ATTENDANCE CAPABILITY POLICY & PROCEDURE (Managing Sickness Absence)

Transcription

1 Wirral University Teaching Hospital NHS Foundation Trust Policy Reference: 152 ATTENDANCE CAPABILITY POLICY & PROCEDURE (Managing Sickness Absence) Version: 8.1 Name and Designation of Policy Author(s) Ratified By (Committee / Group) Lawrence Osgood, Principal OD Manager Workforce & Communication Group Date Ratified 31 st January 2014 Date Published 31 st July 2014 Review Date 31 st January 2017 Target Audience Links to Other Strategies, Policies, Procedures, etc All Staff Any policy linked to performance, conduct or equality and diversity.

2 Content CONTENTS Page 1 Introduction Purpose Scope Levels of Capability Absence Incapability Long Term Absence Incapability Serious Incapability Ill Health Retirement Notification of Sickness Certification Requirements Procedure for Managing Sporadic Absence Capability Guidance on Using the Procedure for Managing Sporadic Absence Capability Return to Work Interviews Informal Counselling Stage 1 Verbal Warning (1 st Letter) Stage 2 Written Warning (2 nd Letter) Stage 3 Final Warning Stage 4 Dismissal Long Term Sickness Ill Health Retirement Procedure Serious Incapability Absence Procedure Contact with Employees Who Are Absent Through Sickness Occupational Health Payment of Sick Pay Abuse of the Occupational Sick Pay Scheme Medical and Other Appointments Absence due to Contagious Disease Disability under the Equality Act Disability Leave NHS Injury Benefits Scheme Potential use in Redundancy Situations Definitions Duties / Responsibilities Individual Roles Director of HR & Organisational Development (HR & OD) Associate Director / Clinical Head of Division or Equivalent Managers Human Resources Managers Occupational Health and Trade Union Staff Representatives All Staff Committee Roles Workforce & Communication Group (W&CG)... 18

3 Divisional Management Teams References Appendices Appendix 1 Return to Work/Contact Record Form Appendix 2 Invite to Informal Counselling Appendix 3 Sickness Absence Counselling Record Form Appendix 4 Guidance on Conducting Sickness Interviews Appendix 5 Interview Checklist Appendix 6 Invite to Stage 1 Meeting Appendix 7 Attendance Capability Stage 1 Verbal Warning (1st Letter) Appendix 8 Invite to Stage 2 Meeting Appendix 9 Attendance Capability Stage 2 Written Warning (2 nd Letter) Appendix 10 Invite to Stage 3 Meeting Appendix 11 Attendance Capability Stage 3 Final Warning Appendix 12 Invite to Stage 4 Meeting Appendix 13 Attendance Capability Stage 4 Dismissal Letter Appendix 14 Healthy Working Occupational Health Referral Form Appendix 15 Procedural information letter for 28 days of continuous absence Appendix 16 Contact With Employees Absent Through Sickness Appendix 17 Invite to Meeting to Discuss Potential Considerations of Serious Incapability... Process Appendix 18 Possible application of Serious Incapability Procedure Letter... 45

4 1 Introduction Wirral University Teaching Hospital NHS Foundation Trust (WUTH) has a clear responsibility for the efficient and effective delivery of its services. A high level of attendance at work is crucial to enable it meet its aims and objectives and reflects shared interests in contributing to the effective performance of the organisation. High sickness absence rates, on the other hand, involve costs for WUTH in terms of sick pay, covering for absent colleagues, lower standards or disruption to its work and can adversely affect morale. WUTH will therefore ensure that sickness absence is effectively managed. To meet its responsibilities, WUTH will: involve all levels of management in managing sickness absence with the objective of achieving maximum attendance levels and enhanced performance deal with sickness absences fairly and with understanding and provide appropriate support through managers, HR and occupational health facilities ensure that clear reporting and recording procedures are in place maintain accurate records of absences attributable to illness or injury regularly monitor trends, patterns and reasons for absence provide staff with an appropriate working environment treat all matters relating to ill-health and injury confidentially ensure that comprehensive guidelines on absence management are produced and reviewed periodically In return, each employee is expected to: attend regularly for work when fit to do so make themselves fully conversant with and comply with reporting procedures including maintaining contact, completing and submitting the relevant forms and certificates and obtaining medical advice and treatment if appropriate to facilitate an early return to work contribute to Return to Work Interviews with their line manager take reasonable care of the health, safety and welfare of themselves and others at work WUTH s approach in cases of sickness absence will be one of support and understanding. Wherever possible, assistance will be given to help ill employees regain full health with Occupational Health service (OH) support as appropriate. Assistance will be offered to employees with disabilities, including provision of reasonable adjustments on a case-bycase basis, as appropriate. Unacceptable levels of absence can be tackled by management action without damaging good staff morale. Employees will want to see understanding shown to those who need to be absent and appropriate action taken against those who abuse the system at the expense of colleagues. The development and operation of sound, fair and consistent procedures is essential, within which the role of line managers not only in managing sickness absence but also in creating a positive working environment is key. A copy of this policy statement will be made available to all employees. Wirral University Teaching Hospital NHS Foundation Trust Page 1 of 45

5 This policy and procedure is intended to give guidance on the steps which should be taken by managers in dealing with employees who are unable to perform their role due to sickness absence, whether it be short or long term sickness. The attendance capability procedure has been developed to ensure that unsatisfactory attendance or failures to achieve the standards set are responded to in a fair and effective manner. WUTH will endeavour, wherever possible, to ensure that all employees are aware of and fully understand the expectations and standards operating within the organisation. 2 Purpose The purpose of this policy / procedure is to: assist and encourage all employees to achieve and maintain satisfactory levels of attendance identify and improve unsatisfactory attendance and to support staff in achieving the required standard provide managers with a framework and guidance to improve the attendance of employees ensure consistent and fair treatment for all employees who experience difficulties in attaining the standard to satisfactorily undertake their job ensure that the standards set out within this policy are applied in situations where an individual s attendance is preventing them from carrying out their role to a required standard 3 Scope This policy applies to all employees of Wirral University Teaching Hospital NHS Foundation Trust. 4 Levels of Capability There are different levels of attendance capability which require managers to act in different ways, these are as follows: 4.1 Absence Incapability The contract of employment assumes attendance at work in order to fulfil the duties and responsibilities of the post. Attendance Capability describes a situation when a member of staff does not attend frequently or reliably enough to fulfil this obligation. For example, when employees are unable to perform their job because of a number of short and/or frequent episodes of sickness absence. The level of attendance assumed has enabled the establishment of triggers to flag up to a manager and member of staff when they are about to reach an unsatisfactory level of attendance. Wirral University Teaching Hospital NHS Foundation Trust Page 2 of 45

6 Absence triggers have been devised to help managers identify when there is a need for a more formal review of the employee s absence levels, however these triggers do not preclude action being taken against an employee who persistently falls just below these triggers. Neither do they preclude the manager from referring an employee to Occupational Health at an earlier stage if necessary (see section 14 for more information). 4.2 Long Term Absence Incapability This relates to an employee who has a serious condition who may ultimately recover over a period of time, but there is no likelihood of a return to work within a reasonable period of time (see section 10 for more information). 4.3 Serious Incapability This occurs either when an Occupational Health Practitioner has advised that the employee should be dismissed due to ill health and ill health retirement is not an option or when a manager identifies a serious level of incapability which impinges significantly on the ability of the employee to undertake their role and which has significant impact on service delivery (see section 12). 4.4 Ill Health Retirement If a member of staff is a member of the Pension Fund, they may apply for early release of their benefits due to continued Ill Health. Whilst this is between the individual and the Pension Fund, the Trust will assist in the preparation and submission of this application. This does not preclude action being taken in accordance with Long Term Absence Capability or Serious Incapability, but must be taken into account when dealing with such cases in order that the application submitted by the member of staff is not prejudiced (see section 12). 5 Notification of Sickness Employees must notify their immediate manager / supervisor or designated person on the first day of their absence. Notification should be by a telephone call from the employee personally directly to their manager / supervisor or designated person unless there are wholly exceptional circumstances. This must be done at the earliest opportunity prior to the normal start time. In exceptional circumstances, if contact cannot be made prior to commencement this should normally be no later than one hour after the normal commencement time of duty. The employee should inform their manager of the nature of the illness, the probable date of return (if possible) and whether a medical opinion has been sought. If an employee fails to comply with the above notification requirements, this may result in loss of occupational sick pay or for persistent offenders, may result in disciplinary action being taken. It is therefore important for all managers to ensure that their staff are aware of the agreed procedures in place and follow them. If an individual does not contact their line manager on the first day of absence, it is the managers responsibility to make enquiries as to the whereabouts of that individual on that day. If a member of staff becomes sick whilst on duty, they should inform their line manager immediately, or as soon as possible, to request to leave work. A record of this should be held on file, but should not count towards the overall sickness rate of the department. Wirral University Teaching Hospital NHS Foundation Trust Page 3 of 45

7 However, where such absences are repeated and in particular if they run to any pattern, they will require managing to ensure that they are controlled. Managers should ensure that all staff absences due to sickness are recorded timely and accurately in order to facilitate proper sickness monitoring. Records of sickness must always indicate the reasons for the absence. 6 Certification Requirements All staff who are absent for a period of more than 4 calendar days and up to 7 calendar days are required to submit a self certificate. From the 8 th day of sickness absence, a medical certificate is required and must be submitted immediately or as soon as reasonably practicable. Failure to comply with these requirements in a timely manner may affect pay and in the most serious cases, disciplinary action may be taken. If the employee still does not feel well enough to return to work at the end of a period stated in a Medical Certificate, they should return to their GP and submit a new Medical Certificate if appropriate. Conversely, if an employee wishes to return to work early, but the OH practitioner advises the relevant line manager that this would not be appropriate (e.g. for reasons of possible cross infection of other employees, or the employee is not considered to be sufficiently recovered from their ill health, etc) the line manager should not permit the individual to return to the work. Staff on annual leave who become sick should inform their manager immediately (whilst on annual leave) and provide a medical certificate from their GP to cover the period being converted to sick leave. Medical certificates must be paid for by the employee, if necessary. Annual leave may then be given back in such circumstances following consultation with the Directorate / Human Resources Managers. 7 Procedure for Managing Sporadic Absence Capability 7.1 Guidance on Using the Procedure for Managing Sporadic Absence Capability It is important to remember that though the number of sickness absences and number of days absent are important elements in determining whether action in accordance with this Procedure is appropriate, it is just as important to consider individual circumstances. These might include: if absence does not hit a trigger, a return to work interview should be carried out but do not move to the next stage. the reasons for the sickness absences and how likely they are to reoccur (e.g. an employee who has consistently good attendance over a number of years is off for a few weeks after sustaining a broken leg, in such case it would probably not be appropriate to issue an improvement notice in such an isolated case) patterns of sickness absence such as frequent Monday and Friday absences whether reasonable adjustments have been made in the workplace to support an employee who suffers with an underlying health condition or disability Wirral University Teaching Hospital NHS Foundation Trust Page 4 of 45

8 considering if any of the sickness absences are regarded as pregnancy related absences as these absences do not count towards trigger points consideration should be given to not applying trigger points to disability related absence as this could be a reasonable adjustment (see section 17) approved disability leave does not count towards a trigger point (see section 18) considering if any of the sickness absences are regarded as work related injuries adverse reaction within 1-2 days of vaccinations individual s willingness to attend the Self Care Programme. A review of any agreed flexible working arrangements will also be considered in the context of the reason for a member of staff s sickness absence. A discussion will take place at the return to work meeting or formal warning meeting to ascertain whether the existing arrangement could be having a detrimental effect on their health and contributing to their absence from work or alternatively to ascertain whether the introduction of a flexible working agreement may improve their health and attendance at work. A record of the discussion and outcome will be documented on the member of staff s return to work form or warning letter. Where flexible working is to be introduced or amended a new flexible working agreement form will need to be completed and a review period confirmed. If the flexible working arrangement is to cease this needs to be confirmed in a letter to the staff member. HR Managers should be consulted over any such actions. Extending Warning Periods. Where a pattern of absence re-occurring soon after the expiry of warnings has been identified there will be the option to extend the period of the warning. The should be discussed and the extended period documented at the warning meeting At each of the stages below it is extremely important that staff with attendance issues understand the improvements required, the timescales for achieving them and possible consequences of not meeting reasonable improvements targets at as early a stage as possible. This should be detailed in the appropriate documentation at each stage. 7.2 Return to Work Interviews After each episode of sickness the manager should conduct a return to work interview using the return to work form (see Appendix 1) at the earliest opportunity. The purpose of this confidential meeting is to provide time to enable individuals either to share any concerns they may have about their recent illness and their general health status in relation to their job or alternatively to report a full recovery. In either case the meeting should provide a reassuring welcome back to work after a period of debilitation. 7.3 Informal Counselling If a member of staff meets any of the following triggers, then this will invoke an informal counselling session: Any period of unauthorised absence, or Three periods of absence within a rolling 6 month period, or A total of 5 days or more within a rolling 6 month period Wirral University Teaching Hospital NHS Foundation Trust Page 5 of 45

9 For example, an employee who had an episode of 2 days then returns from a second episode of 3 days within 6 months will be asked to attend a counselling session. When an employee hits any of the above triggers they must be invited to attend an informal counselling session (see Appendix 2 for invite letter). The session will be used to bring to the employee s attention the reasons why it is felt that their poor attendance is unacceptable, ascertain whether they accept that there is a problem, listen to any explanations or statements made by them, advice on support that is available (OH etc) and discuss how they should seek to improve. The session should take the form of an informal, positive and sympathetic interview (see Appendix 3 for a sickness absence counselling record form). The employee should be given a copy of the Attendance Capability Policy and Procedure and warned that their sickness absence will be monitored. If a trigger is met during the 6 months following the date of resumption from the absence for which the counselling was given they will be required to attend a formal meeting which may lead to formal warnings being given. (For full guidance on conducting sickness interviews and interview checklist, see Appendices 4 & 5). 7.4 Stage 1 Verbal Warning (1 st Letter) If the required improvement has not occurred within the 6 month period following the date of resumption from the absence for which the counselling was given, and as soon as the member of staff has reached one of the triggers, then the employee will be required to attend a formal interview to discuss this matter (see Appendix 6 for invite letter). The triggers are as follows: Any period of unauthorised absence, or Three periods of absence within a rolling 6 month period, or A total of 5 days or more within a rolling 6 month period A copy of this page should be included with the invite letter. The member of staff will be informed of the date and the time of the interview, the reasons for it and be told that they will have an opportunity to put forward an explanation. They will have the right to be accompanied by a Trade Union representative, work place colleague or professional organisation representative. The line manager may be accompanied by another manager or, if required, a HR manager. Points to be covered at the meeting: Steps already taken to encourage / improve attendance The trigger point that they have reached Ascertain the cause of the sickness absence Support available (e.g. Occupational Health, Disability Adviser, etc) Explanation from employee as to reasons for absence The difficulties it causes within the department Issue / do not issue verbal warning (1 st letter) Review period and what happens on next absence Wirral University Teaching Hospital NHS Foundation Trust Page 6 of 45

10 (For full guidance on conducting sickness interviews and interview checklist, see Appendices 4 & 5. The manager should confirm to the employee the outcome in writing within 2 days of the meeting, see Appendix 7 for letter). 7.5 Stage 2 Written Warning (2 nd Letter) If the required improvement has again not occurred within the 6 month period following the date of resumption from the absence for which the verbal warning was given, and as soon as the member of staff has reached one of the triggers, then the employee will be required to attend a formal interview to discuss this matter (see Appendix 8 for invite letter). A copy of this page should be included with the invite letter. The member of staff will be informed of the date and the time of the interview, the reasons for it and be told that they will have an opportunity to put forward an explanation. They will have the right to be accompanied by a Trade Union representative, work place colleague or professional organisation representative. The line manager should be accompanied by another manager or, if required, a HR manager. The points set out for stage 1 should be used in this meeting, but if the absence is substantiated then a written warning (2 nd Letter) will be issued. The employee should have highlighted to them the stage in the procedure they are at and the possible consequences of further absence. The manager should confirm to the employee the outcome in writing within 5 working days of the meeting (see Appendix 9 for letter). 7.6 Stage 3 Final Warning If, during the 12 months following the date of resumption from the absence for which the written warning was given, any of the absence triggers defined above is met, a further formal meeting should be held. The member of staff will be invited to attend the meeting and will be given the date and time of the interview, informed of the reasons for it and be told they will have an opportunity to put forward an explanation. They will have the right to be accompanied by a Trade Union representative, work place colleague or professional organisation representative (see appendix 10 for invite letter). The line manager would normally be accompanied by a HR manager to a meeting at this stage. A copy of this page should be included with the invite letter. Again, the points set out in stage 1 should be followed, but the seriousness of the problem needs to be highlighted further given the stage the employee is at. The employee should be given another copy of the Attendance Capability Policy and Procedure to highlight the stage in the procedure they are at. If the period of absence is substantiated, then the manager must advise at the interview that a final warning has been issued. It must be stressed that further breaches of the triggers may lead to the employee s dismissal. The manager should confirm to the employee the outcome in writing within 5 working days of the meeting (see Appendix 11 for letter). 7.7 Stage 4 Dismissal If, during the 12 months following the date of resumption from the absence for which the final warning was given, any of the absence triggers defined above is again met, a further formal interview should be called. This interview must be conducted by a manager with the level of authority to dismiss (see disciplinary policy) with a representative from Human Resources present. Wirral University Teaching Hospital NHS Foundation Trust Page 7 of 45

11 The member of staff will be informed of the date and the time of the interview, the reasons for it and be told that they will have an opportunity to put forward an explanation. They will have the right to be accompanied by a Trade Union representative, work place colleague or professional organisation representative (see Appendix 12 for invite letter). A copy of this page should be included with the invite letter. At the interview, the manager will remind the employee of the steps already taken to encourage improvement and tell the employee exactly which threshold has been triggered. The employee will have the opportunity to raise any points which they wish to have considered before a decision is taken whether to dismiss the employee. The manager s aim should be to ensure that all possible solutions have been considered before making a decision to dismiss. In addition, consideration should be given and the employee should be advised accordingly of whether Voluntary Early Retirement is an option and the details of this. If dismissal is decided upon, the employee will be dismissed with notice or with pay in lieu of notice, any outstanding annual leave will also be paid. The employee must be informed of their right to appeal (see Appendix 13). If dismissal is not decided upon but further time for improvement is allowed, the interview process as from stage 4 will then be repeated. 8 Long Term Sickness In the case of long term absence, it is widely recognised that the start of formal action should occur after 4 weeks or 28 calendar days, although this is at the manager s discretion dependant upon the circumstances of the case e.g. planned procedures; terminal illness. In the majority of cases there should be an automatic referral to Occupational Health when it is identified that an employee will be absent for 4 weeks or more (see Appendix 14). On return from a long period of sickness absence, it may be appropriate (following advice from Occupational Health) for an employee to return on a phased basis. The phased return should not normally exceed 2 weeks, for this period special leave should be given to ensure there is no loss of pay. Phased return beyond 2 weeks will only be on the recommendation of occupational health and annual leave would normally be used to facilitate this extended period of phasing in. If an employee does not demonstrate that they will be able to return to full duties / hours within a reasonable time scale, a further referral to Occupational Health should be made (see appendix 14). In such circumstances, it may be necessary to vary the employees contract temporarily or look at alternative roles, however, managers should seek advice from Human Resources. Ultimately, extended absence may lead to the serious incapability absence procedure being applied (see section 12). Long term absences may also count towards the triggers in the sporadic absence process. In cases where an individual has been diagnosed with a terminal illness, the manager must seek the advice of the HR Manager to ensure that the member of staff is managed in such a way that recognises the special circumstances of their absence and the need for the organisation to ensure that the individual s best interests are protected. Wirral University Teaching Hospital NHS Foundation Trust Page 8 of 45

12 In some circumstances the option for a member of staff to commence an Employment Break may be considered. The Trust s Employment Break policy is available on the intranet and your Divisional HR Manager should be consulted for advice. 9 Ill Health Retirement Procedure If a member of staff is a member of the Pension Fund, they may apply for early release of their benefits due to continued Ill Health. Whilst this is between the individual and the Pension Fund, the Trust will assist in the preparation and submission of this application. This does not preclude action being taken in accordance with Long Term Absence Capability or Serious Incapability, but must be taken into account when dealing with such cases in order that the application submitted by the member of staff is not prejudiced. Where it has been established that an employee is unfit to return to work in the foreseeable future and medical advice has been received to this effect, then the option of early retirement on health grounds, if available, should be discussed with the individual and their representative. Further advice and relevant forms can be obtained from the Pensions Officer regarding ill health retirement. 10 Serious Incapability Absence Procedure This procedure may be used where a manager identifies a serious level of incapability which impinges significantly on the ability of the employee to undertake their role and which has significant impact on service delivery. A serious level of incapability occurs where there is 1. a long term absence where there is no firm indication of a return to work within a reasonable time; or 2. an extended record of high levels of long term sickness absence over a period of years. These may not reach stage 4 as a result of hitting the triggers for sporadic absence (as only a small number of long term absences per year) and the conditions may be such that the employee does resume from each occasion, but the net effect is of an inability to attend consistently over a protracted period seriously impinging their ability to carry out their role. A member of staff who may fall under this definition should first be warned that the application of this serious incapability absence procedure is being considered before any further action is taken (see appendix 17 & 18). This is in order that they then have an opportunity to resolve the issues before further action is taken. Where there is a serious level of incapability a formal interview should be arranged as per stage 4 of the managing absence procedure (see Appendix 12 for invite letter). Before progressing to this stage Line Managers should discuss with their Human Resources Manager. The manager s aim should be to ensure that all possible solutions have been considered before making a decision to dismiss (see section 18). In addition, consideration should be given and the employee should be advised accordingly of whether Voluntary Early Retirement is an option and the details of this. Wirral University Teaching Hospital NHS Foundation Trust Page 9 of 45

13 The formal interview should be conducted by a manager with the level of authority to dismiss (as per disciplinary procedure) with a representative from Human Resources present. If dismissal is decided upon, the employee will be dismissed with notice or with pay in lieu of notice. The employee must be informed in writing including their right to appeal (see Appendix 13). If further measures are to be considered as an alternative to dismissal, a letter should be issued outlining the action to be taken and the time scales involved. 11 Contact with Employees Who Are Absent Through Sickness Short Term Contact everyday unless agreed otherwise. Long Term (28 days continuous absence) Line managers should ensure contact with the staff member every 2 weeks and meet with them before 28 days continuous absence is reached; thereafter to meet on a regular basis. Letter at Appendix 15 should be sent to members of staff not due to return before 4 weeks of sickness absence. Line managers should meet the staff member to plan and facilitate a return to work plan if appropriate. This may include consideration of any phased return arrangements advised by Occupational Health. Again, details of these meetings should be documented on the Contact Form. On the staff member s Return to Work the line manager should meet them to plan and undertake workplace controls and adjustments if appropriate, and details recorded on the Return to Work form. Maintaining Contact Every time contact is made with the absent employee, either verbal or face to face, formal or informal meetings should be documented by the line manager on the Contact Form contained in the Return to Work form (Appendix 1). This should include details of occasions where line managers have been unable to contact the employee. This ensures discussions and agreed measures are recorded and actioned appropriately and that the procedures in this policy have been followed. Keeping in touch with absent colleagues is important but it should be done in a supportive way and not be felt by staff to be an additional burden or pressure. Contact should not only establish how the employee is and how their recovery may be progressing, but also aimed at keeping them in touch with what is going on in the workplace. Being available for contact is a condition of the Occupational Sick Pay Scheme (OSP) and whilst this would be a last resort, should a member of staff refuse to respond to contact they should be informed that this is a condition of employment and as such could compromise the continued payment of OSP. Wirral University Teaching Hospital NHS Foundation Trust Page 10 of 45

14 If an employee is likely to remain absent for a prolonged period, the line manager and the employee should agree how personal contact will be maintained with the circumstances of the sickness, for instance a phone call on the same day / time every other week. There are occasions when an individual who is absent on sick leave is away from their home address (e.g. to stay with parents, convalesce, go on holiday (acceptable as long as nothing is done which might worsen the condition or otherwise prolong the sickness absence)). The employee must contact the manager to ensure that they do not need to be available to meet, and to provide the manager with their new contact details. In circumstances where the member of staff is leaving the country they must seek permission to do so to ensure that they are not contravening the Statutory Sick Pay regulations. Regular contact must be maintained with employees who are absent. It is difficult to give precise guidance as each case must be treated on an individual basis, however it is advisable to contact absent employees as early as possible and certainly not let more than 14 consecutive sick days go by without contact. Thereafter, contact every two weeks would be a minimum standard. If an employee is absent due to sickness for more than seven calendar days, line managers should record any contact made. Line managers should regularly meet with the employee. The venue for these meetings should be mutually agreed, whether the office, home or an alternative location. The timing of the meetings would depend on the nature and length of the illness but in any event the first should take place before the employee has reached 28 calendar days continuous absence. In addition, a meeting should always take place prior to an employee entering a no-pay situation. The meeting should be used to establish not only how an employee s recovery may be progressing and their anticipated return to work, but also to discuss any concerns the employee may have about their absence from work. It should also provide an opportunity to review what support can be provided to the employee and whether the use of reduced hours or alternative duties to ease a return to full duty is appropriate. Each time a meeting takes place, a record of the fact must be made and placed on the employee s sickness file and a copy given to the individual. The flow chart provided at Appendix 16 shows the contact arrangements expected and actions required should contact not be maintained. 12 Occupational Health An employee may be required to undergo a medical examination at the Occupational Health department, irrespective of the reason or duration of absence, to assist the department in identifying the appropriate way forward and action necessary. If a member of staff is absent for a number of weeks and is unsure about the likely length of their absence, their case may be referred to Occupational Health for advice (see Appendix 14). If an employee is unable to attend an Occupational Health appointment they should notify the Occupational Health department and their line manager as soon as possible of the reason. If an employee fails to attend an appointment, the line manager should contact them to determine the reason and the employee may be charged the cost of not attending. Attending Occupational Health is a condition of the Occupational Sick Pay Scheme (OSP) and whilst this would be a last resort, should a member of staff refuse to attend/co operate Wirral University Teaching Hospital NHS Foundation Trust Page 11 of 45

15 they should be informed that this is a condition of employment and as such could compromise the continued payment of OSP. Persistent failure to attend scheduled Occupational Health appointments may be dealt with under the Disciplinary Policy. In cases where stress or stress related illness is the reason for the absence then the employee should be referred immediately to Occupational Health. In all cases where an industrial injury has been identified and is the cause of the absence, then the employee should be referred immediately to Occupational Health. 13 Payment of Sick Pay Pay during sickness absence will be paid at basic salary level (that is the appropriate pay point in the relevant pay circular) inclusive of any high cost area supplement. It will not include any other allowances or payments linked to working patterns or additional work commitments, e.g. unsocial hours payments. However, Allowances will be included when calculating sick pay for the following: The lowest paid staff on spine points 1-8 of Agenda for Change pay structure Those absent due to a work related injury or disease in the actual discharge of their duties (Section 14.6, NHS terms and conditions of service handbook). This is subject to the Injury Benefit discussions and any changes that may occur to 14.6 of the handbook. 14 Abuse of the Occupational Sick Pay Scheme Abuse of the sickness scheme will be dealt with under the disciplinary procedure. Examples of this include a member of staff who is absent, but there is evidence to support the view that they are not sick e.g. working for another employer; undertaking activities which would be inappropriate in light of the illness reported etc. If an employee is absent on account of sickness due or attributable to deliberate conduct prejudicial to recovery; or the employee s own misconduct or neglect; or active participation in professional sport; or injury while working in the employees own time on their own account, or for private gain or for another employer, occupational sick pay may be suspended and action taken in accordance with this Policy and Procedure or the Disciplinary Policy as appropriate. The manager should contact the HR department before any such action is taken. 15 Medical and Other Appointments Employees should wherever possible arrange appointments outside of normal or rostered working hours. When this is not possible, employees should seek to arrange appointments that minimise the disruption to work. Where this cannot be arranged, permission to attend during work hours should be sought and should not be unreasonably refused. Except in cases of emergency, the employee should advise their line manager of the proposed time of the appointment as soon as possible and must produce an appointment card or letter if asked. Where there are a series of appointments for regular Wirral University Teaching Hospital NHS Foundation Trust Page 12 of 45

16 and on-going treatment, acceptable arrangements need to be approved by the line manager for handling these. Staff taking prescribed or other medication should speak to their manager and contact the Occupational Health Department for advice if they think that the medication they are taking may have an adverse effect on their ability to carry out their duties 16 Absence due to Contagious Disease Occasions may arise when a member of staff contracts a contagious or highly infectious illness. In the best interest of patients and colleagues or when a line manager is concerned for the health, safety and wellbeing of the individual or team, the individual will be advised to leave work or not to report for duty. Where such a control measure is taken, individuals are still responsible for their own attendance and must remain in contact with their line manager informing them prior to the commencement of the next planned shift if they are to remain absent. In such circumstances line managers should continue to manage the absence in accordance with this policy. Reasons for absence should always be considered before moving on to the next stage of the formal stages outlined in section 9. Please note that as an alternative to sickness absence. It may be possible that some staff can work from home depending on the nature of their duties. During a period when an outbreak of noro virus has been declared in the hospital if staff have been in contact with those areas and subsequently have a related short absence, managers are advised to use their discretion. 17 Disability under the Equality Act 2010 The Equality Act protects people with disabilities from discrimination in the field of employment. As part of this protection managers should make reasonable adjustments if employment arrangements or premises place people with disabilities at a substantial disadvantage compared with people without disabilities. The Act applies to all staff who can demonstrate that they have a disability within the meaning of the Act. The Act defines a person with a disability as: someone with a physical or mental impairment which has a substantial and long term effect upon their ability to carry out normal day to day activities Please note that Cancer, HIV infection and multiple sclerosis are each a disability. In determining what reasonable adjustments should be made, the following should be considered: The extent to which it is practical to make the adjustment (i.e. impact on core duties) Effects on the quality of service provided, and including, the impact on service users and other team members Financial and other costs, including any options for assistance (e.g. via the Disability Adviser, Access to work) Wirral University Teaching Hospital NHS Foundation Trust Page 13 of 45

17 The following is a non-exhaustive list of potential reasonable adjustments that a manager might make to facilitate an employee s return to work: Making adjustments to the premises Allocating some of the disabled person s duties to another person Altering the employee s working hours Acquiring or modifying equipment Providing supervision Granting reasonable time off to receive treatment / rehabilitation Redeploying the employee to a suitable existing vacancy Consideration should be given to not applying trigger points. Where an employee with a disability refuses all reasonable adjustments to their employment and there are no other reasonable alternatives open to the employer; or where all appropriate reasonable adjustments have been made and the employees attendance still falls below the required standard, the Equality Act 2010 does not require employers to treat a person with a disability better than persons who do not have a disability, by taking unreasonable steps to ensure their continued employment. Where reasonable adjustments are made, the employee should be given reasonable time to adjust to the changes. If the employee is still unable to meet levels of attendance expected and agreed to, action in accordance with this Policy and Procedure should be considered. The Equality Act 2010 does not require all disability-related absence to be automatically discounted on every occasion; nor does it require an employer to retain an employee indefinitely if they are frequently absent due to a disability. However, before counting disability-related absences towards trigger points as described in this Policy and Procedure, line managers must be able to demonstrate that: All reasonable adjustments have been made to reorganise a job around functions that the employee can perform All reasonable adjustments have been made to working practices, the workplace and its location that place the disabled employee at a substantial disadvantage, including adequate training They have taken account of legal requirements Where the combination of both disability-related and general sickness absence exceed the trigger points for formal unsatisfactory attendance procedure, the line manager should seek advice from HR. The line manager and HR representative should consult with OHS and the employee with the disability for advice on any reasonable adjustments that should be considered. For more information on managing employees with a disability please see the Trusts Valuing Ability Policy and seek advice from your HR Manager/ disability advisor where necessary. Wirral University Teaching Hospital NHS Foundation Trust Page 14 of 45

18 18 Disability Leave Disability leave is different from sick leave or annual holiday entitlement. It is used to allow staff a reasonable amount of paid time off for planned rehabilitation, assessment or treatment. Examples of situations where disability leave might be appropriate include: time off to attend annual check-ups medical appointments that occur unavoidably during working hours time off for treatment or surgery, such as chemotherapy, physiotherapy, etc time off to attend physiotherapy time off for counselling and hospital appointments time off for specific rehabilitation activities such as assistance dog training or sign language training Time taken for disability leave should always be recorded separately to sickness absence. An appointment card or letter must be produced upon request. Please see Trust Disability Leave policy for further advice on appropriate application of Disability Leave. 19 NHS Injury Benefits Scheme The purpose of the NHS Injury Benefits Scheme is to provide an annual income to an employee who suffers a temporary loss of NHS earnings temporary injury allowance (TIA) or a permanent loss of earnings ability - permanent injury benefits (PIB), resulting from an injury wholly or mainly attributable to the duties of their NHS employment. The Scheme may also pay benefits to the spouse and dependants of a NHS employee whose death has been caused by or hastened by their NHS duties. Guidelines can be located on the HR/OD website via the following link: 20 Potential use in Redundancy Situations Absence history can be considered as part of the selection criteria for redundancy purposes. When attendance records are to be used Trust management will carefully assess the reasons for and extent of absences. Absences relating directly to pregnancy, maternity or disability will be discounted. Please see Redundancy policy for further details. 21 Definitions WUTH is an acronym for Wirral University Teaching Hospital NHS Foundation Trust Occupational Health Service (OHS) Wirral University Teaching Hospital NHS Foundation Trust Page 15 of 45

19 The role of the Occupational Health Service is to provide occupational health advice to the Trust, proactive Health Protection, and support to members of staff, reporting meaningful information to managers to enable them to manage sickness absence / improve attendance. The definition of disability under the Equality Act 2010 The Act defines a person with a disability if: they have a physical or mental impairment the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities Attendance Capability The contract of employment assumes attendance at work in order to fulfil the duties and responsibilities of the post. Attendance Capability describes a situation when a member of staff does not attend frequently or reliably enough, or when they are unlikely to attend in the foreseeable future, to fulfil this obligation. 22 Duties / Responsibilities 22.1 Individual Roles Director of HR & Organisational Development (HR & OD) The Director of HR & OD is the Executive Director with responsibility for the systems and processes relating to attendance capability at WUTH. The Director of HR & OD is responsible maintaining an organisational overview and for ensuring that attendance is recorded, analysed to identify preventative or remedial action and reported as set out within this policy Associate Director / Clinical Head of Division or Equivalent The Associate Director / Clinical Head of Division or equivalent is responsible for the development of a culture of attendance within the Division/Department, together with the proper management of absence in accordance with this policy. They will ensure that the procedure is communicated and applied within the Division/Department and assist to managers where appropriate to ensure compliance. In addition, the Associate Director/Clinical Head of Division or equivalent is responsible for ensuring that data both quantitative and qualitative is analysed within the Division for the purposes of improvement, compliance and to risk assess the implications of high levels of absence Managers Sickness absence management is primarily the responsibility of line managers, assisted by the provision of support services such as occupational health and human resources. Line Managers will: be consistent and fair offer support as appropriate take responsibility for ensuring accurate recording of sickness manage the sickness absence procedure in a balanced and responsive way ensure that sickness reporting procedures are adhered to (e.g. that certificates are produced on time) and should take action if they are not Wirral University Teaching Hospital NHS Foundation Trust Page 16 of 45

20 keep up to date on progress during absence arrange home visits by agreement where appropriate support rehabilitation programmes which may be recommended by medical professionals recognise and acknowledge good attendance and improvements when they occur take appropriate action in dealing with those who abuse the system show discretion, fairness and understanding when considering cases consider whether, compassionate, special, unpaid or disability leave is appropriate ensure that any risk associated with high levels of absence are managed in accordance with the Trust s Risk Management Strategy Human Resources Managers The HR Manager will contribute to the development and review of the procedure. They will assist in communication and dissemination of the procedure. They are responsible for providing advice on the implementation of this procedure and the development of action plans to address areas of non-compliance. The HR Manager has a responsibility to support line managers who are managing sickness absence where required. The HR&OD department will produce monthly sickness statistics and is responsible for ensuring that data both quantitative and qualitative is analysed within for the purposes of improvement, compliance and to risk assess the implications of high levels of absence Occupational Health and Trade Union Staff Representatives Occupational Health, Trade Union Representatives and Professional Organisation Representatives are responsible for supporting staff where requested. Occupational Health has a responsibility to respond to individual and management health referrals in a timely and appropriate way. Their role is to provide occupational health advice to the Trust, proactive Health Protection, and support to members of staff, reporting meaningful information to managers to enable them to manage sickness absence / improve attendance All Staff All staff have a responsibility to attend the workplace as contracted. To inform their manager of their sickness in accordance with the guidelines for notifying of sickness found in this procedure. Staff have a responsibility to seek medical attention to enable them to regain their health as soon as possible. Staff must provide their line manager or other appropriate manager, with the reasons for sickness absence and an indication of when they expect to return to work. Staff must remain in contact with their line manager throughout the duration of their sickness absence, informing them of any changes in circumstances regarding the sickness absence. Wirral University Teaching Hospital NHS Foundation Trust Page 17 of 45