Mansfield & Ashfield Clinical Commissioning Group Newark and Sherwood Clinical Commissioning Group

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1 Mansfield & Ashfield Clinical Commissioning Group Newark and Sherwood Clinical Commissioning Group Your Attendance Matters Policy and Sickness Absence Procedures Document purpose The aim of the Attendance Matters Policy is to promote health and wellbeing and attendance at work. Version 1.1 Title Sickness Absence Policy Nominated Head of Corporate Governance Lead Approval Date December 2015 Approving Quality and Risk Committee Committee Review Date December 2018 Groups/staff Consulted Target audience Circulation list Associated documents Superseded documents GEM HR Business Partners draft and review all HR policies All employees of Mansfield and Ashfield and Newark and Sherwood CCGs The policy is on the CCGs websites V1 updated November 2015 having been reviewed by GEM HR. No material changes made. Your Attendance Matters Policy Page 1 of 36

2 CONTENTS PAGE NO 1. ATTENDANCE MATTERS, SICKNESS ABSENCE PROCEDURES POLICY S AIM AND BACKGROUND SCOPE OF THE POLICY AREA FOR IMPLEMENTATION ORGANISATIONAL ACCOUNTABILITY / RESPONSIBILITIES INTENDED USERS KEY DEFINITIONS Long-term sickness absence Short-term sickness absence EQUALITY IMPACT STATEMENT REFERENCES POLICY DETAIL ROLES AND RESPONSIBILITIES The role of employees The role of managers The role of Human Resource Business Partners in GEM (HRBP) The role of Occupational Health The role of Staff Partnership/Trades Unions/Professional Body Representatives The role of Health and Safety Using Occupational Health Services DISABILITY Definition of disability Duties under the Disability Discrimination Act LONG-TERM SICKNESS ABSENCE Length of absence Contact during long-term sickness absence Referral to Occupational Health Rehabilitation Your Attendance Matters Policy Page 2 of 36

3 12.5 Effectively supporting employees with long-term conditions Return to work Consideration of Redeployment The possibility of termination of employment SHORT-TERM SICKNESS ABSENCE PROCEDURE WHEN AN EMPLOYEE IS ABSENT THROUGH SICKNESS Notification Absence certification Working whilst certified sick Sickness during Annual Leave Sick Pay and Annual Leave Return to work meeting EMPLOYEE WELLBEING MEETING Definition of an occasion Purpose of an employee wellbeing meeting Right to be accompanied Stage 1 First Wellbing meeting Stage 2 - Second Wellbeing meeting Stage 3 Third Wellbeing meeting The possibility of termination of employment under the relevant policies Termination of employment Appeal Part time employees POSSIBLE CAUSES OF FREQUENT OR LONG-TERM SICKNESS ABSENCES Causes of Sickness Absences Discussing frequent sickness absences Personal and family problems Stress and other problems Patterns of sickness absence MANAGEMENT RESPONSES TO SICKNESS ABSENCE Management support When sickness absences are thought not to be genuine Your Attendance Matters Policy Page 3 of 36

4 18. SICK PAY ENTITLEMENT ENSURING THE POLICY IS ACCESSIBLE TO ALL EMPLOYEES DETAILED GUIDELINES MONITORING AND PERFORMANCE MANAGEMENT OF THE POLICY SUPPORT AND KEY CONTACTS APPENDIX Your Attendance Matters Policy Page 4 of 36

5 1. Attendance Matters, Sickness Absence Procedures Policy s Aim and Background 1.1 The Mansfield and Ashfield and Newark and Sherwood CCGs are committed to improving the health, wellbeing and attendance of all employees. Consequently, the overall aim of the Attendance Matters Policy is to promote health and wellbeing and attendance at work. Attendance does matter as a high level of attendance is central to our ability to deliver a high level of service and promote good morale for all employees. In a demanding, service delivery and patient-focused environment, we rely on employees to deliver excellent service and meet agreed objectives. We understand, however, that sometimes there will be instances when an employee is not fit enough or able to attend work. It is our policy to support employees who are genuinely ill and unable to come to work. 1.2 In order to deliver the best possible service, some of the essential factors are that employees are motivated, have a sense of wellbeing and are able to attend work. To promote engagement and wellbeing, there are a number of proactive policies and support structures in place, including Occupational Health provision, flexible working, counselling and active stress management initiatives aimed at creating a healthy and safe working environment. 1.3 Genuine reasons for absences are understandable and this policy outlines what managers and employees should do when an employee is unable to attend work as a result of sickness absence. It also provides details of support available to help employees recover and return to work. This policy is supported by more detailed guidance for employees and managers which is set out in the Your Attendance Matters Employee Guidelines and Your Attendance Matters Management Guidelines. 1.4 Sickness absence that is not reasonable, or at a high level, has a considerable impact on the organisation s performance and must be reviewed and locally managed. This policy briefly outlines what would happen in this instance. More detail regarding the relevant procedures is available in the Your Attendance Matters Employee Guidelines and Your Attendance Matters Management Guidelines. 2. Scope of the Policy This policy applies to all employees of the CCG. The equality impact of the policy in relation to the race, disability, gender, marital status, civil partnership status, age, sexual orientation, religion, beliefs and social class of employees, has been taken into account and is reflected in the policy where appropriate. 3. Area for Implementation This is a corporate policy and therefore applies to all business areas. 4. Organisational Accountability / Responsibilities 4.1 Policy Sponsor The Policy Sponsor is the Head of Corporate Governance who with support and guidance from the HR Service provider (CSU, GEM) is responsible for the on-going maintenance of the policy and ensuring its compliance with current and new legislation. Your Attendance Matters Policy Page 5 of 36

6 5. Intended Users This policy is applicable to all employees working in the CCG. 6. Key Definitions There are two distinct types of sickness absence: long-term sickness absence short-term sickness absence 6.1 Long-term sickness absence Long Term sickness absence can be sub-divided into two types: Sickness absence of a known length An employee is off work for a set period of time e.g. waiting for, or recuperating from, an operation. Sickness absence of an unknown length An employee is off work due to sickness and continues to send in Fit Notes (formerly known as medical certificates), but is unable to indicate a date for return. The CCG regards any sickness absence of more than four weeks as long-term. 6.2 Short-term sickness absence Short-term sickness absence involves periodic sickness absences, often of individual relatively short durations. There are two kinds of periodic short-term sickness absence: Predictable absences (for example, for a minor operation) Unpredictable absences (for example, as a result of the sudden onset of a serious migraine) Frequent and persistent short-term sickness absences may mean that there is an underlying issue that needs investigating, which may or may not be disability-related. The employee may not be fully aware of any impairment or there may be other issues such as family difficulties which are impacting on an individual s work attendance. As a result of this, it is important that return to work meetings and, when applicable, employee wellbeing meetings take place and appropriate support is put in place. 7. Equality Impact Statement 7.1 We welcome feedback on this policy and the way it operates. We are interested to know of any possible or actual adverse impact that this policy may have on any groups in respect of gender, marital or civil partnership status, race, disability, sexual orientation, religion or belief, age, social class, deprivation or other characteristics. 7.2 The person responsible for the equality impact assessment of this policy is the Head of Corporate Governance with the support of the HR Service Provider. This policy is high in equality relevance and a full impact assessment, in conjunction with key stakeholders will be conducted. 8. References Your Attendance Matters Policy Page 6 of 36

7 The following sources of information are useful and have directly informed the content of this policy: The findings of successive NHS Staff Surveys. Chartered Institute of Personnel and Development (CIPD) Annual survey report on absence management published annually and available at: Acas Managing attendance and employee turnover available online at: Acas Stress at work available at: Acas Health, work and well-being available at: Acas Guide to discipline and grievances at work (in particular Appendix 4) available at: Health and Safety Executive (HSE) Tackling work-related stress, a manager s guide to improving and maintaining employee health and well-being, available online at: Trade Union Guidance Booklets Data Protection Policy Records Management Guidelines NHS Terms and Conditions of Service Handbook Section 14 & Annex Z NHS Constitution Chapter 23 The NHS Health and Wellbeing Review Interim Boorman Report Registration and Re-registration Policy Legislation relevant to attendance matters including the Employment Rights Act 1998, the Access to Medical Reports Act 1998 and the Disability Discrimination Act 1995 and 2005 Robert Francis QC Report into Mid-Staffordshire NHS Foundation Trust Associated Human Resources Policies include: Special Leave Disciplinary Procedure Bullying and Harassment Management of Unsatisfactory Workperformance Flexible Working Policy 9. Policy Detail In relation to the structures and procedures for promoting attendance and managing long-term and short-term sickness absence, the CCG operates the policy detailed in the following sections of this document. 10. Roles and Responsibilities 10.1 The role of employees It is expected that employees should telephone their manager (or the most senior person on duty in their department as early as possible on the first day they are absent from work through sickness absence (there should be very few exceptional circumstances when this does not happen)). The employee should give an indication of how long they expect to be absent and the reason for the absence. (Should the reason for absence be of such a personal nature that relaying it to a manager would Your Attendance Matters Policy Page 7 of 36

8 cause significant difficulty, alternative appropriate arrangements for communicating the reason for the absence will be agreed. Further guidance on this is set out in the Your Attendance Matters Employee Guidelines.) Subsequently, employees need to: Provide appropriate medical certification in a timely way, ensuring that they complete a self-certification form initially and regularly submit fit notes from a qualified doctor if their absences last more than seven calendar days failure to do so may result in deduction from pay for unauthorised absence. Do everything they can to return to work once they are able, provided it is safe to do so. Maintain regular communication (in line with agreed arrangements) with their manager (or agreed other person) throughout the course of their absence and notify the manager of their expected return to work date as soon as they are in a position to do so. Co-operate fully in the application of this policy including being available to attend sickness absence review meetings and Occupational Health appointments during their period of absence (unless medical circumstances prevent this from being possible, in which case other review arrangements will be agreed). Maintain statutory registrations throughout any periods of absence or immediately advise their manager if this is not possible. Advise their manager, or other appropriate person, if they develop a medical condition that could affect their ability to carry out their job role (further guidance on this is provided in the Your Attendance Matters Employee Guidelines.) This will enable appropriate support and reasonable adjustments to be put in place, where applicable The role of managers Managers who supervise employees have a responsibility to manage and monitor their employees attendance and sickness absence. The manager is the first point of contact for an employee who is absent from work through sickness. The manager s role is to: Take a fair, supportive and equitable approach. Liaise with the HR Business Partnership team at GEM (and other relevant sources of expertise) to obtain guidance and information. Where applicable, provide information (in conjunction with the HR Business Partnership team) on schemes such as the NHS Injury Benefit Scheme and Temporary Injury Benefit (further guidance on this is provided in the Your Attendance Matters Management Guidelines). Seek to maintain appropriate contact with the employee who is absent. Take action to make sure the employee completes a self-certification form for any absence of up to seven calendar days and provide fit notes to cover all longer periods of absence. Conduct return to work meetings with employees as soon as possible on their first day back at work. Ensure accurate inputting of information into the relevant recording systems. Your Attendance Matters Policy Page 8 of 36

9 Identify and/or implement reasonable recommended changes needed in working practices and environments to accommodate return to work. Keep any personal information they obtain about employees health or personal lives confidential in line with the organisations Data Protection policies and Records Management Guidance. Refer the employee to, and liaise with, Occupational Health, ensuring the Occupational Health referral document is shared with the employee prior to submission (the Your Attendance Matters Management Guidelines provides further information on this). Liaise with other appropriate professionals in line with Occupational Health guidance. Ensure that employees are kept informed regarding developments in the workplace and as necessary consulted regarding changes in the workplace that affect their role. Undertake mandatory training on Promoting Disability Equality as well as complete the open learning module and skills training on Managing Sickness Absence The role of Human Resource Business Partners in GEM (HRBP) The HRBP support is provided by the Commissioning Support Unit, Greater East Midlands (CSU, GEM). HRBPs will advise and help both the manager and the employee to promote attendance and manage sickness absence. HRBPs will: Answer questions on policy and practice. Provide practical guidance and information on the management of sickness related absence. Build links with relevant advisers, including Occupational Health, Resolve and Disability Employment Advisers (who provide guidance and assistance on gaining Access to Work support and funding) Assist with compliance with the Equality Act Help the employee and the manager to make well informed decisions. Liaise with Occupational Health to obtain recommendations and advice. Where applicable, provide information (in conjunction with managers) on schemes such as the NHS Injury Benefit Scheme and Temporary Injury Benefit. Undertake mandatory training on Promoting Disability Equality as well as complete the open learning module and skills training on Managing Sickness Absence. Ensure the fair and equitable application of this policy across the CCG The role of Occupational Health Members of the Occupational Health Team are independent specialist practitioners who are trained to provide a confidential service to: Promote employees health, safety and welfare. Help identify the nature of an employee s illness or condition and its likely effects on the employee s ability to carry out his/her duties. Advise the CCG on the likely length of an employee s absence. Advise at an early stage on rehabilitation to prevent medical conditions becoming chronic. Your Attendance Matters Policy Page 9 of 36

10 Advise on return to work plans. Advise managers about any limitations or work-related restrictions and their likely duration. Identify recommended changes needed in working practices and environments. Advise on any specific support which is required by an individual and any equipment which may be useful. Assist with compliance with the Equality Act Help the employee and the manager to make well informed decisions. Liaise with qualified medical practitioners to understand the extent of any medical condition the employee has in the context of its impact on work in order to make recommendations to remove or minimise any barriers to working. Accept self-referrals. Provide reports The role of Staff Partnership/Trades Unions/Professional Body Representatives Staff Partnership/Trades Unions/Professional Body Representatives will: Represent, advice and support employees as required throughout the processes associated with this policy. Bring any mutually beneficial improvements to this policy to the attention of the CCG. Assist in ensuring compliance with the DDA and other related statutory requirements. Maintain detailed knowledge of the procedures set out in this policy in order to provide informed advice to members who are involved in sickness absence concerns. Liaise with relevant managers and HR where appropriate to resolve issues arising in the policy s implementation. Undertake mandatory training on Promoting Disability Equality as well as complete the open learning module and skills training on Managing Sickness Absence The role of Health and Safety The role of Health and Safety is to: Provide Health and Safety advice and assistance to all levels of staff which will include, as appropriate, conducting risk assessments and specialist workplace assessments following periods of sickness absence. Assist in the devising of health and safety procedural notes. Keep Directors and managers advised with regard to actual or anticipated changes in health and safety legislation and accepted best practices. Undertake workplace inspections and provide reports to management on such inspections. Undertake accident and serious untoward incidents investigations and provide management and, when required by law, the Health and Safety Executive, with reports of such incidents and dangerous occurrences. (In conjunction with the Occupational Health Department) undertake investigations into cases of work related ill health and provide management Your Attendance Matters Policy Page 10 of 36

11 and, where required by law, the Health and Safety Executive, with reports on such cases. Undertake health and safety audits in order to determine the effectiveness of the health and safety management procedures and where appropriate, make recommendations as to the measures necessary to rectify failings in the procedures. Assist in the identification of health and safety training needs and, where appropriate, deliver or arrange to be delivered, such training as may be necessary for the health and safety of employees. Submit reports of all incidents, (affecting patients, public and/or staff), which are reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013 to the enforcing authority on the form F2508 or F25O8A as appropriate Using Occupational Health Services It may often be appropriate for the CCG to seek medical information and/or advice. This may be the case where an employee has been intermittently absent or absent for a long period of time through sickness or where an underlying medical issue is causing persistent sickness absences. This section should be read in conjunction with Section 10.5 which details the role of Occupational Health Where an employee feels that he/she would like advice or support to help manage health, safety and welfare, he/she can arrange in strict confidence an appointment to attend Occupational Health at any time. This can be done either through self-referral by personally contacting Occupational Health or through the employee s manager. See contacts at Section The aim of Occupational Health will be to support the employee to return to work by: Advising management when a return to work will be possible. Advising management whether a clinically-recommended phased return to work, e.g. part-time working initially, would be appropriate for the employee. In these circumstances such arrangements will be managed in accordance with Section 14 of Agenda for Change. Considering, in consultation with the employee, work arrangements that may be suitable for the employee in the circumstances. Supporting the implementation (where appropriate) of a formal risk assessment using the CCGs risk assessment template. Suggesting what, if any, adjustments or different arrangements would help the employee to get back to work, for example lighter duties or less stressful work. Advising management whether the employee is likely to be fully recovered or whether there is likely still to be some on-going impairment. Setting mutually agreed time limits to review the situation. Recommending referral to specialist practitioners e.g. physiotherapy, counselling. Your Attendance Matters Policy Page 11 of 36

12 11. Disability 11.1 Definition of disability Where an employee s illness or impairment is long-term, it is likely to be covered by the Equality Act The definition of disability in the Act is a physical or mental impairment which has a substantial and long-term adverse effect on [the person s] ability to carry out normal day-to-day activities. An individual whose impairment is fully controlled by medication will be protected by the Act if he or she would be substantially impaired without his/her medication or aid (e.g. a hearing aid). The definition of disability is very broad and will include a very wide range of physical and mental conditions and illnesses Duties under the Disability Discrimination Act Where an employee has a disability under the terms of the Equality Act 2010, the CCG is under a legal duty: Not to treat the employee less favourably because he/she has a disability (or a particular type of disability) or, unless justified, on any grounds related to the disability (including disability-related absence). To make reasonable adjustments to any provision, criterion or practice applied by the CCG, and to physical features of premises Managers should discuss adjustments with the employee concerned. The employee will have a better understanding than the manager of what measures would help to facilitate normal or effective working and help him/her to overcome any disadvantage that the disability might otherwise cause. 12. Long-term Sickness Absence 12.1 Length of absence If an employee has a serious medical condition or has sustained a significant injury, this may mean that he or she is away from work for a lengthy period of time. The expected length of the sickness absence may sometimes be known, whilst in many instances it will not be possible initially to predict the length of absence. Managers should be proactive in relation to monitoring the employee s sickness absence and in seeking to rehabilitate the employee back to work Contact during long-term sickness absence It is important that the manager (or other nominated person as agreed with the employee) and the employee who is absent remain in regular contact with each other during a long-term sickness absence. Further guidance on what is meant by regular contact including the suggested timescales and frequency of contact is set out in both the guidelines for managers and employees It is good practice to agree arrangements for contact at the outset and it is the manager s responsibility to initiate this. Whilst some managers may (understandably) feel uneasy about contacting an employee who is off sick, it may help an employee who is ill to maintain a link with his/her employment, and with colleagues, so as to avoid isolation. Regular contact from the workplace may be Your Attendance Matters Policy Page 12 of 36

13 the employee s only link to his/her normal life, and may be welcome, so long as no pressure is put on the employee The manager (or other nominated person as agreed with the employee) should attempt to contact the employee as soon as the sickness absence continues for more than one week and ask whether he/she would prefer personal visits, telephone contact or contact, or a combination. Home visits (or equivalent) should take place regularly after 4 weeks continuous absence (unless specific circumstances mean this is inappropriate) Before any home visits take place, they should be expressly agreed with the employee. In some circumstances, employees may prefer to meet at an agreed suitable and alternative location. Further guidance on home visits (or their equivalent) is set out in the Your Attendance Matters Employee Guidelines and the Your Attendance Matters Management Guidelines. The manager should also ensure that the employee is sent any internal communications that are routinely given to employees, e.g. newsletters, information about organisational changes and other announcements As part of maintaining contact and in compliance with Section 14 of the Agenda for Change Terms and Conditions Handbook regular review meetings will be held. These will ensure that: Everything is being done to support an employee s successful return to work. In those rare instances where it is not possible for an employee to return to work, they are supported and advised regarding their options, including where appropriate applications for Ill-health Retirement Pension benefits. Further guidance on managing long term sickness (together with likely timescales for the frequency and timing of review meetings, including the final review meeting) is set out in the Your Attendance Matters Employee Guidelines and the Your Attendance Matters Management Guidelines Referral to Occupational Health As set out in Section 10.7, depending on the length of time the employee is absent from work through sickness, and the nature of the medical condition or impairment, it may be appropriate for the CCG to seek medical information and/or advice. In these circumstances, the manager may refer the employee to Occupational Health. This may happen more than once depending on the length of the employee s sickness absence. Please refer to Section 10.7 for further guidance on Occupational Health referrals Where there is a conflict of opinion between the GP and Occupational Health advice on the impact and management of an individual s health, this will be referred to an appropriate third party specialist for independent assessment Rehabilitation Managers should be proactive in relation to monitoring the employee s sickness absence and their rehabilitation back to work. It will be important for the manager Your Attendance Matters Policy Page 13 of 36

14 to liaise with the HRBP and Occupational Health to establish what the employee will and will not be capable of doing on return to work and whether any reasonable adjustments to the employee s duties need to be made. The manager needs to consider, based on medical advice, whether the employee is capable of performing his/her normal job with adjustments, or whether a move to another job would be appropriate (if one is available) A key option to consider will be a phased return to work taking account of any recommendations made by Occupational Health or the employee s GP, for example with the employee initially working only part-days or flexible hours (any such arrangements should be managed in accordance with the guidance set out in Section of Agenda for Change). All options should be discussed with the employee directly before any decisions are made. Further guidance on rehabilitation and phased returns is detailed in the Your Attendance Matters Employee Guidelines and Your Attendance Matters Management Guidelines Effectively supporting employees with long-term conditions It is recognised that individuals within our workforce may have complex mental or physical health conditions that, while not hampering their full contribution at work, may benefit from greater understanding, adaptations or improved work design. Included in these complex situations would be chronic conditions like arthritis, asthma or diabetes, or stress and clinical depression. Often these conditions could be better supported at work, which may enable people to work longer, not seek Ill-Health Retirement, and help the NHS as a good employer to attract and retain talent Return to work Managers should make sure, when the employee returns to work, that the employee: Knows that his/her return to work is welcomed. Will have an appropriate return to work plan (where there has been long term sickness absence, this plan may entail their work tasks being built up at an appropriate rate). Undertakes a Risk Assessment, where appropriate, to inform the return to work arrangements. Is aware of the on-going support available through Access to Work (where this is applicable). Is brought up to date in respect of any changes that have taken place during his/her absence. Is provided with training on any new equipment or processes. Has a review plan where appropriate to monitor the employee s welfare and performance over an agreed period of time following his/her return Managers should bear in mind that an employee who has been absent through sickness from work for a time (especially if the illness has been stress-related) may feel anxious about returning to work, and worry about how he/she will be treated. It will therefore be important for the line manager to take positive steps to welcome back the employee, make him/her feel at home and take positive steps Your Attendance Matters Policy Page 14 of 36

15 to facilitate re-integration into the workplace. This might include, for example, allocating a buddy to support the return to work To help ensure a successful return to work, it is the responsibility of employees to work with managers and Occupational Health Services, where applicable, to: Undertake agreed return to work plans. Participate in Risk Assessments and/or other assessments, where appropriate, to inform the return to work arrangements. Make contact with Access to Work (where this is applicable) in order that available support can be accessed. Review and/or attend any update briefings/training in respect of any changes that have taken place during their absence (guided by their manager) Consideration of Redeployment In rare cases it may be that the employee is no longer able to perform the job he or she was employed to do. In this case, all redeployment opportunities will be explored following the principles set out in the redeployment procedures detailed in the Organisational Change policy The possibility of termination of employment A supportive approach will always be taken with regard to long term absence. However, the difficult reality is that in some circumstances there may be no prognosis for a return to work within a reasonable timescale. This can be the case despite positive interventions and reasonable management support, including the exploration of all reasonable alternatives as detailed in the Your Attendance Matters Management Guidelines In some cases, it may not be possible to keep a job open any longer for an employee who has been absent from work through sickness on a long-term basis or it may not be possible to find a reasonable alternative job for an employee who is certified as able to return to work but can no longer perform his or her own job. In these circumstances, there may be no option but to terminate the employee s contract. Where this rare situation applies, an employee will be kept fully informed as soon as it is established that there is a risk to his/her employment and the relevant at risk policy and procedures will be followed. In these circumstances, the employee will be advised on appropriate possible entitlements, for example, illhealth retirement and permanent injury benefit. 13. Short-term Sickness Absence Whilst the CCG understands that there may be a certain level of short-term sickness absence amongst employees, it must also pay due regard to its operational needs. If an employee is frequently and persistently absent from work through sickness, this can damage efficiency and the provision of the CCGs services, as well as placing an additional burden of work on the employee s colleagues. By implementing this policy, the aim is to strike an even-handed balance between the reasonable pursuit of business objectives, and the genuine needs of employees to be absent because of sickness. Your Attendance Matters Policy Page 15 of 36

16 13.1 The purpose of these sickness absence review points is to alert managers to this and set a foundation for an employee well-being meeting (see Section 15) and, where relevant, the undertaking of a risk assessment. Where an employee reaches fourteen calendar days of absence but has not yet returned to work, a well-being meeting will be arranged when the employee is back at work unless it is more appropriate to organise this in advance of the employee s return. 14. Procedure when an Employee is Absent through Sickness 14.1 Notification As set out in Section 10.1, an employee should telephone his or her line manager (or agreed nominated and known point of contact) as early as possible on the first day he/she is absent from work through sickness, in order to notify the manager that he or she is unable to come to work. The employee should give an indication of how long he or she expects to be absent and the reason for the sickness absence. As explained in Section 10.1, should the reason for absence be of such a personal nature that relaying it to a manager would cause significant difficulty; alternative appropriate arrangements for communicating the reason for the absence will be agreed. Further guidance on this is set out in the Your Attendance Matters Employee Guidelines and the Your Attendance Matters Management Guidelines If the employee fails to call, i.e. just does not appear for work, the manager should telephone him/her to establish the reason for the non-appearance. This will also give the manager the opportunity to check with the employee if there is any information needed in respect of the employee s on-going work. Should the absence not relate to sickness or other authorised reason for non-attendance, the matter will be dealt with as an unauthorised absence The manager should keep a record of the employee s call (or, where appropriate, of the fact that the employee did not call in). The record should show who called, who took the call, when the call was received, the stated reason for the sickness absence and how long the employee said he/she expected to be absent. All records should be held confidentially. Subsequently, the employee must keep in regular contact with the manager throughout the duration of his/her absence. The Your Attendance Matters Employee Guidelines set out in further detail what the employee needs to do whilst absent from work and the support available. Whilst it is the employee s responsibility to notify their manager of sickness absence, it is the manager s role to record and report sickness absence in line with procedures. If the employee becomes ill during the working day he/she is required to inform their manager who will report any absence which is of a half a day or 3.75 hours whichever is the lesser. Such absence will be recorded for absence purposes Absence certification If an employee is absent due to ill health for seven or fewer consecutive calendar days, he or she must complete a sickness absence self-certification form on return to work. This forms part of the Return to work Meeting (see 14.6 below). Absences due to ill health of more than seven consecutive calendar days will Your Attendance Matters Policy Page 16 of 36

17 require a Fit Note from a qualified doctor or other appropriate health professional to cover all absence beyond the first seven days. These should be sent to the line manager unless other arrangements have been expressly agreed Working whilst certified sick Employees should be aware that they must not undertake work for another employer during periods when they would normally be working for the CCG whilst they are either self or medically certified as sick. This is considered fraud and can have very serious consequences including dismissal from the employment of the CCG. Further detailed guidance on matters relating to working for another employer is set out in the Secondary Employment Policy Sickness during Annual Leave Employees should contact their manager (or other appropriate person) if they become ill during a period of Annual Leave. This should be done on the first day of sickness. As soon as the sickness ends, the employee must notify their manager so that there is clarity on the exact days on which the employee was ill. Depending on the length of the sickness absence, an employee should complete either a sickness absence self-certification form on return to work and/or submit a Fit Note. For clarity, any Annual Leave during which an employee was ill, and had accordingly notified their manager, will be recorded as sickness absence. The outstanding Annual Leave should be taken and booked in line with the standard procedures for arranging Annual Leave Sick Pay and Annual Leave A House of Lords judgement has confirmed that employees can accrue statutory annual leave while they are on long-term sick leave. Further guidance on this important decision, and its implications, is detailed in the Your Attendance Matters Employee Guidelines and the Your Attendance Matters Management Guidelines Return to work meeting Research has consistently established that return to work meetings are effective in promoting employee health and well-being, and quickly identifying whether an employee needs further support. In addition, conducting return to work interviews as a matter of routine has been shown to be a highly effective means of deterring and reducing casual sickness absence. They communicate to employees that whilst genuine sickness will be treated sympathetically and supportively, unexplained or persistent sickness absences will not be disregarded The manager will arrange a meeting with the employee on his/her return to work, which should be held as early as possible on the first day of the employee s return. This should be done every time an employee is absent through sickness, irrespective of the length of the employee s sickness absence. The interview should be informal, but more than just a corridor chat. It should be in private The return to work meeting is important because: It confirms that the CCG takes an interest in employees health and well-being and wants to ensure that an employee who has been absent due to illness is well enough to return to work. Your Attendance Matters Policy Page 17 of 36

18 A return to work discussion helps the manager identify if there is any specific underlying cause to the employee s sickness absence(s) that the manager may be able to help with, e.g. whether there are any problems with the employee s workload, working hours, etc. The meeting is an opportunity to discuss if any special arrangements or adjustments need to be made in the short term to support the employee (if this is the case, the manager may involve HR and/or Occupational Health). Any concerns relating to sickness absence or attendance can be openly discussed. The meeting provides an opportunity to update the employee on what has happened whilst he or she has been away If, at a return to work meeting, the employee refuses to discuss the reason for his/her sickness absence and is not prepared to discuss the reasons with another appropriate manager (for example, the HRBP), or if the explanation given by the employee for the sickness absence is unacceptable, the manager should inform the employee that the absence will be treated as unauthorised absence and this may result in the matter being dealt with under the relevant Disciplinary Procedure. Further information on the implications of this for pay is set out in the Your Attendance Matters Employee Guidelines and the Your Attendance Matters Management Guidelines If the manager is unable to conduct a return to work meeting, for example if he or she is on holiday, then another appropriate manager will manage the meeting on his/her behalf A record will be made of the key matters discussed at the return to work meeting using the Return to Work Form and this should be held confidentially, and in accordance with the Records Management Policy, on the employee s personal file, with a copy made available to the employee. Further guidelines on the management of confidential health information are provided in the Your Attendance Matters Management Guidelines. 15. Employee Wellbeing Meetings In order to ensure consistency across the CCG, all managers will investigate, and report upon, any employee whose absence records meets or exceeds either the following: 4 separate occasions of absence in a rolling 6 month period. 14 calendar days sickness absence (unless the 14 calendar days absence relate to two periods of sickness that are specific and unrelated) in any rolling 6 month period. Arrangements for part-time colleagues are addressed at the end of the policy. Your Attendance Matters Policy Page 18 of 36

19 Upon an employee s return to work, their level of non-attendance will be measured against the criteria as detailed above. If the employee s absence record does meet or exceeds either of the above criteria, the employee will trigger stage one of the Wellbeing meetings. A return to work interview will form part of an employee return to work process. The absence management procedure stages are as follows: Stage One: First Wellbeing Meeting Stage Two: Second Wellbeing Meeting Stage Three: Third Wellbeing Meeting Stage Four: Dismissal 15.1 Definition of an occasion An occasion is any time when an employee is absent from work because of illness of whatever duration during an expected shift. An expected shift will include normal rostered shifts, overtime and additional working of any duration. An occasion will not include instances such as: Pre-authorised attendance at an appointment with GP, hospital, dentist, optician, special domestic leave, etc. Absences related to injuries or illness sustained at work where the employee is not 100% at fault. Absences that should be or have been managed as long-terms sickness. Pregnancy related absence. The Equality Act 2010 makes it unlawful for employers to discriminate against current or prospective employees who have a disability or have had a disability in the past. Employees who have a condition which is deemed as a disability under the current guidelines and which has been advised to the Mansfield & Ashfield CCG or Newark & Sherwood CCG (as appropriate) via their Occupational Health Advisors or otherwise, must be dealt with in accordance with this Act. This may mean employees being exempt from the stages in the Attendance Matters Policy where their absence is a direct result of their disability (other absences not connected to the disability should be included) Purpose of an employee Wellbeing meeting The purposes of an employee wellbeing meeting will be to review and discuss the employee s level of sickness absence, establish whether there are any underlying reasons, either medical or personal, for the current level of absence and determine what, if any, support can be provided to the employee Right to be accompanied The employee may bring a companion to any investigation hearing, disciplinary hearing or appeal hearing under this policy. The companion may be either a trade union representative or a colleague. They must tell the line manager and/or Your Attendance Matters Policy Page 19 of 36

20 senior manager who their chosen companion is, 5 working days before the meeting. A companion is allowed reasonable time off from duties without loss of pay but no-one is obliged to act as a companion if they do not wish to do so. If the employee If their choice of companion is unreasonable the CCG may ask them to choose someone else, for example: (a) if their companion is unavailable at the time a meeting is scheduled and will not be available for more than five working days afterwards. If the employee or their companion cannot attend the hearing they should inform the CCG immediately and the CCG will arrange an alternative time. They must make every effort to attend the meeting, and failure to attend without good reason may be treated as misconduct in itself. If they fail to attend without good reason on two or more occasions the meeting may proceed in their absence and the CCG may also take a decision in their absence based on the evidence available at the time Stage One - First Wellbeing Meeting The First Wellbeing meeting is a formal meeting where both the employee is entitled to have a companion and the line manager is advised to have a witness present. The line manager will give the employee written notice of the date, time and place of the First Wellbeing meeting. The meeting will be held as soon as reasonably practicable, although the employee will be given at least 10 working days in advance of the meeting to prepare their case based on the information the line manager has given them. The manager will: Check the employee s sickness absence record to gain an accurate picture of the number of days absence the employee has had and the number of separate occasions he/she has been absent. Write to the employee to set up the meeting (using the recommended letter template) enclosing a statement summarising the employee s periods of sickness absence during the relevant period and advising him/her of the right to be accompanied at the meeting. Make sure that the meeting is held in a quiet place with no interruptions or distractions. At the meeting the manager will review: The CCG s absence management procedure. The impact that absence has on the department. The periods of absence that has caused the manager to request the meeting. Your Attendance Matters Policy Page 20 of 36

21 Possible ways for the employee and/or the CCG to assist with improvement in the employee s attendance record. The reasons provided by the employee for their absences, given the employee the opportunity to put forward any explanations and/or mitigating factors. Whether the employee should be referred to the Company s Occupational Health Provider to ascertain whether there are any underlying reasons for the periods of absence. Whether the employee has any non-work related reasons for absence, such as domestic difficulties. In this case the employee will be referred to GEM HR Business Partner team who will advise the manager of any action(s) required. Further information is available in the Your Attendance Matters Management Guidelines and the Your Attendance Matters Employee Guidelines. A confidential record of this meeting will be kept in the employee s file. The result of this meeting will be formally recorded and the employee will be advised of any decisions made by letter. The formal record of the First Wellbeing meeting will be kept in the employee s file. The letter will also include a timescale by when the line manager will implement any action points agreed during the meeting to support the employee. The manager will normally formally notify the employee that a review period of 26 weeks from the date of the last absence will be initiated. If the employee has a further 2 periods of absence during the review period or 5 days of absence, Stage Two will be triggered. (For Part-Time colleagues please refer to guidance at the end of this section). However, if the employee does not have any absences during the review period, the employee will be taken out of the procedure Stage Two - Second Wellbeing meeting The Second Wellbeing meeting is a formal meeting where both the employee is entitled to have a representative and the line manager is advised to have a witness present. The line manager will give the employee written notice of the date, time and place of the Second Wellbeing meeting. The meeting will be held as soon as reasonably practicable, although the employee will be given at least 10 working days in advance of the meeting to prepare their case based on the information the line manager has given them. The manager will: Check the employee s sickness absence record to gain an accurate picture of the number of days absence the employee has had and the number of separate occasions he/she has been absent. Your Attendance Matters Policy Page 21 of 36

22 Write to the employee to set up the meeting (using the recommended letter template) enclosing a statement summarising the employee s periods of sickness absence during the relevant period and advising him/her of the right to be accompanied at the meeting. Make sure that the meeting is held in a quiet place with no interruptions or distractions. At the meeting the manager will review: The CCG s absence management procedure. The impact that absence has on the department. The periods of absence that has caused the manager to request the meeting. The reasons provided by the employee for their absences, given the employee the opportunity to put forward any explanations and/or mitigating factors. Possible ways for the employee and/or the Company to assist with improvement in the employee s attendance record. Any medical evidence available. Whether the employee should be referred to the Company s Occupational Health Provider to ascertain whether there are any underlying reasons for the periods of absence. Whether the employee has any non-work related reasons for absence, such as domestic difficulties. In this case the employee will be referred to GEM HR Business Partner Team, who will advise the manager of any action(s) required. Whether the employee s illness affects their capability to perform their current role. Further information is available in the Your Attendance Matters Management Guidelines and the Your Attendance Matters Employee Guidelines. A confidential record of this meeting will be kept in the employee s file. The result of this meeting will be formally recorded and the employee will be advised of any decisions made by letter. The formal record of the Second Wellbeing meeting will be kept in the employee s file. The letter will also include a timescale by when the line manager will implement any action points agreed during the meeting to support the employee. The employee will normally formally notify the employee that a review period of 26 weeks from the date of the last absence will be initiated. If the employee has a further 2 periods of absence during the review period or 5 days of absence, Stage Three will be triggered. (For Part-Time colleagues please refer to guidance at the end of this section). However, if the employee does not have any absences during the review period, the employee will be taken out of the procedure Stage Three Third Wellbeing Meeting Your Attendance Matters Policy Page 22 of 36

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