Sick Leave and flexi-credits

Employees decide whether or not they are fit for work not their manager.

Sick leave part way through a day

This PCS Briefing is provided to clarify key principles for Sick Leave in DWP following concerns raised by Branches where some managers have refused to award a flexi-credit when employees have decided to go home due to sickness part way through a day. PCS has clarified the proper application of Sick Leave and Flexible Working hours Policy in consultation with DWP HR Specialist Services.

Employee decides when not fit for work

Where an employee determines that they are not fit for work then this is their decision and any resulting absence should be treated as sick leave.

Depending on the nature of the illness it may be reasonable for a manager to suggest they spend some time in the sick room before going home to see if they improve. However if the employee insists that they want to go home sick then they are effectively ‘self certifying’. The decision to self certify is a decision for the employee in the same way as it would be if the employee phoned in sick first thing in the morning. The manager can reasonably ask a number of questions about the incapacity and what other options could be considered as an alternative to sick leave. However, ultimately it is not for the manager to decide whether the employee is fit for work, this is for the employee to decide.

Award flexi credit

Where an employee either chooses to go home on sick leave or is encouraged to go home by their manager this should be recorded on their record, in accordance with the Sick Leave policy, and a flexi credit should be given to make the employee’s hours up to their normal conditioned day. DWP Flexible Working Hours Procedure 3.1 tells managers that: To make the FWH scheme operate effectively, managers must: Authorise FWH credits for absences such as: Sick leave.

Aggregation and Spells

Attendance Management Advice Q&A 20 provides guidance for cases where, if part-day absences become a pattern, the manager can reasonably consider informing the employee that future absences will be aggregated and count towards their trigger point. Advice Q&A 31 provides guidance on when part day absences can count as a spell.

Advice for members

Members should contact their local PCS Representative where a manager refuses to accept that the employee decides when they are not fit for work and/or there is a refusal to award a flexi-credit up to the employee’s normal conditioned day.