Sick Pay 12 Month Rolling Period

cezairs

Thank you for the reply


I have had 21 days half pay that was my entitlement in January 2017. My employer gifted me a further 25 days of half pay.


Those days she has used there are just an example as are the dates in the rest of the email,


From Sept 4th 2016 and Sept 4th 2017
I have had one operation and 21 days half pay from my sick entitlement.
I have no idea where I stand with the gifted days ?


I have contacted UNISON in the hope I can get some help.

TELLIT01

I get the impression that even HR aren't convinced that they have it right so the UNISON route is probably the best way to go.
I would have thought the absences in January 2016 and May-July 2016 would have 'fallen off' by now so shouldn't be involved in calculation for any current absence.

Manxman_in_exile

OP - as you say, HR have simply given an "example". When I first read your post I thought the answer was obvious. (I used to monitor sickness absence across a NHS trust). But the more I think about it the more I confuse myself. I know what a "rolling 12 month period" is, but I'm having difficulty applying it in practice. (Probably been retired too long!)


The question must be: "How much of your sick pay entitlement has been used up in the last 12 months?"


You need to address this question to HR and you also need to ask them for their calculation of what they think you are currently entitled to. In my experience, HR generally get this sort of thing right, but they also get many calculations wrong. You need to see how they've arrived at their answer.


(The difficulty I'm having is envisaging sickness dropping out of the front end of the rolling 12 months and this "reviving" an entitlement to sick pay. That doesn't seem right to me, but perhaps I'm too thick to come up with a good example).

Manxman_in_exile

cezairs wrote: »

Wording in my paperwork I have is -
During any period of one year, if you are absent by reason of sickness, you are entitled to sick leave with pay as follows :
Full pay for 30 working days and half pay for 30 working days.

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I've probably drunk too much Stoli but...


You said in the OP "12 months rolling period" but you say your contract says "period of one year".


Are these the same? Does your contract define "period of one year"?

getmore4less

In one place they say it is not a calendar year(don't count holiday) but then use a calendar year example.

Get the policy they don't seem to have a clue.

Manxman_in_exile

And what do HR mean by "holiday breaks are not taken into account"?


Do they mean they don't form part of the rolling year(!) or do they mean payments made then don't count?


They seem to be saying you may think you've been paid more days than you're entitled to(?) so maybe it's the latter.


Seems far too confusing to me.


You need to challenge HR to provide the calculations, and if you can't understand them, ask HR to explain (if they can!).

cezairs

Thank you all again.
My difficulty has been getting actual dates and days from them.
She just keeps giving me examples..............why not just use 'my dates and days' ?!?


I work in a school and work 40 weeks am paid 4 weeks holiday but pay is spread over 12 months.
I am wondering if they are saying its 12 working months.......which even if they did the dates would still only include my January op.


I have asked her to clarify the exact time period we are talking about first, I will then ask her what time she thinks I have had off in that space of time.


I am differentiating here as I would for the students I work with............which I really shouldn't have to be doing !


As well as UNISON I have asked for clarification from head office.

Manxman_in_exile

Presumably the school has a computerised payroll system? HR should be able to pull your sickness record off the system and show it to you to avoid doubt. They must(?) have already done this to tell you what they think your entitlement is.


It can't be a "working 12 months" (ie excluding holidays) as that would be infernally complicated, surely? The rolling 12 months would keep jumping around as holidays dropped out and dropped in

Manxman_in_exile

In the last rolling 12 months (Jan 2017) you've had 10 days contractual half-pay. (Ignore the additional "extra days" for now). So what about your entitlement to full days pay in that period?


I think HR are saying that because you've almost exhausted your entitlement during the last 12 months (except for the 20 days half-pay they say you can have), you aren't entitled to any more until 12 months after(?) your full pay entitlement expired (Jan 2018?).


Whether that's the correct interpretation, I don't know, but I think that's what they're saying.


Maybe it's me, but a rolling year seems unnecessarily confusing...

ReadingTim

Manxman_in_exile wrote: »

In the last rolling 12 months (Jan 2017) you've had 10 days contractual half-pay. (Ignore the additional "extra days" for now). So what about your entitlement to full days pay in that period?


I think HR are saying that because you've almost exhausted your entitlement during the last 12 months (except for the 20 days half-pay they say you can have), you aren't entitled to any more until 12 months after(?) your full pay entitlement expired (Jan 2018?).


Whether that's the correct interpretation, I don't know, but I think that's what they're saying.


Maybe it's me, but a rolling year seems unnecessarily confusing...

I think you're on the right track, but wonder if the confusion arises by the use of the word "entitlement": it's not like a holiday entitlement which gets refreshed every year automatically

Instead, I wonder if they're thinking of it as a single clock counting down at 30 days at full pay, 30 at half, then the rest at no pay (then, arguably, the sack!). Any period of sickness less than 12 months since the last means you pick up wherever you previously were on the 30 days full/30 days half scale.

The only way you could "reset" the clock is to do a full year without sickness - hence the rolling 12 month period bit.