Part-time teachers
The relationship between Statutory Sick Pay and the Burgundy Book
Medical certification for access to the provisions of the Burgundy Book
Absences caused by accidents injury or assault and the Burgundy Book
Infectious or contagious diseases and the Burgundy Book
Academies and free schools for teachers working in England
Independent schools
Supply teachers and the Burgundy Book
Sickness absence FAQs
The overwhelming majority of teachers working in publicly funded schools in England and Wales have their entitlements to sickness absence leave and sickness absence pay set out in the Burgundy Book, which is a national agreement that is incorporated into teachers’ contracts of employment.
The Burgundy Book provides the following sickness absence leave and sickness absence pay entitlements for teachers based on the aggregated length of service [1]:
| During the first year of service | Full pay for 25 working days, and after four months’ service, half pay for 50 working days |
| During the second year of service | Full pay for 50 working days and half pay for 50 working days |
| During the third year of service | Full pay for 75 working days and half pay for 75 working days |
| During the fourth year of service | Full pay for 100 working days and half pay for 100 working days |
If you are employed under the provisions of the Burgundy Book, then this represents the minimum sickness absence leave and pay that you are entitled to each year, capped at 100 working days after four years of aggregated service.
It should be noted that employers do have discretion to extend this under the provisions of the Burgundy Book.
As the Burgundy Book references ‘working days’, only the 195 days of the academic year that the vast majority of teachers in England and Wales work are counted. As such, holidays, weekends, half-term breaks, bank holidays and the breaks at Christmas, Easter and summer do not count against your entitlement.
If you are absent due to sickness, then you will still continue to receive either full or half pay, as appropriate, for the period you are off sick, including any non-working days, meaning that you should see no difference in how and when you are paid by your school during any period of sickness absence. However, if your sickness absence carries on past your sickness absence leave and pay entitlement, you will go down to no pay.
For the purposes of the provisions of the Burgundy Book, the sick leave year runs from 1 April until 31 March, with a new entitlement starting each year on 1 April.
If you commence your first teaching position in September, the first year of service under the provisions of the Burgundy Book would run from 1 April that year until 31 March the following year. For example, if you took up your first post in September 2022, your first year of service would run from April 2022 to 31 March 2023, but you would only be able to access this if absent from September 2022 following the beginning of your employment. From 1 April 2023, you would be in your second year of service.
Alternatively, if you move from one local authority school to another, your new employer should take into account your service as a teacher for the purposes of any entitlement to sickness leave and pay. This would also include any periods of sickness absence you have had with the previous local authority for the relevant sick pay year.
Under the provisions of the Burgundy Book, you continue to accrue service for the purpose of the scheme if you are on sickness absence leave. For example, if you were in your first year of service and had not completed four months’ service prior to a period of sickness absence leave, you would still continue to accrue service whilst you were absent on full pay. At the end of that period, if you had accrued four months’ service, you would then be entitled to receive half pay for 50 days.
Should a situation arise when you are still on sickness absence leave on 31 March, you will not be entitled to access your new entitlement from 1 April until you have recovered and are back at work. If your illness continued into April and subsequent months, it would continue to count against your sick leave entitlement from the previous year.
The entitlement to sickness absence leave under the Burgundy Book is based on your total aggregated service as a teacher and is not based on a period of continuous service with a school or schools. This means that a break in continuous service has no impact on your entitlement to sickness leave and pay under the Burgundy Book.
You should check your contract of employment carefully, as some local authorities have terms and conditions that enhance the provisions of the Burgundy Book.
Part-time teachers
If you are a part-time teacher covered by the provisions of the Burgundy Book in relation to sickness absence leave and pay entitlements, then you should receive sickness absence pay based on your actual salary for up to 100 working days and at half your normal salary for a further 100 working days after four years’ aggregated service.
It is important to note that ‘working days’ relates to days when the school is open, as opposed to the days when you are contracted to teach, so if you are a part-time teaching working three days a week (0.6 contract), you would receive your normal salary for 100 school working days, followed by half of your normal salary for a further 100 school working days.
The relationship between Statutory Sick Pay and the Burgundy Book
Statutory Sick Pay (SSP) forms part of your sick pay from the fourth day of absence and is payable for a maximum of 28 weeks for any period of sickness absence you may have.
SSP therefore comprises an element of your full contractual pay under the provisions of the Burgundy Book.
If you are in a situation where you move on to half pay, then SSP would be paid on top of your half pay until your sickness absence reaches 28 weeks.
SSP is particularly relevant if you are in your first year of service, as your entitlements under the provisions of the Burgundy Book will be restricted, but you still may be entitled to SSP for the full 28 weeks.
Following this, and depending on your eligibility, you may be entitled to receive Employment and Support Allowance (ESA).
Your employer is obliged to give you notification that your SSP payments are ending, as well as issue you with the relevant paperwork (form SSP1) which you can use to support any claim you make for ESA.
It is advised that you maintain and keep a record of when you started receiving SSP if you are on long-term sickness absence leave.
Medical certification for access to the provisions of the Burgundy Book
Access to the provisions of the Burgundy Book regarding sickness absence leave and pay mirror the expectations that required for SSP, namely that you complete a self-certification form covering periods of absence less than seven days and for those absences lasting longer than seven days, you provide a ‘fit note’ from your doctor.
You would still be expected to submit any ‘fit notes’ or relevant medical information, as appropriate, if your sickness absence leave continues into a school holiday period when your school is closed.
However, there is no requirement for you to attend school if you are on sickness absence leave prior to a period of school closure in order for you to get paid during the school holiday.
In some circumstances it may be the case that you are required to produce a ‘fit note’ at an earlier stage, or on a more frequent basis, depending on the nature or frequency of your absence.
Your employer may also ask you to see a medical practitioner that they have appointed, such as the employer’s occupational health service.
Indeed, the Burgundy Book does specify that you can be asked at any time to be examined by an approved medical practitioner if there is a concern about a prolonged period of absence or frequent spells of absence. Any cost involved in this is met by your employer.
In addition, your own doctor can be present at any such examination if you request it.
It should also be noted that refusal to attend an appointment with the employer’s medical practitioner may result in a suspension of occupational sick pay.
You may want to check the sickness absence policy in your school to see if there are any additional expectations on you, such a requirement to fill in forms and/or attend return-to-work interviews.
Any such additional burdens should not impact in any way on your entitlement to sickness absence pay under the provisions of the Burgundy Book, as these do not form part of the scheme.
Absences caused by accidents injury or assault and the Burgundy Book
If you are absent from work because of an accident, injury or assault which occurred in the course of your employment, you will be entitled to full pay for up to six calendar months. This includes if you have an accident at work when undertaking extra-curricular and/or voluntary activities.
It should be noted that this is in addition to the provisions for sickness leave and pay outlined above.
If a situation arises where you are still absent after six months, then an extension may be granted. If no extension is granted, you would be entitled to the normal sickness absence leave and pay as outlined above, based on your aggregated service.
Infectious or contagious diseases and the Burgundy Book
If you are absent because of an infectious or contagious disease and there is evidence [2] that this was contracted a direct result of your employment, you will be entitled to full pay for up to six calendar months.
If a situation arises where you are still absent after six months, then an extension may be granted. If no extension is granted, you would be entitled to the normal sickness absence leave and pay as outlined above, based on your aggregated service.
In the specific case of pulmonary tuberculosis, if your condition has been certified by a medical practitioner, then you will be entitled your full salary for a period of 12 months, with the discretion of the employer to permit a further period of sickness absence on either full or half-pay.
If you have an infectious disease which was not contracted in the course of your employment, then you should contact your employer as soon as possible and then obtain a medical certificate/’fit note’ detailing the situation.
If someone else in the household where you reside has an infectious disease, then you should contact your employer for advice and guidance. It may be the case that you are required to take appropriate precautions following medical advice, including not attending the workplace.
The same would also apply if you have been advised to remain at home for precautionary reasons due to an infectious disease in the workplace.
In such a situation, the Burgundy Book provides for you to receive full sickness absence pay for any enforced absences. This is in addition to the provisions for sickness leave and pay outlined above.
Academies and free schools for teachers working in England
Whilst a significant number of academies and free schools adhere to the provisions of the Burgundy Book, it remains the case that some may operate terms and conditions which do not adhere to the Burgundy Book in respect of sickness absence leave and pay entitlements.
Some academies and free schools may therefore set a different sickness absence leave year, such as one that runs in line with the academic year (e.g. 1 September until 31 August), as well as operating a scheme based on continuous service rather than aggregated service.
Nevertheless, your sickness absence leave and pay entitlements should be clearly defined in your contract of employment, including whether or not the academy/free school recognises previous service with a local authority or another academy.
If your school becomes an academy, you are protected by the Transfer of Undertakings (Protection of Employment) Regulations, often referred to as ‘TUPE’. One of those protections is that changes to the transferred contract cannot be made, unless you consent to a variation to your contract, including if you move on to a different role within the academy. As such, your existing terms and conditions, including those relating to sickness leave and pay in the Burgundy Book, transfer over to the academy and are protected.
Independent schools
Whilst many independent schools follow the provisions of the Burgundy Book in relation to sickness absence leave and pay, you are advised to check your contract of employment carefully, as your employer may have separate terms and conditions in regard to sickness absence leave and pay.
Supply teachers and the Burgundy Book
Unfortunately, supply teachers are not covered by the provisions of the Burgundy Book, including those relating to sickness absence leave and pay, unless you are employed on a temporary contract for a period in excess of a term.
Sickness absence FAQs
What should I do if I am unable to attend work due to illness?
Your school or college should have a sickness absence management policy which sets out the expectations for staff if they are unable to attend the workplace due to sickness.
This is likely to include a requirement for you to contact the school/college by a specific time on the morning of your absence, normally before the start of the school/college day. The policy may also specify who you are expected to contact.
Most policies will expect you to make the contact with the school/college yourself, although this will depend on the circumstances of your illness and whether or not you are able to do this. In circumstances where you are too ill, it should be possible for someone else to contact the school/college on your behalf.
Unless there are extenuating circumstances (e.g. you have been admitted to hospital), you should try to avoid a situation where you do not contact your school/college, as this could result in a situation where you are classed as taking unauthorised absence. A consequence of this is that the school/college may decide to take disciplinary action against you, as well as loss of pay.
Am I expected to attend an interview with my school/college when I return to work?
Depending on the sickness absence policy in your school/college, you may be required to attend a return-to-work meeting to discuss your sickness absence. This usually applies in a situation where you have been off work for an extended period of time, although some policies may require a return-to-work meeting irrespective of the length of time that you have taken for a period of sickness absence.
It is good practice for a designated person to hold an informal return-to-work discussion with you to explore the reasons for your absence(s). This enables your school/college to ensure that you are fit to return to work, as well as seeing if there are additional considerations or actions which your school/college needs to undertake to aid your return to work.
Return-to-work meetings also enable you to provide any relevant medical certification required by your school/college.
Do I need to get another ‘fit note’ if my GP says that I am fit to return to work from sick leave, but my school/college won't allow me back to work?
If a situation arises where your GP has signed you as being fit to return to work and your school believes you are not fit to work, then your school should place you on medical suspension with full pay until the matter is resolved.
This should therefore not count towards any sickness absence leave and pay under your contract of employment.
Can my school/college refer me to occupational health?
If there is a concern over a prolonged period of absence or frequent spells of absence, your school/college may decide to refer you to an occupational health (OH) specialist for further assessment. Some employers also allow employees to self-refer to OH.
The objective of OH should be to protect and promote your health and wellbeing, and, as such, OH should be able to offer professional advice and support to increase the likelihood of a successful return to work, particularly if you are returning from long-term absences.
OH specialists have the dual role of:
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supporting the employer by assessing the effect of your health and fitness on your ability to perform your job; and
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supporting you by examining the effect of your work and the working environment on your health and wellbeing.
Your employer should be expected to meet any costs associated with an OH referral and any time off for an appointment should be with pay.
You should have access to any OH report and be able to query any concerns before giving permission for the report to be sent to your school/college.
What happens if I become ill whilst working on a fixed-term contract, e.g. maternity cover?
If you fall ill whilst on a fixed-term contract, you have the right not be treated less favourably than permanent employees on a range of terms and conditions of employment, including sickness absence leave and pay.
However, if your contractual terms specify a length of service for eligibility to sickness absence leave and pay, then you will be expected to meet the qualifying period in the same way as a permanent teacher.
If employed under the provisions of the Burgundy Book, the Union maintains that you should be entitled to sickness absence pay based on the aggregated service you acquire in the post, as well as any previous aggregated service you have acquired.
In situations where you are absent for a significant period of your fixed-term contract, your employer may argue that the contract is ‘frustrated’, meaning that you are no longer able to fulfil your contract on the terms agreed.
In such a situation, it is important that you contact us for further advice guidance from the Union as soon as possible.
How does sickness absence impact on a reference?
Your employer has an obligation to be truthful about the facts of your employment, including if asked about your sickness absence record.
Data on sickness absence can be considered sensitive data and it is therefore good practice for your employer to get your written permission to provide details to a prospective employer if in addition to the number of days you have had absent in a specified period of time.
However, it should be noted that simply providing references which state your length of service and the number of days you were absent from work, regardless of the reason, could still be potentially discriminatory if there is no objective justification for this approach, as it could indirectly discriminate against you if you were absent because of a protected characteristic.
In addition, your employer should not provide details of any sickness absence connected to a protected characteristic under the Equality Act 2010 to a prospective employer, such as absences related to maternity or disability leave, as this would breach your confidentiality.
Furthermore, the Equality Act 2010 prevents a prospective employer from asking about the health of an applicant before an offer of work is made.
Should I be providing or setting work whilst I am off sick?
You should not be expected to carry out your usual duties or set work for classes if you are absent due to sickness.
Your school/college should have arrangements in place to provide appropriate lessons for your classes, as well as cover for your absence.
Should my school/college be contacting me whilst I am off sick?
Depending on the specifics of your school/college sickness absence policy, your employer may wish to contact you when are on sickness absence leave, particularly if this is likely to be long term.
Your employer has a duty of care to you, including when you are on sickness absence leave, so they may wish to keep in touch on a regular basis to ensure that you are alright and see if there is anything that can be done by the school/college.
However, such contact should be agreed with you, including the frequency and duration of the contact, as well as whether any agreed contact is done face-to-face or virtually.
If it is agreed that it is going to face-to-face then it may be appropriate to conduct this off site at an agreed location. It may also be appropriate to have a third party present, such as a trade union representative.
Any contact from the school/college should not put you under any undue pressure, particularly if it is likely that any such contact could have a detrimental impact on your health and wellbeing.
Does being absent with sickness prevent me from doing other things?
Depending on the nature and extent of your illness, there is nothing which prevents you from doing anything else which may aid and promote your recovery. Being signed off sick does not automatically confine you to your house or mean that you cannot do anything else at all.
Being signed off sick means that you are not fit to attend work and perform your duties. However, you can do other things in the meantime that are not linked to your job.
Indeed, depending on the nature and extent of your illness, your GP or medical specialist may prescribe other activities to aid your recovery, such as walking or attending the gym. In some circumstances, your GP or medical specialist may even prescribe a holiday to assist in your recovery.
However, you should give consideration to how this might be perceived, particularly if you post things on social media.
In addition, depending on what you are doing, it may be case that you should look to seek permission from your school/college.
Footnotes
[1] Aggregated service is usually based only on your service in local authority maintained schools, unless otherwise stated in your contract of employment.
[2] Including certification from the employer’s medical practitioner.