Not being paid as a teacher whilst off sick

[Breadandsticks]

My partner is a teacher. He had major surgery. He spent 1 month waiting for a diagnosis and surgery - which was delayed twice due to complications, so then he spent another month waiting for a new surgery date. The recommended recovery period was 6 weeks, so after the surgery he took a month off. He has been off work for about 3 months.

His school stopped paying him after a month despite having all of the notes from the GP. They’ve asked him to go back to work 4 weeks after the surgery and he is really struggling. The union has gone quiet.

Is there anything we can do? He needs more time off, but his head of department is constantly hinting that he should quit. Surly this is unethical?

UK?
What does his union say?
What does his contract say?
There's more to this - Mumsnet isn't your first port of call, surely.

Check with union & also get him to contact HR. If he is new then maybe he hasn’t worked enough time to be eligible for sick pay? I think most schools including academies follow what was burgundy book.

I hat are his contractual rights to sick pay? My last job I just got 6 weeks.

It will depend on his contract and length of service in the role.

As far as I’m aware should be 6 months if signed off and his union needs a rocket up their backside. Head teacher should also be contacting him occasionally to check how he is then he should have phased return.

You can read his contract properly to understand his sick pay entitlement.

You can also get on the phone to the union daily to get them to do what they take their dues for.

If he’s back and struggling he needs to go back to the surgery team or GP about a fit note that appropriately reflects capability.

Is he covered by the Burgundy Book? And what is his length of service?

“For those teachers who are eligible, the Burgundy Book provides for 100 days’ sick leave at full pay and 100 days at half pay following four years of continuous service with one or more local authorities, based on a 25-day increase per year for the first four years for access to both full pay and half pay.”

No MN isn’t. It has been going on for over 3 months, yes in the UK. I don’t think this is normal at all. The union were responsive at first but have gone quiet - they just offered the emergency salary (sorry can’t remember the official name). I’m finding that we are not getting anywhere in real life so thought I’d ask.

He has been there for 6 years. They asked him to return to work without a plan. No phased return which he asked for a few days after returning and HR are waiting to get this approved. Strange!

I’ve told him to just get a sick note and take time off as he hasn’t recovered and I’m worried - but he is just pushing himself to go. I think because they haven’t paid him in 3 months, he feels it’s the only way.

The school haven’t adhered to the contract, he is entitled to sick pay. But it seems we are hitting a brick wall with everyone that is supposed to help including HR. Headteacher hasn’t been in touch. There is something strange going on - as when he returned 4 colleagues have left - isn’t that weird during the school term.

Thanks anyway. I’ll discuss this all with him in the morning.

Firstly what is the exact wording regarding sick pay in his contract?
Is he employed by a LA or an Academy or Private school?
Has he spoken to HR?
Has he submitted office Dr’s lines?

If the union rep isn’t being helpful call the union helpline.

The above poster has given good advice.

1. He needs to check the exact wording about sickness pay in his contract.
2. Then check that he’s complied with the requirements of it. That probably means self certifying for the first 5 days and then providing Fit notes from a doctor. Without doing that he’s unlikely to qualify for sick pay.
3. Assuming he has complied with those requirements,
4. Make a formal complaint to the HR or payroll person about not being paid and ask for a response within a certain time frame. A couple of days is reasonable.
5. Get in touch with the union (central organisation not just the local rep) and formally ask for support. If they say it’s already being provided ask to make a complaint about it’s progress.
6. Contact ACAS about raising a case relating to not being paid. Theyre the arbitration service.

The school haven’t adhered to the contract, he is entitled to sick pay.

It really depends on his contract and what sick pay he’s actually entitled to. 3 months of full paid sick leave would be very generous and many people will not have anything like this. I wouldn’t assume this is what’s in his contract.

In addition to his salary/contract being sorted, he requires an Occupational Health (OH) appointment too ( LA maintained school, not so sure about arrangements in academy schools).

OH will report to school leaders on his illness and recovery, including absence and phased return. School leaders will abide by the guidance of this medical professional.

He can ask HT/HR to make a referral.

Any further forward today @Breadandsticks?

Most teachers are entitled to 6 months full pay, if under the burgundy book.

Is he employed as a teacher rather than in a TA or pastoral role?

He needs to contact his regional union rep.