considered separately, if concern exists for a civil servant within this period, a medical referral should be made sooner. (If a manager is in any doubt, further guidance is available from the HR Advisers in the Office of Human Resources). (See also the Management of Sickness Absence Policy and Guidance at 4.6.3).
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14. Sick Pay
Paid sick leave is not an entitlement. However, provided there is a reasonable prospect of eventual recovery and return to duty, civil servants may be allowed sick leave on full pay for not more than six months in all during any period of twelve months and thereafter sick leave on half pay, subject to a maximum of twelve months paid sick leave in any period of four years or less.
Note This may be extended if the absence is due to an injury/disease incurred at work, see Regulation E56.
15. Civil Servant has Twelve Months Sick Pay in a Four Year Period
When a civil servant has had a total of twelve months' paid sick leave in any period of four years or less, no further sick pay should be allowed (unless the absence is due to an injury/disease incurred at work) except with the consent of the Civil Service Commission. When full pay or half pay has ceased, it should not be restored during the same sick absence.
Sick leave in excess of twelve months during any period of four years or less does not reckon for increment or pension.
When a civil servant has exhausted sick leave on full and half pay under Regulation E14 above, the Civil Service Commission may allow pay during further sick leave at a rate not exceeding the amount of pension, if any, for which he would have qualified if he had been retired on health grounds at the end of twelve months' sick leave, or at half pay if that is less.
Periods of sick absence should be calculated in accordance with Regulations E39 - E40.
23. Conditional Appointments - Restrictions due to Medical Conditions
Last amended 5 September 2012 - Amendment No. 12-030
The grant of sick pay to civil servants who do not meet the medical standards required for entry into the Sick Pay Scheme will be in accordance with the terms set down in the conditional appointment letter.
As part of the Isle of Man Civil Service Pay Settlement 2012-13, the restriction for staff with pre-existing medical conditions to be eligible for the sick pay scheme was removed with effect from 1 September 2012.
24. Fixed Term Appointments
Civil servants appointed for a fixed term should be granted paid sick leave in accordance with the terms of their appointment.
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26. Part- Time Civil Servants
Part-time civil servants should be granted paid sick leave in accordance with the provisions of this Section. Sick pay for part-time civil servants should be based on his normal rate of pay for the hours he is contracted to work. National Insurance benefit, where applicable, should be deducted from his sick pay to ensure that sick pay together with sickness benefit or injury benefit under the National Insurance Acts does not exceed normal pay.
Note Part-time civil servants who are not scheduled to work on each of the 5 normal working days should be granted sick pay in accordance with the provisions of this Section for the hours they were scheduled to work on the day(s) they were absent, if the absence was for less than 1 week.
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28. Pay During Notice for Ill Health Retirement
Where a civil servant is prematurely retired on the grounds of permanently impaired health under the provisions of Section B of these regulations he should be paid his full normal salary during the period of notice even though he may have exhausted his entitlement to paid sick leave before the notice is given.
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35. Option to Draw Unabated Sick Pay
Special arrangements exist for civil servants to choose to be paid in full for periods of sick absence – this is known as the option to draw unabated sick pay. Without these arrangements, sick pay has to be reduced by the amount of Social Security benefit claimable from the Department of Health and Social Security although the total income receivable in either case will be the same.
The arrangements exist only to provide a simpler method for the payment of sick pay for both civil servants and pay sections, but they can only apply when a civil servant is entitled to be paid full pay while on sick leave.
A civil servant can therefore choose either to: -
a) receive full pay without abatement (i.e. without deduction of national insurance benefit) provided the appropriate declaration is completed; or
b) to receive sick leave pay abated by the amount of national insurance benefit payable.
(The form to draw unabated sick pay is at Annex E2 although this is normally sent out with the offer letter at the time of recruitment and need only be completed once).
The pay of a civil servant who is receiving only half-pay during sick leave must be adjusted to ensure that the half-pay plus national insurance benefit does not exceed his full pay.
Income tax and national insurance contributions are not payable on national insurance benefit. Consequently, a civil servant who has elected to receive sick pay without deduction of national insurance benefit is eligible to claim income tax relief on that portion of his sick pay which would have been abated had he not so elected. The Department of Health and Social Security will certify the amount of national insurance benefit which he would otherwise have been entitled to receive and pay sections will make the necessary adjustments to pay.
39. Calculation of Sick Absence Period
Weekends and public and privilege holidays
In calculating any sick absence, Saturdays, Sundays, public and privilege holidays should be treated as follows: -
(a) those occurring within a period of sick absence should be included and reckoned as part of the absence (payment for these days should be only that to which the civil servant is entitled under the sick absence rules and not ordinary pay); and
(b) those occurring at the beginning, or at the end, of a period of sick absence should not be included or reckoned.
i) For sick absence purposes, three months means 91 days, six months 182 days and 12 months 365 days.
ii) If attendance by a part-time civil servant is not required on each day of the working week, sick absence allowances should be calculated as set out above, treating any non-working days in the same way as Saturdays, Sundays etc.
iii) If an officer is undertaking a phased return to work on a part time basis, Saturdays, Sundays, public and privilege holidays incorporated within this period will not be included or reckoned as part of the absence.
40. Shift Workers
In calculating sick absence periods for shift workers:-
(a) an absence due to illness for a complete shift should count as 1 day;
(b) when a shift involves attendance on 2 days and hours are worked in the second day (i.e. at the end of a shift) but no further hours are worked in the second day (i.e. beginning of the subsequent shift) the second day shall be treated as a day of incapacity for work;
(c) scheduled rest days should be treated in the same way as Saturdays and Sundays are for civil servants working a normal 5 day week.
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46. Absence Due To Injuries As A Result Of Negligence Of A Third Party
A civil servant who is absent from work as the result of an injury caused by the negligence of a third party is not entitled to receive sick pay if damages may be recoverable from the third party. Where there is a possibility of a claim for damages against a third party the following procedure should be adopted:-
(a) The civil servant must be required immediately to sign the form of undertaking attached at Annex E3 and recommended to seek legal advice on making a claim which should include a specific amount for loss of earnings including any potential pay increases. (Where the civil servant is unable to sign the form due to his injuries alternative arrangements should be made e.g. a witnessed mark on the form or the spouse's signature).
(b) It should be explained to the civil servant that, on signing the undertaking, he will receive "an advance" which will be recoverable from any damages received from the third party; the civil servant should also be assured that no attempt will be made to recover the monies advanced in the event of:-
- the claim not being pursued for any reason on legal advice; or
- the claim for damages being unsuccessful; or
- the claim being successful but the payment of the damages cannot be enforced.
In the event of a claim being partially successful, advice should be sought from the HR Advisers in the Office of Human Resources
(c) The civil servant should be advised to claim Sickness Benefit from the Department of Health and Social Security and seek the Department's advice on the consequences of any long-term absence from work on long-term benefits (e.g. national retirement pension) so that any potential losses can be included with the claim.
(d) The "advance" should be a sum equal to the amount of sick pay which would have been paid if the absence had been due to ordinary sickness, however:-
- no ITIP or NI deductions that would be made if the advance had been sick pay should be forwarded to the Treasury or Department of Health and Social Security);
- the amount of sickness benefit which the civil servant is entitled to claim under the Social Security Acts must be deducted from the payment.
The advance should not be issued with the normal pay slip unless the slip clearly states that it is an advance and not remuneration in the form of pay. In the unfortunate event of the civil servant's injuries being such that there is not a reasonable prospect of sufficient recovery to allow him to return the work the provisions of Sections B and E of these regulations concerning premature retirement on grounds of ill-health should be followed.
47. Absence Due To Injuries As A Result Of An Assault Whilst On Duty
If there is any doubt whether or not an absence is directly attributable to an assault on duty, the Secretary of the Civil Service Commission should be asked to seek the advice of the Commission's Occupational Health Practitioner. If the circumstances of the assault on duty are such that there is a possibility of recovering damages from a third party the civil servant should be advised to act as in the case of a civil servant injured due to an accident involving a third party, (See Regulation E46) for the purposes of a claim and required to sign an undertaking using the form at Annex E3 to this Section.
The pay of a civil servant during an absence due to injury as a result of an assault in the course of duty or an assault while not on duty but clearly connected with official duty shall be as follows: -
(a) if a claim for damages is not to be made, full sick pay, paid irrespective of the amount he would have received under the sick pay rules plus additions in respect of overtime, shift disturbance, or night duty allowances regularly received (calculated on average hours worked over the calendar quarter immediately preceding, unless such work is of a purely seasonal character when an estimate should be made of what they would have received had he not been forced to miss work because of the assault);
(b) if a claim for damages is to be made - an advance equivalent to the amount which would have been paid under (a) above, if no claim for damages had been made, subject to refund if the claim is successful.
The provisions of Regulation E46(b) will apply in respect if the civil servant is unable to claim damages from the third party, or if the claim is wholly unsuccessful, or if the claim is partly successful.
50. Damages Awarded - Treatment of National Insurance and Income Tax Payments
If a claim for damages is wholly or partly successful, any advances are subject to refund and the civil servant's income tax and contribution payments may need to be adjusted. The advice of the Assessor of Income Tax and of the Social Security Division of the Department of Health and Social Security Division should be sought in each case.
51. Damages Awarded - Reckoning of Absence for Sick Absence Purposes
Where there has been a successful claim to damages and all or part of the "advance" has been repaid the period of absence due to injury shall be expunged from reckoning against the maximum periods of paid sick absence as set out in Regulations E14 - E16 and E23 - E26 as follows:-
(a) Assault while on duty:- total period of sick absence due to the assault irrespective of result of any claim made;
(b) Accident (on or off duty) due to the negligence of a third party:- a period running from the date on which the paid absence due to the injury began, up to the date on which the total sum repaid to the department would be expended when set against the pay advanced.
Where no repayment is made absences due to the negligence of a third party will be treated as sick leave for the purposes of this Section.
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56. Absence Due to an Injury/Disease Incurred at Work
Where a civil servant is absent due to an injury sustained or a disease contracted in circumstances satisfying the qualifying conditions for payment of injury benefits under any such Injury Benefits Scheme that has been put in place by the Public Sector Pensions Authority:-
(a) the sick absence maxima of 6 months on full pay and 12 months overall may be extended by the period or periods of absence up to a maximum of 12 months on full pay and a further 6 months on half pay providing that there is a reasonable prospect of recovery and return to duty. The decision to extend sick pay rests with the Department and any appeal against the Department’s decision should be made via the internal grievance procedure where Stage 3 of this procedure is final; and/or
(b) staff on authorised absence with reduced pay or no pay because of an injury or disease wholly or mainly attributable to their employment may qualify for Temporary Injury Allowance (TIA). TIA is subject to income tax and National Insurance deductions.
Entitlement to TIA is decided by the claimant’s employer. Applications for TIA should be made by the staff member to their line manager.
In the event that a claim is rejected an appeal against any decision can be referred to the Public Sector Pensions Authority. Further advice can also be sought from the Office of Human Resources.