Signed off for a year

[PrimaryTeacherabc]

At my school, we have a member of staff who has been off sick with stress for 6 months straight now. This was a month after the person had been put onto an informal capability plan. We are all aware that experienced teachers have the right to full pay for 6 months and half pay for 6 months.

We were all surprised to hear, that the person in question didn't resign in May to leave in August. We all thought that maybe they were intending to return, as they hadn't resigned. However, they have been signed off again for another three months, presumably on half pay. It's all hush hush, but I, and the rest of the school are curious about the situation.

Occupational health are involved, that we know, but what do they do? Can they disagree with the teacher's doctor, who keeps signing them off? If not, what do they actually do? If a qualified doctor says someone is unfit for work, what can occupational health do? It's a curious situation, as it's got round that the situation is getting "messy".

I appreciate that this is confidential, but ofcourse staff talk about it, as we have had to cover for the person in terms of planning, covering their class etc etc. The person was also designated a class for next year, which was also bizarre, but obviously they won't be back for September. Again, a year team is wondering who their year partner will be (including sharing planning etc) knowing that it won't be the person off sick!

I guess my question is, can a person just keep being signed off and return after a year? Can their employment be terminated before the year is up? It's all very bizarre.

There will be policies and procedures to be followed. Eventually, someone can (as far as I know) be dismissed on ill health grounds.

Ultimately, it's best not to speculate as ultimately, if their doctor says they are not fit for work, they are not. Occupational health can make recommendations which may support someone returning e.g. reasonable adjustments to working hours but it will vary on a case by case basis.

There may well be a lot more to it than you and others are privy to.

If the workload around setting cover etc is an issue, that needs to be raised with the relevant senior member of staff. Not in 'what's happening with Mrs X, is she planning to come back' sort of way but a 'we understand that Mrs X is off and want to ensure her classes are provided with appropriate cover, but we are struggling with the additional workload, can we discuss how we can make this easier' way.

As a HoD, I've had staff off long and short term and it can be brutal setting cover every day for extended periods so I do sympathise.

It's absolutely none of your business.

This. I have been a HoD setting cover work long term, and at the moment I am off long term sick with what will be a permanent disability. If I though my colleagues were surprised I didn't resign before the start of the new term, I would be devastated. Long term absence can happen to anyone. Perhaps put yourself in your colleague's shoes for a moment and have some compassion?

The problem is, it is my business, as we have had to split classes due to not being able to get supply. I and other colleagues have had to do extra planning too. We have had 45 children each on some days to teach, as "we don't know if the teacher will be returning". That needs to be addressed by management, it's not the fault of the person who is off I know but when you keep getting signed off month by month, it leaves the school in a predicament as they can't employ a replacement and most supply teachers want a long term post, not just a month.

We know the teacher went off as soon as they were told that they were on an informal capability plan. I know the person and know that they are P! Ssed off about this and intend to drag this out for as long as they can, and their words (get everything I am entitled to). I totally understand their position and have sympathy and don't blame them but I am interested in the law, not the emotional side of it. Yes we were surprised that the person didn't resign, because they told us before and during their informal capability plan, that they wanted out of teaching and were angry with the school leadership for putting them on a capability plan. Whether they should or shouldn't haven't been put on one is not for me to say. Too many jump in with emotion and say have compassion. Who says I don't have compassion? I still want to know how and if this will be resolved, when this situation has caused myself and others a lot more work and problems.

So my question is more about how long can the school be left in limbo, before being able to replace? My question is more based around, how long do we have to be left teaching 45 children a day, doing extra planning, stepping in when supply teachers don't control the class, don't mark the books etc etc. I don't want sympathy or cries of be compassionate l, I just want to know what the law is on how long children can be left without a teacher.

Isn’t the law that they don’t need an actual teacher these days?

Signed:

Hard working, flexible supply teacher who plans and marks, follows behaviour policy (but is rarely backed up) and gets paid very little.

Or, signed bone idle, diva like, massively overpaid useless supply teacher.

(Subjectivity rules)

P.S. Don't forget that stress can make you ill. Being put on capability is undoubtedly stressful.

PPS. There will be a school/ MAT policy somewhere that will give you that information. If they have been allowed more time off than the policy states it is probably because the school didn’t follow their policy.

I accept it can be annoying to arrange cover work but if it’s excessive workload contact your union about your workload - not about the person who is off sick.

Until the person resigns or is dismissed. But it really isn't your business.

If you have issues as a consequence, then you need to take that up with the head.

U ask why they haven't resigned? Perhaps they can't afford to. As for setting cover, I know this can be incredibly stressful. Hope things settle

I’m surprised no one else has gone off sick with stress. What a mess!

Is it primary or secondary?

Have a conversation with your line manager about your unsustainable workload, but don't make it about the person who has been signed off. Ultimately, the school can dismiss them, presuming they've followed the correct process. I agree with a PP that if this is dragging on, it's probably because they have done something wrong, which is likely what the "getting messy" rumours are about. There's not much you can do about it, other than state your grievances as to how this is negatively affecting you.

I think this situation can be very tricky in primaries (which I'm guessing it is based on the OP's username) because teachers in single-form and smaller schools have to plan everything so it's difficult in a two-form entry school to claim there's too much planning-relates work to do just because you suddenly don't have anyone to share it with. It's rubbish though if all other year groups are sharing and you do also end up dealing with any issues the supply teacher has if they're in your year group.

Teaching classes of 45 is just ridiculous OP and frankly I'm surprised you can fit them in a classroom. That is what I'd be focusing on when speaking to SLT.

I know its not helpful, but as someone who had a massively prolonged return to work following glandular fever that became CFS/ME it can be complicated and it's a massive thing to resign through illness. Your issue here is with SMT and long term management of the situation, not the colleague

You need to separate your feelings about your own workload and the extra work from your nosiness and annoyance with the teacher off work. It really is none of your business whether they are sick or not. You can and should however be complaining about the extra workload for you and others.

Unfortunately on here the advice is often given on here when people are put on capability to ‘get signed off for stress’