Working out your Sick Leave

Non-critical illness

If you need to take sick leave for a non-critical illness, there are two reference periods to consider – one to determine how much paid sick leave you have remaining and another to consider what rate you will be paid during any remaining sick leave.  This is called a ‘dual look-back’.

 

Remember: because rolling look-back periods apply, remaining sick leave entitlement is worked out on a day-by-day basis.

First step (non-critical illness sick leave)
Firstly, you look back over the previous 4-year period to determine how much sick leave you have taken during that period, including both certified and uncertified leave. If you have taken less than 183 days sick leave during that period, you are entitled to paid sick leave for the remaining number of days. If you have exceeded that amount, you are not entitled to any more paid sick leave for non-critical illness.

Second step (non-critical illness sick leave)
Secondly, if you are entitled to paid sick leave, to determine which rate of pay you will be paid during your sick leave (full-pay or half-pay), you look back at how much sick leave you have taken in the previous 12 months, including both certified and uncertified leave. You may take up to 92 days sick leave on full pay in a 12 month period, so if you have taken less than that amount you will be on full pay until you reach that limit. After that, you will be on half pay for up to a further 91 days (this is subject to a limit of 183 days of paid ‘non-critical illness’ sick leave in a 4-year period).

 

Examples

Mary
Mary needs to take sick leave on October 1, 2014. She looks back 4 years to October 1, 2010 to see how many sick leave days she has taken since then. Mary has taken 20 sick leave days in that period, so on October 1, 2014 she has 163 days of her 183 days paid sick leave left.

Mary then looks back 12 months to determine at what rate her remaining 163 days of sick leave will be paid. Mary took 10 days sick leave on full pay during that 12 month period so she has 82 days left of full-paid sick leave. Marys 163 days of remaining sick leave are therefore made up of 82 days on full pay and 81 days on half pay.

Philip
Philip needs to take sick leave on October 1, 2014. He looks back 4 years to October 1, 2010 to see how many sick leave days he has taken since then. Philip has taken 100 days sick leave in that period, so on October 1, 2014 he has 83 days of his 183 days paid sick leave left.

Philip then looks back 12 months to see at what rate his remaining 83 days sick leave will be paid. Philip took 50 days sick leave on full pay during that 12-month period, so he has 42 days of sick leave on full pay left. Philip’s 83 days of remaining sick leave are therefore made up of 42 days on full pay and 41 days on half pay.

Rory
Rory needs to take sick leave on October 1, 2014. He looks back 4 years to October 1, 2010 to see how many sick leave days he has taken since then. Rory has taken 170 sick leave days in that period so on October 1, 2014 he has 13 of his 183 days paid sick leave left.

Rory then looks back 12 months to see at what rate his remaining 13 days sick leave will be paid. Rory took 100 days of sick leave in the last 12 months – 92 days on full pay and 8 days on half pay. Rory therefore has no sick leave on full pay left and his remaining 13 days of sick leave will be paid at half pay.

Sarah
Sarah needs to take sick leave on October 1, 2014. She looks back to October 1, 2010 to see how many sick leave days she has taken since then. Sarah has taken 150 sick leave days in that period, so on October 1, 2014 she has 33 days of her 183 days entitlement to paid sick leave left.

Sarah then looks back 12 months to see at what rate her remaining 33 days will be paid. None of Sarah’s sick leave days were in the last 12 months, so all of her remaining 33 days of sick leave will be paid at full pay.

Critical illness

If you need to take sick leave under the critical illness protocol, there are two reference periods to consider – one to determine how much paid sick leave you have remaining and another to consider what rate you will be paid during any remaining sick leave.  This is called a ‘dual look-back’.

 

Remember: because rolling look-back periods apply, remaining sick leave entitlement is worked out on a day-by-day basis.

First step (critical illness sick leave)

Firstly, you look back over the previous 4-year period to determine how much sick leave you have taken during that period. If you have taken less than 365 days sick leave during that period, you are entitled to paid sick leave for the remaining number of days. If you have exceeded that amount, you are not entitled to any more paid sick leave.

Second step (critical illness sick leave)

Secondly, if you are entitled to paid sick leave, to determine which rate of pay you are entitled to during your sick leave (full pay or half pay), you look back at how much critical sick leave you have taken in the previous 12 months. You may take up to 183 days sick leave on full pay in a 12 month period, so if you have taken less than that amount you will be on full pay until you reach that limit. After that, you will be on half pay for up to a further 182 days (this is subject to a limit of 365 days of paid ‘critical illness’ sick leave in a 4-year period).

 

Examples

Helen
Helen satisfies the criteria to for her sick leave to be treated under the critical illness protocol. She needs to take sick leave on October 1, 2014. She looks back to October 1, 2010 to see how many sick leave days she has taken since then. Helen has taken 20 sick leave days in that period, so on October 1, 2014 she has 345 of her 365 days of paid sick leave left.

 

Helen then looks back 12 months to see at what rate her remaining 345 days will be paid. Helen took 10 days sick leave on full pay in that period so she has 173 days of sick leave on full pay left. Helen’s remaining 345 days of sick leave are therefore made up of 173 days on full pay and 172 days on half pay.

 

Tom
Tom satisfies the criteria to for his sick leave to be treated under the critical illness protocol. Tom needs to take sick leave on October 1st, 2014. He looks back to October 1, 2010 to see how many sick leave days he has taken since then. Tom has taken 100 days sick leave in that period, so on October 1, 2014 he has 265 days of his 365 days of paid sick leave left.

 

Tom then looks back 12 months to see at what rate his remaining 265 sick leave days will be paid. Tom took 50 days sick leave on full pay during that period so he has 133 days of sick leave on full pay left. Tom’s remaining 265 days of sick leave are, therefore, made up of 133 days on full-pay and 132 days on half-pay.

 

Marian
Marian satisfies the criteria to for her sick leave to be treated under the critical illness protocol. She needs to take sick leave on October 1, 2014. She looks back 4 years to October 1, 2010 to see how many sick leave days she has taken since then. Marian has taken 190 sick leave days in that period so on October 1, 2014 she has 170 of her 365 days paid sick leave left.

Marian then looks back 12 months to see at what rate her remaining 170 days paid sick leave will be paid. Marian took all 190 days of sick leave in the last 12 months – 183 on full pay and 7 on half pay. Marian’s remaining 170 days of sick leave will therefore be paid at half pay.

 

Rachel
Rachel satisfies the criteria to for her sick leave to be treated under the critical illness protocol. Rachel needs to take sick leave on October 1, 2014. She looks back to October 1, 2010 to see how many sick leave days she has taken since then. Rachel has taken 150 sick leave days in that period, so on October 1, 2014 she has 215 days of her 365 sick leave left.

Rachel then looks back 12 months to see at what rate her remaining 215 days will be paid. None of Rachel’s sick leave days were in the last 12 months, so she has 183 days sick leave on full pay left. Rachel’s remaining 215 days of sick leave are, therefore, made up of 183 days on full pay and 32 days leave on half pay.