MANAGEMENT IN CONFIDENCE
Increments
40. Whole days of unauthorised absence do not count for incremental progression. Qualification periods for age-related increments, however, are not affected by industrial action. For all incremental purposes absences of less than a whole day should be ignored.
Service qualifying for improved rates of leave, for probation and for seniority
41. Whole days of unauthorised absence do not count as service qualifying for improved rates of leave or sick leave, or for the completion of probation, or for seniority. For these purposes absences of less than a whole day should be ignored.
Substitution
42. Any unpaid absence of an hour or more due to industrial action breaks the entitlement to substitution pay.
National insurance flat rate contributions
43. Contributions are payable whenever a civil servant has been on duty for more than 4 hours in the contribution week, or alternatively has earned over £9 in respect of a period of paid leave of absence. However, no contribution is payable for any complete week of sick leave. Forms E70 (ESTATERM) and E71 (ESTASPECTERM) should not be issued when a civil servant goes on strike. No action should be taken to advise DHSS that a civil servant is on strike unless special instructions are issued.
Sick leave
44. If a member of staff is absent at the start of a strike period and the entire absence is covered by a medical certificate, sick pay, within the normal entitlement, may be given for the duration of the absence. If the period of the strike is not entirely covered by a medical certificate, sick pay, within the normal entitlement, may be given for the continuous period from the start of the strike covered by a medical certificate. Once the continuity of medical certificates is broken, the officer will receive no pay until he returns to work or the strike ends, when normal rules will apply. Uncertificated sick leave may be allowed in the same way as certificated sick leave, provided he signs a statement that he was unfit for duty for the period in question.
45. Civil servants who fall sick while they are on strike, and who have signed the undertaking (Estains) not to claim National Insurance sickness benefit, injury benefit or maternity allowance, may claim such benefits from their local DHSS office in respect of the period for which they are not entitled to pay.
Granting of annual leave
46. In a period of industrial action it will normally be necessary to restrict authorised absences to ensure the minimum disruption of work. The granting of leave in such circumstances would be hard to justify, particularly if services to the public were further impaired on that account. During a period of strike action it is unlikely that leave could be granted to staff engaged in the areas of work affected. But staff with leave previously authorised should not be required to cancel or to return from leave unless circumstances make this imperative. Leave may be granted for pressing private reasons unconnected with the strike. Annual leave should not be granted retrospectively to cover absence during a strike period.
Granting of special leave
47. Staff will not be allowed special leave, with or without pay, during a period when they are on strike. Officers already on special leave at the commencement of a strike will not be regarded as on strike unless their entitlement to such leave expires and they fail to report for duty.
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MANAGEMENT IN CONFIDENCE
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