Extract from the Sick Pay Arrangements
Suffolk NUT Commentary: The section of the Burgundy Book reproduced below gives the regulations which apply if a teacher is forced not to work because of an accident, injury or assault. It includes injury from verbal abuse and harassment or bullying.
Suffolk NUT Interpretation: The effect of the regulation is that a teacher in these circumstances will not revert to half pay after the period of full sick pay expires. The period of sick pay is extended for another 6 months in all cases, automatically, then may be subject to further discretionary extensions.
Suffolk LEA usually accepts the opinion of the Occupational Health Physician to register the absence(s) as being due to "accident, injury or assault". It is also possible to register with the Benefits Agency as an "industrial accident".
See full guidelines and advice on injuries at work.
In practice, some resolution to the employee's future is negotiated via the Union before the termination of the first period of extended sick pay. If it is not, and the school or LEA has contributed to any delay in reaching a resolution, the Union would argue for further extensions under paragraph 9.2.
Any NUT member off work due to accident, injury or assault should always contact the Division Secretary straight away.
Teachers' Conditions of Service (Burgundy Book) Section 9.
Absences arising from accidents, injury or assault at work
9.1 In the case of absence due to accident injury or assault attested by an approved medical pracitioner to have arisen out of and in the course of the teacher's employment, includintgattendance for instruction at physical training or other classes organised or approved by the employer or participation in any extra curricular or voluntary activity connected with the school, full pay shall in all cases be allowed, such pay being treated as sick pay for the purposes of paragraphs 3 to 7.5 above, subject to the production of self certificates and/or doctors' statements from the day of the accident, injury or assault up to the date of recovery, but not exceeding six calendar months.
9.2 Where a teacher is still absent due to accident, injury or assault after the intitial six months' period, the question of any extension of payment under paragraph 9.1 shall be considered. In the event of no extension of leave being granted under paragraph 9.1 the teacher shall be entitled to normal sick leave and pay under the terms of paragraph 2.1, according to his/her length of service as prescribed by that paragraph.
9.3 Absence resulting from accidents, injuries or assaults referred to in sub-paragraph 9.1 shall not be reckoned against the teacher's entitlements under paragraph 2 above, though such absecnes are reckonable for entitlement to Statutory Sick Pay.
9.4 For the purpose of sub-paragraph 9.1 "absence" shall include more than one period of absence arising out of a simgle accident, injury or assault.