Employer won't accept self-certification - advice please!

paulac_3

Hi

I have worked in a secondary school as a teaching assistant for seven years and in that time have only had a couple of short periods of sickness.

I am currently working only two days a week and at the end of last term went down with a virus, so I followed proceedure and informed my line manager and duty manager on each of the two days I took off sick.

My second sick day was also the last day of term. That morning, after I had called in sick the Head's secretary left a message on my answer machine to tell me I would need to bring a doctor's cert on my return. Since I've rarely been off I assumed self certification would be fine, so two weeks later when the school reopened I took it in to the secretary. She said she couldn't accept it - it had to be a doctor's cert.

I disputed this with the Head who said this is commonly accepted in schools, since the holiday meant I couldn't prove I was fit to return to work during the self-cert period. I called my GP who said she wouldn't have given me a cert even if I had gone to the surgery as it was within the self cert period, although she could have given me a private one (which the Head has told me he wouldn't pay for).

We've now reached a stalemate. The Head's solution is that I accept a two week and two day sickness absence on my record. I don't think I should have to agree to this as I was prevented from "proving my recovery" by the school's closure.

Does anyone have any idea which of us is right? By the way this policy is not in my contract - I've asked the Head if he can tell me where I can find it in writing and so far he hasn't obliged.

I feel as though my honesty is being called into question over this and would really appreciate your help.

Regards

sammyjammy

Hmm tricky one and I'm far from being an expert, you say you've asked him to provide you a copy of this policy, have you put this request in writing? If not do so. Another thought is to contact the relevant local authority, as far as I know schools don't make up their own sickness policy and even if they did it would be written up and clearly available to any member of staff that requested it.

Sounds like you've got a right one there, good luck.

Sam

sammyjammy

I just checked with my sister who also a Head, she categorically said no way would it be treated as sick for more than the two days you were actually sick, however she did also say that the sickness policy is created by individual schools (within the law obviously). She suggested you contact one of the governers if you need to take it further.

Let me know how you get on.

Sam

zzzLazyDaisy

Hmmm.... so given that the head is insisting that you must accept a two week sickness absence over the holiday period in spite of your assurance that you were in fact fit to return (and during which time you were prevented from returning owing to the school being closed), presumably you are also going to be compensated for the loss of your contractual holiday by allowing you to take two weeks off in term time?

Nope. Didn't think so.

Do you have a copy of the school's grievance procedure?

Caffca

Blimey, you have got a right one as a Head - reminds me why I quit working in a school.

Firstly, if they have a sickness policy (or any other policy for that matter) and assuming they are part of the local authority education service, they will have, all employees must be able to view any policy at any time without having to go through a manager to get to it.

That aside the rules around short-term sickness absence are clear, 7 calendar days or less and self-certification is fine. There is no requirement for a "Fit Note" (replaced sick note on 6/4/2010).

If you look at page 18 on the guide written by DWP and ACAS together - link here to launch page - it is clear, self-certification for 7 days.

If that is insufficient for the Head, then there are also these:
from direct.gov here
Telling your employer about your illness
If you have been off work sick for seven days or less your employer can ask you to confirm that you’ve been ill. You can do this by filling in a form yourself when you return to work. This is called self-certification. Many employers have their own self-certification forms. If your employer doesn’t have their own form, instead they may use an Employee's Statement of Sickness form. If you have been off work sick for more than seven days you will need to get a Statement of Fitness to Work (fit note) from your GP or the doctor that treated you in hospital.

from businesslink here
Statement of Fitness for Work
The Statement of Fitness for Work (also known as the fit note) is the new Medical Statement that doctors issue to patients whose health condition affects their ability to work. The Statements are only issued after seven days of sickness absence, before this employees can self certificate.

Had the school been open the following week, you would have returned to work. The fact that you could not because of the holiday is irrelevant. You were fit to work and would have done so if the opportunity was there.

If the Head will not back down then I would suggest you speak to the LA HR department and if that does not sort it, then submit a formal written grievance to the Head and copy it to both the HR department and the chair of the school governers.

Joannag_2

My suspicious mind would suggest they think you went on holiday and needed a couple of extra days tagged on to the school hols. Did you go on holiday during the Easter break? They may have put two and two together and made five.
Hope you get it sorted soon - are you in a union?

paulac_3

Thanks so much for all your replies and suggestions - I will certainly look into those links and Sam, I will check it out with one of the govenors. I'm not going to give in without some kind of evidence of the policy.

Joannag - I think you are right to suggest that this is designed to prevent people extending their holidays, but definitely not in this case - I was home for the entire holiday. However, surely any sickness absence would be open to the same doubt - Mondays/Fridays extending the weekend?

looby-loo_2

The head is right as the rule used to be for teachers. If you didn't go in on your last or first working day of the term then the whole of the holiday was added on to the sick days and pay could be lost if no note produced.

AFAIK that was long ago and now self certification is fine, it certainly is at my school. The head is living in the past.

Does the head have anything against part timers? My head will not employ anyone for less than three days, teacher or support, no exceptions. I don't know if this is becoming the norm.

zzzLazyDaisy

If this is in fact a policy to stop staff taking extended holidays, then you will find something in the sickness absence policy to the effect that if you are absent on the last working day prior to a holiday, then you will be deemed to be on sick leave for the duration of the holiday.

The mind boggles how they would treat the summer holidays.

Alternatively, if the head does not believe that you were genuinely sick, then the appropriate action is to commence disciplinary proceedings and give you a full and fair opportunity to answer the allegations.

MrsManda

paulac wrote: »

However, surely any sickness absence would be open to the same doubt - Mondays/Fridays extending the weekend?

Many offices will state that you were sick for the whole weekend if your sick period goes over a weekend so if you are sick on a friday and go back in on Monday your sick record shows 3 days.

kingfisherblue

There is a poster called Tafkam on www.tes.co.uk who is an expert in legalities in schools. There are, of course, others as well, but Tafkam seems to be the most knowledgable. He should be able to advise you on how to fight this if you are not in a union.