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Employers' Guide

Section 4 - Absences from Teaching

1. Sick leave

Absence on sick leave is pensionable and should be recorded as if the teacher was working if the following conditions are satisfied:

• the employer approves and records the period as sick leave; and

• the teacher receives at least half pay (disregarding any deduction, e.g. on account of social security benefits or refund provided by the terms of the teacher's employment).

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2. Maternity, Paternity and Adoption leave

Where a teacher is absent from duty on maternity/paternity/adoption leave, such absence is treated as pensionable employment as long as the teacher receives a salary. The teacher should be given fact sheet Maternity and Paternity Leave before starting the period of absence. The following guidelines apply:

• Teacher resigns at the outset ( TR8 should be completed).
  • The teacher is regarded as being in pensionable employment up to the last day of his or her contract.
• Teacher takes maternity leave and then returns to duty.
  • Any period of maternity leave for which the teacher receives pay or Statutory Maternity Pay (SMP) is classed as pensionable employment.
• Teacher does not return to duty after maternity leave
  • TR8 to be completed, pensionable employment will be considered to have ended at the end of the paid maternity leave.
• Teacher takes paternity leave.
  • Any period of paternity leave for which the teacher receives full salary or statutory pay is classed as pensionable employment. Where the teacher receives no pay, that period does not count as pensionable employment and must be shown as days excluded.
• Teacher takes adoption leave.
  • Any period of adoption leave for which the teacher receives full salary or statutory pay is classed as pensionable employment. Where the teacher receives no pay, that period does not count as pensionable employment and should be shown as days excluded.

If the circumstances for an individual teacher differ from the above and it is not clear what service should be regarded as pensionable under the TPS, contact TP.

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3. Other absences

All other absences where a teacher is entitled to be paid a salary (e.g. periods of special leave) are pensionable in the TPS. Unpaid absences are not pensionable.

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4. Industrial action/strike days

Absence due to industrial action cannot be classed as pensionable service and must be shown as days excluded.

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5. Suspension from duty

Periods during which teachers are suspended on full pay are treated as pensionable and must be recorded as such. Suspension from duty without pay cannot be classed as pensionable employment and these periods must be shown as days excluded.

Where a teacher applies for retirement benefits while suspended from duty, it is important that you draw this to TP's attention as it may be relevant to the retirement application.

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Jump to section... Introduction Membership Appointments Absences Leavers Increasing Benefits Retirement Ill Health Calculating Benefit Abatement Death in Service TP Records Contributions Annual Return End of Year Cert. Form TR17A National Insurance Pension Sharing Employer Services Arrears Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Glossary

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