Sick leave excusals and injury benefit awards – PSP and HQ employees
What you need to know
If you contract a disease or are injured or assaulted while on duty, you may qualify for sick leave excusal (SLE).
If Sick Leave Excusal (SLE) is granted; all sick leave relating to that injury, disease or work-related stress is removed from your sick leave record for sick pay purposes up to a maximum of 182 days (six months) and excluded from consideration under Unsatisfactory Attendance Procedures.
Where SLE is for an assault, all sick leave relating to that assault is removed from the individual’s sick leave record for sick pay purposes and excluded from consideration under the Unsatisfactory Attendance Procedures for the entire duration of their assault related absence while they remain in service.
If SLE is granted, the absence must still be recorded as sick for statistical purposes.
Injury Benefit Awards
An application for Injury benefit award is not dependent on SLE being applied for or approved.
SLE and Injury Benefit Award share the same qualifying criteria. They operate on a “no fault” basis. Consequently, there is no need to demonstrate either that the injury could have been foreseen, or negligence as is the case with a personal injury claim in law.
Supporting staff who remain absent following absence excusal
Staff who are likely to remain absent following a qualifying injury, or illness, and exhaust their entitlement to full pay may qualify for a Temporary Injury Benefit Award under the Civil Service Injury Benefit Scheme. In order to ensure that a decision is made prior to exhausting their full pay entitlement, staff should be advised to apply as soon as possible for temporary injury benefit. Applications are made by HMPPS and are reviewed by MyCSP.
Supporting staff who subsequently leave the service (or suffer another impairment of earnings capacity)
Staff who leave the Service (or other circumstances such as moving to a lower grade or undertaking part-time working because of their injury) are entitled to apply directly for a Permanent Injury Benefit Award if they feel that their earning capacity is impaired by a qualifying injury or illness. Applications are reviewed by MyCSP.
When a CSIBS1 is competed alongside a SLE, solely for the purposes of SLE, then any report from the SMA will only be used for the SLE. If temporary injury benefit is also requested, then another separate CSIBS1 application for injury benefit must be done.
Please note: If an employee has exhausted their entitlement to SLE the employee may apply for a Civil Service Injury Benefit Award. Benefits may be paid only in respect of loss of earning capacity and are designed to bring the beneficiary’s income from specified sources up to a guaranteed minimum figure. Awards may be temporary when a person is on sick leave due to a qualifying injury and has exhausted their SLE entitlement, or permanent when the person leaves the Civil Service, and there is a permanent impairment to earnings capacity.
Injury Benefit forms part of the Civil Service Pension Scheme and applications are therefore determined by the Pension Scheme Administrator, and so it is essential that applications contain complete and detailed information to ensure that the correct decision is made. MyCSP are the decision makers for injury benefit applications, whether permanent or temporary.
To be eligible for SLE for injury, disease or work-related stress, a member of staff must satisfy the qualifying conditions for Injury Benefit under the Civil Service Pension Scheme. In determining whether a ‘Qualifying Injury’ a referral will usually be made to the Pension Scheme Medical Advisor (a service provided by Health Management Ltd). The Pension Scheme Medical Advisor have up to 65 working days to provide a report containing recommendations regarding the case.
What you need to do:
Speak to your line manager or HRBP for more information about Sick Leave Excusal and on how to apply for it if you think you may be eligible.
Further information on the Injury Benefit Awards is contained in the leaflet “Civil Service Injury Benefit Scheme”, available from Shared Services. Guidance for consideration of Sick Leave Excusal Applications and further information on the Injury Benefit Scheme is available on MyServices, the Civil Service Pensions website, or from the Pensions Administrator based at MyCSP on 0300 123 6666.