NHS sick pay: FOI release

Information requested

When NHS staff are absent on Covid Special Leave are VOLUNTARY excess hours worked by part time staff included in the calculation for sick pay as per Section 14.4 of NHS Scotland terms and conditions?.

Response

I enclose a copy of all of the information you requested.

The answer to your question is noted below.

The circumstances in which an NHS Scotland staff member is currently eligible for COVID Special Leave are captured within DL(2022) 21 (https://www.sehd.scot.nhs.uk/dl/DL(2022)21.pdf) under Annex B and “COVID SPECIAL LEAVE – FREQUENTLY ASKED QUESTIONS”.

As noted within Section 14.4 of the NHS Terms and Conditions of Service Handbook (https://www.msg.scot.nhs.uk/wp-content/uploads/AfC-Handbook-Master-Scottish-Copy-February- 2023.pdf), the definition of full pay:

• “… will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements.  Sick pay is calculated on the basis of what the individual would have received had he / she been at work.  This would be  based on the three months at work or any other reference period that may be locally agreed.”

In addition, Part 3: Section 14: Sickness Absence of Annex 28 within the Handbook confirms that:

• “Paragraph 14.4 allows regularly paid supplements to be included in pay during sickness absence. This includes on-call allowances and on-call payments where these are normally paid at regular intervals.  An allowance which is paid only occasionally will not count”.
   

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