In recent years, some civil service departments have linked incremental payscale progression to sick leave limits. Róisín McKane spoke with Fórsa official Seán Carabini to answer questions on this emerging practice.

Q: Is there a link between incremental credit and sick leave?

A: There is a vague reference in the incremental pay circular that mentions sick leave, but there is nothing in any of the sick leave circulars that mention increments. The Incremental Pay circular, 9/1987, mentions ‘attendance’. While this can include sick leave, it is not limited to it. For longer term sick leave, there may be an argument in some circumstances that performance has been affected. But to simply reach normal sick leave limits – there should be no link to incremental pay.

Q: What, then, is ‘attendance’?

A: ‘Attendance’ includes looking at your overall attendance pattern. On the review form in the incremental credit form, it lists sick leave and punctuality as two of the areas for review out of seven overall areas for review (including performance, work output, etc).

Q: What should I do if my increment has been halted due to simply reaching basic sick leave limits?

A: If you have reached basic sick leave limits and find your increment is being halted as a result, by all means challenge it. The increments circular has a weakness in that it has no appeal mechanism built into it.

Q: How does a person find out if their increment is being deferred?

A: They should receive notification about their increment being halted from the National Shared Services Office (NSSO), even though the decision is made by their own HR. If they are notified only after an increment is halted, that in itself is a ground of appeal. This notification should include a notification of how long the increment will be deferred – usually 3, 6, 9 or 12 months.

Q: If the increment is deferred, will this become their new incremental date?

A: Usually no, though there are some circumstances where this may happen in the circular.

Q: Is it possible to appeal an incremental deferral due to sick leave?

A: Yes. The Civil Service Grievance Procedure, outlined in Department of Finance Circular 11/2001, is the mechanism that can be used. Under it, a member can ask their HR to informally review the decision to halt the increment. If the informal route does not work, members can go down the formal route and insist that the matter be referred under the circular to the Civil Service Mediator to consider the case. Fórsa can provide guidance to members on how to do this.

Q: Is mediation the only option?

A: Currently, yes. Civil service workers are excluded from taking many types of grievance to the Workplace Relations Commission (WRC) for adjudication. If we had access, this wouldn’t be a problem. Under the Civil Service Disciplinary Code, withholding an increment is listed as a disciplinary sanction. We have written to the Disciplinary Appeals Board to clarify whether or not they will accept incremental pay sanction appeals linked to sick leave. If this is allowable, then we have somewhere to bring these cases. In the meantime, we have to work within the severe constraints of the Civil Service Grievance Procedure.

Q: How likely is it that the Department of Public Expenditure and Reform will grant civil servants access to the WRC?

A: That’s out of our control. What is in our control, however, is building up our membership density. The more members we have, the more clout we have to force a move to the WRC so that civil service workers can get access to the same dispute resolution machinery that all workers have. I can’t stress this enough. Every person who doesn’t join is weakening the case and, whether they intend to our not, is sending a signal that they don’t mind that they don’t have the same rights as other workers. If you want to send a signal, join your union.