Employers' Guide

Section 4 - Absences from Teaching

1. Sick leave

Absence due to sickness is pensionable, provided the teacher is receiving at least half pay.  Conversely, periods of sick leave where the teacher is receiving less than half pay (e.g. nil pay) are not pensionable.  If the teacher is in receipt of at least half pay, the teacher should be recorded as if they were still working at their pre-sickness level. Please note however that employer and employee contributions should be deducted from the actual amount paid.  Any unpaid leave should be recorded as “days excluded”.  For irregular part-time teachers, you will need to determine the amount of part-time salary to be recorded for the period of sickness absence, as well as the full-time equivalent salary. 

A teacher who has left pensionable employment remains covered for the in-service death grant for 12 months after the end of that pensionable employment where they  have ceased pensionable employment due to incapacity and the teacher have not taken retirement benefits.

If the teacher remains in a contractual relationship with you, even though they are no longer in pensionable employment because the salary is less than half pay, they will still be considered for the two tier “in-service” ill-health benefit for so long as they remain in a contractual relationship with you.

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2. Maternity, Paternity, Parental and Adoption leave (‘Family leave’)

Where a teacher is absent due to Family leave, such absence is treated as pensionable employment as long as the teacher is receiving at least half pay or is being paid statutory Family leave. The teacher should be given the 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 Family leave and then returns to duty.
    • Any period of Family leave for which the teacher receives at least half pay or statutory Family leave will be classed as pensionable employment.  Both employer and teacher contributions should be paid on the reduced salary or statutory Family leave for as long as the teacher receives at least half pay or statutory pay.  The employer needs to record the service as if they are still on their pre Family leave salary and service until such time that the teacher ceases to receive at least half pay or statutory pay.  Where a teacher is no longer in receipt of at least half pay or statutory pay, this needs to be recorded as “days excluded” until such time that the teacher returns to pensionable employment.
  • Teacher does not return to duty after Family leave, statutory Family leave ceases or the teacher’s salary reduces to less than half pay and no statutory Family leave is payable, then:
    • a TR8 is to be completed  Pensionable employment will be considered to have ended once statutory Family leave ceases or the teacher’s salary reduces to less than half pay and no statutory Family leave is payable.
    • Alternatively, where a teacher receives less than half pay and no statutory Family leave, that period can be shown as “days excluded”.

A teacher in non pensionable employment (i.e. those not in receipt of Statutory Family leave or in receipt of less than half pay) will continue to be covered for the in-service death grant, provided the teacher does not take retirement benefits.

The teacher will also be considered for the two tier “in-service” ill-health benefit for so long as the individual remains in a contractual relationship with you.

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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, such as a sabbatical, are not pensionable.  It is for you to determine whether a leaver notification is required or the absence is treated as days excluded.

As far as ill-health benefits are concerned if a teacher remains under a contract of employment having ceased to be in pensionable employment, the teacher will still be considered for the two-tier benefits:

  •  if they apply for ill-health benefits whilst in an employee/employer relationship; or
  • within 6 months of leaving pensionable employment if later.

You should also make the teacher aware that the individual is no longer covered for the in-service death grant on ceasing to be in pensionable employment. 

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4. Industrial action/strike days

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

Members in full time employment will not accrue reckonable service on each strike day, and you should record the strike days as "days out" on the teacher's annual return service record.  For part-time teachers, you are required to record the actual part-time salary paid and the full-time equivalent but record the strike day alongside any other days not worked.

This means that:

  • The strike days will not be recorded as reckonable and therefore will not be used in any calculation for pension purposes;
  • Teachers over Normal Pension Age will not become entitled to retirement benefits, provided you record the service as "days out" rather than a service break; and
  • Teachers remain covered for the "in-service" death grant if they die while on strike.

There is no provision in the TPS for teachers to buy back strike days.

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5. Suspension from duty

Periods during which a teacher is suspended on full pay are pensionable and must be recorded as such. Suspension from duty without pay is not classed as pensionable employment and any periods without pay must be shown as days excluded.

Where a teacher applies for retirement benefits while suspended from duty, it is important that TP is made aware of this as it may impact on the teacher’s retirement application.

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