If an NHS employee has a second period of sickness requiring another six months off within 11 months of the first day of sickness, their entitlement to paid sick pay will depend on the total paid sickness absence within the rolling 12 months preceding the new episode.Sick pay is not a fixed annual entitlement but is counted over a rolling 12-month period, and any prior paid sickness absence is deducted from the total entitlement.
How It Works
Rolling 12-Month Period:
Your employer counts any paid sickness absence from the 12 months immediately before the start of your current sick leave period.
Deduction from Entitlement:
The new six-month absence will be paid according to your NHS Agenda for Change (AfC) terms and conditions,but you must subtract any paid sick days you've already had in that rolling 12-month window.
Impact on Sick Pay:
If your prior paid sickness absence is significant enough, your entitlement to full pay for the second period may be reduced, and you could move to half pay or statutory pay sooner.
Example
1. First Sickness:
You are off sick for 6 months.
2. Second Sickness:
You return to work for a short time but are then off sick again with a different or recurring issue for a period that also totals 6 months.
3. Within 11 Months:
This second period starts within 11 months of the start of your first illness.
4. Calculation:
In this scenario, your employer would look at your entire paid sick leave entitlement (e.g., 6 months full pay and 6 months half pay after 5 years' service) and subtract the paid sick days you already took.
Key Considerations
Check Your Contract:
Your specific entitlement can depend on your length of service with the NHS, so it's crucial to check your contract and the relevant AfC terms.
Contact Your Manager:
You should speak to your manager to clarify your specific situation and entitlement.
Occupational Health:
For long-term sickness, especially if dismissal is a possibility, your employer will likely involve Occupational Health and may consider reasonable adjustments under the Equality Act 2010.