Pay and Benefits

The 'Statutory Sick Pay' (SSP) period lasts for 28 weeks and during this time an employee will normally receive the full rate of remuneration.  SSP ceases at the end of this time and half pay then continues for a further six months, after which time the employer is no longer obliged to pay a teacher under national agreements.  You should receive a letter from your employer giving these details and the appropriate dates of each stage.

If you are still 'signed off' after 28 weeks have elapsed, then you should be sent documentation by your employer which enables you to apply for 'Incapacity Benefit' or another benefit.  'Incapacity' is not at present 'means tested' and therefore you are entitled to it despite still being on half salary for a further six months.  You will be required to meet regularly with an 'Incapacity Benefit' officer at your local 'JobCentre Plus' branch.

Your eligibility for 'Incapacity Benefit' will be carefully examined through a JobCentre Plus questionnaire, probably followed up by further assessment by a GP, assigned through a provider contracted by the JobCentre Plus to deliver this service.

You will have an interview lasting for 45 minutes or so during which you will have your blood pressure, pulse and breathing/lungs examined.  You should expect to have a waiting time of up to an hour for this meeting.

Apart from specific questions you will be asked a large number of casual questions about your day to day life which are designed to extract details about the full range of your capabilities to carry out many different categories of employment. 

You should be fully prepared to highlight any health problems that you may have as, apart from appeals procedures, this will be your last opportunity to have your say.  The report sent to the JobCentre Plus will determine your eligibility for Incapacity Benefit and a wide range of other benefits.

Each 'line' from your GP is completed by you and then sent to your school,  After 28 weeks absence, however, you should send the ‘line’ to the JobCentre Plus and a copy to your school.  Upon your recovery the GP will provide you with a 'line' to say that are fit for work and the date on which you will return.  Full remuneration is paid from the day you commence work, even if a 'Phased Return to Work' has been agreed.

If you are taken off Incapacity Benefit you will find that the payments cease immediately after the date of the 'medical' itself, there is no period of grace and you may wish in the meantime to organise a meeting with your Incapacity Benefit Officer. An appeal has to be lodged within a month and you may get some limited benefit in the meantime.

Your own GP is likely to sign you back to work immediately upon receipt of the letter from the JobCentre, so if possible, preparations should be made in advance if you have negotiated a phased return to work, etc.

By now you should have been taking advice from your professional association (SSTA, EIS, NASUWT, PAT, etc) for some time and a wide variety of ways forward should have been explained and discussed in full.

Other options for your continued employment are 'Stepping Down' procedures if you are in a promoted post, giving you the opportunity to work as an unpromoted teacher (possibly in a part-time capacity), also you could return to work with assistance being provided to you though the provisions of the 'Disabilities Discrimination Act'.

If you are presently aged 55 or over you could investigate the 'Winding Down' provision introduced through 'McCrone'.

If a suitable position exists you might be eligible to be 'redeployed' within the Local Authority in another capacity. Your employer will not of course create a post for you, but will ask you to complete a 'Matching Profile,' similar to a 'C.V.,' after which you may be asked to meet with an officer from 'Personnel Services' to assess the situation. 'Job Opportunities Bulletins' from your local authority should then be made available to you. If a suitable job appears then you should contact your 'Personnel Officer.'

Finally, dismissal with pension, without a pension or straight resignation. Any decision to resign will make you ineligible for State Benefits.

If you fail to qualify for 'Early Retirement' at the first attempt then you can ask for an immediate review which will be assessed by a different doctor. This step may involve another interview and any further medical details of your condition should be put forward for consideration after you have discussed the reasons for the first rejection. The Scottish Public Pensions Agency (SPPA) will not have access to any details of your medical condition which have been recorded by your employer (Occupational Health Service & Counselling) or the JobCentre (Incapacity Benefit medical examination). If you decide to formally 'Appeal' called requesting a 'determination from SPPA on behalf of the Scottish Ministers' and you are turned down again, then that is the formal end of the process. You can ask for a 'review' first and then 'appeal.'

All of these options will require clarification by professional advisers.

After around 18 months, if you are still unable to return to your work, the local authority is likely to move to dismiss you on the grounds of your lack of 'capability' to perform your job.