Sick Leave This policy applies to all eligible staff, with a ... - DCU

<strong>Sick</strong> <strong>Leave</strong><strong>This</strong> <strong>policy</strong> <strong>applies</strong> <strong>to</strong> <strong>all</strong> <strong>eligible</strong> <strong>staff</strong>, <strong>with</strong> a minimum of thirteen weeks continuous service,employed by the University. Where appropriate, entitlements will be calculated based onthe duration of the employment contract on a pro-rata basis.1. General<strong>Sick</strong> leave, <strong>with</strong> or <strong>with</strong>out pay is granted, at the discretion of the University, <strong>to</strong> assist <strong>staff</strong>in a period of illness. The decision whether, in respect of an absence due <strong>to</strong> illness, sickleave is <strong>to</strong> be granted and whether it is <strong>to</strong> be <strong>with</strong> or <strong>with</strong>out pay, is a matter for the Headof School/Unit who may consult <strong>with</strong> the Direc<strong>to</strong>r of Human Resources. The production of amedical certificate does not in itself entitle the <strong>staff</strong> member <strong>to</strong> sick leave.2. Notification of <strong>Sick</strong> <strong>Leave</strong>Notification of absence due <strong>to</strong> illness should be made <strong>to</strong> the Head of School/Unit or his/hernominee as soon as possible on the first day of illness. A medical certificate should beforwarded <strong>to</strong> the Head of School/Unit not later then the third day of illness. The Head ofSchool/Unit should advise Human Resources of absences due <strong>to</strong> illness through the weeklyattendance report.3. Medical CertificatesFor a medical certificate <strong>to</strong> be accepted the following conditions must be met:a) The doc<strong>to</strong>r’s name and address must be clearly legible on the certificateb) The certificate must be signed and dated by the named doc<strong>to</strong>rc) The nature of the illness must be stated clearlyd) The likely duration of the illness must be statede) The certificate must be for a week’s duration or less. In the case of longer termillness certificates must be submitted weekly.Before returning <strong>to</strong> work following a period of absence due <strong>to</strong> certified sick leave, a medicalcertificate confirming fitness <strong>to</strong> resume duties must be provided. The University reservesthe right <strong>to</strong> request examination of a <strong>staff</strong> member on sick leave by one or more medicalpractitioners appointed by the University.4. Certified <strong>Sick</strong> <strong>Leave</strong>4.1 Full-time StaffFor <strong>eligible</strong> <strong>staff</strong>, absences of three or more consecutive days must be certified by amedical practitioner. Provided there is no evidence of permanent disability forservice, <strong>eligible</strong> <strong>staff</strong> may, at the discretion of and subject <strong>to</strong> University approval:receive full pay less Social Welfare Illness Benefit for certified sick leave up <strong>to</strong> amaximum of six months (183 days) and

half pay thereafter subject <strong>to</strong> a maximum of twelve months sick leave in a rollingfour year period.The first twelve month period commences on the first day of certified or uncertifiedabsence. Subsequent twelve month periods are consecutive until the end of 4 years.Annual leave at the beginning of sick leave along <strong>with</strong> public holidays and privilegedays at the beginning and/or end of a period of sick leave are discounted in thecalculation of sick pay.Eligible <strong>staff</strong> on fixed term contracts may be entitled <strong>to</strong> sick pay benefits on thebasis of six months at full pay and six months at half pay calculated on a pro-ratabasis over a rolling four year period.Absence in excess of twelve months in a four-year period will be unpaid unless a<strong>staff</strong> member qualifies for payment of a pension rate of pay. Under the terms andconditions of the <strong>DCU</strong> Superannuation Scheme, pension service does not accrue if a<strong>staff</strong> member is in receipt of ‘no pay’ or is in receipt of a pension rate of pay.Where sick leave is not continuous, six months is calculated as 183 days which willinclude Saturdays, Sundays, public holidays and privilege days that f<strong>all</strong> <strong>with</strong>in eachperiod of sick leave. Days of uncertified sick leave are also counted in arriving at anaggregate of sick leave taken. The continuation of payment during sick leave is atthe discretion of the University and is dependent on there being a reasonableprospect of recovery.Examples :A <strong>staff</strong> member on a four year fixed term contract may have an entitlement <strong>to</strong> 6months at full pay and 6 months at half pay in a rolling four year period.A <strong>staff</strong> member on a three-year fixed term contract may have an entitlement <strong>to</strong> 4.5months at full pay and 4.5 months at half pay in a rolling four year period.A <strong>staff</strong> member on a two-year fixed term contract may have an entitlement <strong>to</strong> 3months at full pay and 3 months at half pay in a rolling four year period.4.2 Part-time <strong>staff</strong> (including jobshare)The sick pay entitlement for <strong>eligible</strong> part time <strong>staff</strong> will be the same as that for <strong>staff</strong>employed on a full time basis but calculated on a pro rata basis as followsFull pay for the first six months of illness, andb) Half pay for the next six months of illnessSubject always <strong>to</strong> a maximum of one year’s sick pay in any four year period.For <strong>staff</strong> who work irregular hours, their gross weekly sick pay will be determined bythe hours worked during the 4 months directly preceding their absence

Example : If you work a <strong>to</strong>tal of 100 hours from March <strong>to</strong> June, your average weeklyhours will be calculated as follows :100 hours divided by 4 months = 25 hours for one month25 hours x 12 months divided by 52.2 <strong>to</strong> get your weekly amount of 5.75 hours5.75 hours x €8.65 (example of rate of pay) = €49.74€49.74 & 8% holiday pay of €3.97 per week = €53.625. Uncertified <strong>Sick</strong> <strong>Leave</strong>5.1 Full-time StaffFrom the 1st November 2012, a maximum of 7 days uncertified sick leave days is permittedin the period 1st January 2012 <strong>to</strong> 31st December 2013.From the 1st January 2014 onwards, a maximum of 7 days uncertified sick leave ispermitted over a twenty four month period counting backwards from the latest absence.Subject <strong>to</strong> approval of the Head of School/Unit an <strong>eligible</strong> part time employee maynot exceed seven days uncertified sick leave in the periods listed above (calculatedon a pro-rata basis).Any further sick leave must be certified or be deducted from the <strong>staff</strong> member’sannual leave entitlement, for the current or succeeding year, or salary may bededucted. Payment will only take place where there is no evidence of abuse of theregulations including frequent uncertified sick leave and/or where the maximum ofseven days <strong>all</strong>owable is regularly approached and is used as a means forsupplementary annual leave. Where sick leave extends from Friday <strong>to</strong> Mondayinclusive, a medical certificate must be furnished.5.2 Part-time <strong>staff</strong> (including jobshare)The sick pay entitlement for <strong>eligible</strong> part time <strong>staff</strong> will be the same as that for <strong>staff</strong>employed on a full time basis but calculated on a pro rata basis6. Social Welfare Illness BenefitStaff who pay Class A rate of PRSI may be entitled <strong>to</strong> Social Welfare Benefit for absence due<strong>to</strong> illness in excess of three days. <strong>This</strong> must be claimed from the Department of Social andFamily Affairs as soon as possible as the Social Welfare benefit amount will au<strong>to</strong>matic<strong>all</strong>y bededucted from your salary by the payroll office in respect of your absence.How <strong>to</strong> Claim Social Welfarea) Ask your doc<strong>to</strong>r for a MC1 formb) Once completed, your form can be returned by hand <strong>to</strong> your local Social WelfareOffice or by post <strong>to</strong> Social Welfare Services, PO Box 1650, Dublin 1.

c) For lengthy sick leave absences, an MC2 form should be completed and submitted<strong>to</strong> Social Welfare as above.d) Illness Benefit is paid directly <strong>to</strong> the employee by Social Welfare. Thereforedeductions will au<strong>to</strong>matic<strong>all</strong>y be made from your salary by the payroll office.Please note that the option for illness payment paid <strong>to</strong> the employer shouldNOT be selected on your form. In <strong>all</strong> circumstances <strong>staff</strong> should select forpayment <strong>to</strong> be made directly <strong>to</strong> themselves.e) Please note in order for the appropriate Social Welfare deductions <strong>to</strong> be madefrom your pay you must submit a copy of "Disability Benefit - Your weeklyrate - IB8 Form" <strong>to</strong> the Payroll Office, <strong>DCU</strong>. The IB8 Form is given <strong>to</strong> you bythe Department of Social Protection when your disability/illness claim hasbeen sanctioned. Without the IP8 form, sick pay from the University may bedelayed.7. <strong>Sick</strong> <strong>Leave</strong> Without PayStaff members who have exhausted the <strong>all</strong>owance of sick leave <strong>with</strong> pay, or who are not<strong>eligible</strong>, may be <strong>all</strong>owed sick leave <strong>with</strong>out pay.8. Annual <strong>Leave</strong> & <strong>Sick</strong> <strong>Leave</strong>Certified sick leave occurring during a period of annual leave, if notified immediately, willhave the effect of cancelling authorised annual leave. Annual leave will not then beresumed until the <strong>staff</strong> member returns <strong>to</strong> work or provides evidence of fitness <strong>to</strong> return <strong>to</strong>work. A medical certificate is required where an employee wishes <strong>to</strong> commence annu<strong>all</strong>eave immediately following an absence, or for any absences immediately following annu<strong>all</strong>eave. Uncertified sickness occurring during annual leave does not cancel authorised annu<strong>all</strong>eave.Annual leave does not accrue while a <strong>staff</strong> member is on sick leave. However in line <strong>with</strong> theWorking Time Act 1997, an employee’s entitlement <strong>to</strong> a full years annual leave will bedependent upon them being in attendance at work for more than the statu<strong>to</strong>ry 1365 hoursin a year.If an employee works less than 1365 hours in a calendar year (annual leave is based on thecalendar year, January <strong>to</strong> December), then annual leave is accrued on a pro rata basis fortime worked.Example : If you are employed as a Grade II secretary <strong>with</strong> an annual leave entitlement of 20days and are absent for six months of the year, you will work less than the statu<strong>to</strong>ry 1365hours. Therefore you will only accrue annual leave only for the time you have worked i.e. sixmonths. In this particular case it would equate <strong>to</strong> half a year’s annual leave or 10 days.9. Taxation of Illness BenefitFull details on how taxation is applied is available from the Finance Office or the HumanResources Department.