Unison Disability Leave Model Agreement

Disability Leave is a system that the Disability Discrimination Act 1995 considers to be an appropriate accommodation for a disabled worker. The DDA uses disability Leave as an example of appropriate accommodation. At the time a disabled person is employed or when a worker is disabled, the employer meets with the competent representative with the disabled person and has agreed on an estimated total annual number of days required for disability-related absences. Subsequently, when the employee with a disability is exempted from working for disability-related purposes, the employee completes a disability leave form instead of completing a self-attestation of absence from illness form. _________ The Disability Leave Scheme is a proposal developed by the Scottish Disabled Members` Committee and the Equalities Policy Pool to define a separate policy with employers, which is an integral part of sick leave schemes and absence management policies. Subsequently, when the disabled worker is exempted from work for disability-related purposes, whether for an earlier date or an unforeseen absence for reasons of disability, he or she completes a leave form for persons with disabilities. If the absence is due to a disability, the form indicates this. Costs can be clearly identified, as the number of days required for disability leave is negotiated in advance. Members with disabilities may not be at work for reasons of disability. These include absences for consultant appointments, physiotherapy, hearing adjustments/replacements, etc. Absences caused by illnesses related to the member`s disability are rarely considered in absence management systems. The majority of employers require either the worker to take annual leave or to declare himself sick for these absences. Therefore, the disabled worker must participate in a greater number of interviews on absenteeism monitoring compared to the non-disabled worker.

________ This may include (but are not limited to) absences for counseling appointments, physiotherapy, hearing aid adaptations/replacements. First, sectors should address their employers and ask what provisions they have adopted under the absence management guidelines for disabled workers with regard to appropriate adaptations under the DDA. The Scottish Disability Committee has set up a working group to develop a model policy with a set of negotiations (annexed). This resource for union representatives aims to improve understanding of the law and its restrictions with respect to sick leave and discrimination on the basis of disability. Each year, the worker and the employer`s representative meet to assess the total annual number of days required for disability-related absences. This assessment takes into account previous absences related to disability, but which do not provide for land or ceiling for the estimate of the current year. Instead, both parties will also consider any actual or expected improvement or deterioration in the worker`s condition and reach a conclusion on a reasonable level of disability leave. . . .