Managing Attendance Policy NO. HRP5

Transcription

1 Managing Attendance Policy NO. HRP5 Version: 3 Applies to:- All staff Committee for Approval Education & Workforce Committee Date of Approval 25 January 2017 Review Date June 2020 Title of Lead Manager Summary key points:- Director of HR & Organisational Development The purpose of the policy is to set out the trust s approach to managing attendance in the workplace. A toolkit is available on the StaffZone to support the application of this policy. UNLESS THIS VERSION HAS BEEN TAKEN DIRECTLY FROM THE TRUST WEB SITE THERE IS NO ASSURANCE THIS IS THE CORRECT VERSION A completed Equality Impact Assessment will be available on the trusts website Managing Attendance Policy v3 1

2 CONTENTS Paragraph Page 1 Introduction 4 2 Policy Statement 4 3 Scope 4 4 General Principles 4 5 Equality Impact Assessment 5 6 Representation 5 7 Misconduct Cases / Fraud 5 8 Definitions 6 9 Statement of Responsibilities The Trust Chief Executive Director of HR & Organisational Development Human Resources (HR) Department Occupational Health Health and Safety Advisor Trade Unions/Joint Staff Side (JUSS) Divisional Managers/Heads of Service Service leads/line Managers All Employees 9 10 Procedure for Reporting Absence One to Seven days absence (Self Certification) Eight or more days absence (GP Fit Note) Sickness Whilst at Work Annual Leave/Holidays Sickness during annual leave Holidays during sick leave Top up and Carryover of annual leave Entitlement to annual leave on conclusion of employment Records and Monitoring Sick Pay Arrangements Return to Work Meeting Attendance at Meetings Postponement of a Formal Meeting Cosmetic Surgery Attendance for Appointments for Fertility Treatment Sickness Absence and Working of Additional Hours Employees with more than one contract Special Circumstances Disabilities and Reasonable Adjustments Procedure for Managing Stress Health Indicators Procedure for Managing Short Term Sickness Absences 18 Managing Attendance Policy v3 2

3 26.1 The Procedure for Handling Cases of this nature Informal Counselling Meeting Stage 1 First Formal Attendance Meeting Stage 2 Second Formal Attendance Meeting Stage 3 Final Formal Attendance Meeting Long Term Absence Medically Fit to Continue in Present Employment Phased Return to Work Consideration of Reasonable Adjustments Redeployment Employment Breaks Conclusion of Employment NHS Ill health Pension Industrial Injuries/NHS Injury Allowance Training/Support for staff Medical Suspension Appeal Process Conclusion Consultation with Stakeholders Dissemination Approval & Ratification Review Document Control & Archiving Process for Monitoring Effective Implementation Other relevant procedural documents References 28 Version Control Version No Type of Change Date Description of change 1 New 2 Planned review December Planned review January 2017 Managing Attendance Policy v3 3

4 Managing Attendance Policy 1.0 INTRODUCTION Wirral Community NHS Foundation Trust (the trust) values the contribution of its staff in the delivery of a quality service to our patients/clients. Whilst recognising that staff sickness absence may be unavoidable through ill health, the trust has a duty to maintain service delivery and minimise disruption. The trust is therefore committed to managing attendance and sickness absence and believes it is the responsibility of its managers, trade union representatives and staff to work together to promote a positive work environment where effective procedures for handling sickness absence and ill health are maintained. The trust is committed to supporting all employees to return to the work place as early as possible and will continue to develop wellbeing initiatives to improve attendance levels, improve employees wellbeing in the workplace and facilitate their recovery and rehabilitation back to work following any period of sickness absence and to maintain good attendance at work. The Managing Attendance Toolkit provides relevant documents in support of this policy and is available on the Staff Zone. 2.0 POLICY STATEMENT The trust recognises that most staff will have some sickness at one time or another and aims to support, encourage and enable regular and reliable attendance at work. However, given the impact that sickness absence has on service delivery, all employees of the trust have a duty to ensure that absence is kept to a minimum. The purpose of the policy is to set out the trust s approach to managing attendance in the workplace by creating a framework within which managers are able to address the issue of management of attendance and sickness absence with a consistent, supportive and fair approach. Employees will not be treated any less favourably on the grounds of: status, age, race, gender, gender reassignment, disability, religion/belief, marriage and civil partnership, pregnancy and maternity or sexual orientation. 3.0 SCOPE This policy applies to all trust employees in relation to their attendance at work. 4.0 GENERAL PRINCIPLES Management of attendance is critical in ensuring that service need is met and employee welfare optimised. The trust recognises that its employees are its key resource and as a responsible employer we undertake to provide payments to employees who are unable to attend work due to sickness. (See Section Sick Pay Arrangements) The trust will be caring and supportive and will meet its obligations as a good employer towards anyone who has genuine grounds for absence for whatever reason. This support includes: access to the Employee Assistance Programme (EAP) Managing Attendance Policy v3 4

5 help to identify the nature of an employee s illness by using Occupational Health where appropriate leave for necessary absences not caused by sickness (Work life Balance Policy) a flexible approach to the taking of annual leave (Annual Leave and Bank Holiday Policy) Each absence will be reviewed by the line manager to assess the type of absence from work and which policies are relevant e.g. Flexible Working Policy, Work life Balance Policy. In cases where it becomes apparent that excessive absence from work is affecting an individual s performance at work, this will be monitored and reviewed in accordance with the Managing Performance Policy. The aim of this policy is to continue to support a culture where good attendance is the norm and unnecessary absence is unacceptable to all. If a line manager has a particular concern about an employee s health because of a behaviour change then a discussion should take place with the employee and a referral to Occupational Health should be made. Any employee who suffers from ill health should be treated in a supportive way and should receive benefits that he/she are entitled to, which may include NHS Injury Allowance, if appropriate, in line with Section 28.0 of this policy. 5.0 EQUALITY IMPACT ASSESSMENT The trust is committed to an environment that promotes equality and embraces diversity in its performance as an employer and service provider. It will adhere to legal and performance requirements and mainstream equality and diversity principles through its policies, procedures and processes. To ensure that the implementation of this policy does not have an adverse impact on employees, the trust has conducted an Equality Impact Assessment and will monitor workforce information to ensure that this policy is implemented fairly. 6.0 REPRESENTATION At all stages of the formal procedure employees are entitled to be accompanied by either a trade union representative or a work based colleague. Managers must ensure that an employee is made aware of this right and that it is the employee s responsibility to arrange attendance. The role of the work based colleague is to support the employee in sickness absence review meetings and not to act as a representative. 7.0 MISCONDUCT CASES / FRAUD Where there is clear evidence that an employee is abusing his/her sick leave or sick pay entitlements, the matter should be managed in line with under HRP1 Standards of Conduct and Disciplinary Policy. Managing Attendance Policy v3 5

6 Where fraud is suspected, advice should be sought from the Fraud Team. 8.0 DEFINITIONS Sickness absence is defined as any period of absence attributed to ill health. Each case of sickness absence will be different and should be managed based on its own particular circumstances. Sickness absence will be categorised as either short term absence or long term absence and can be defined within the trust as follows: Short term sickness absence: This is normally frequent, short term episodes, often unrelated and due to minor illnesses, or where a pattern has emerged, whether or not covered by a GP fit note, including a self certificate. Long term sickness absence: Continuous absence of 4 weeks or more. Sickness absence review: A meeting that takes place with employees who are absent long term due to ill health. These meetings are usually held every 4 weeks throughout the period of absence. Formal attendance meeting: A meeting that takes place with employees in the formal stages of the short term absence procedure. Employee assistance programme (EAP): A free confidential life management and personal support service available to all employees. The service also offers counselling or cognitive behavioural therapy sessions, if required. 9.0 STATEMENT OF RESPONSIBILITIES 9.1 The Trust The trust has a responsibility to ensure that the appropriate policies and procedures are in place to promote the good health and wellbeing of all staff in order to enable employees to provide regular and effective attendance at work. 9.2 Chief Executive The Chief Executive has overarching responsibility for ensuring the content of this policy is applied consistently and fairly across the trust. 9.3 Director of Human Resources & Organisational Development The Director of HR & Organisational Development is the named officer responsible for ensuring the content of this policy is applied consistently and fairly across the organisation. 9.4 Human Resources (HR) Department The HR Department has a responsibility to monitor the implementation of the Managing Attendance Policy and to ensure procedures are managed fairly across the trust. The HR Department will provide training, guidance and support to line managers on the operation of this policy, which will reflect individual and business needs. Managing Attendance Policy v3 6

7 9.5 Occupational Health Occupational Health offer advice and support to managers and employee s. A manager refers an employee to Occupational Health in order to obtain a report on their fitness to perform the duties of their post. In all cases of long-term sick, disability, stress (work related or otherwise) or musculoskeletal problems the advice of Occupational Health or Physiotherapy must be sought. This will ensure early intervention takes place in order to support the employee as soon as possible. Where staff need to attend such appointments, their working hours will be discussed with the line manager so that necessary arrangements for cover can be put in place. Employees are not required to give consent in order for a management referral to be made but the line manager is required to discuss the nature of the referral with the employee prior to completing the referral documentation (please refer to the Toolkit). Occupational Health will also offer advice and support to managers in order to facilitate effective sickness absence management and return to work assessments. Where appropriate, Occupational Health will provide advice, support and guidance on redeployment. Managers should use the advice provided by Occupational Health to aid the decision making process. A copy of the Occupational Heath report will be forwarded to the line manager. It is the line manager s responsibility to forward a copy of the report to the employee, and this must be done promptly after receipt of the report. Where it is felt either by the employee or the line manager that the staff member would benefit from receiving physiotherapy, the line manager can make a direct referral to the Physiotherapy Department. Referral forms are located within the Managing Attendance Tool Kit. The trust recognises that staff may sometimes need support to deal with challenging situations, both emotionally and practically. The Employee Assistance Programme (EAP) is a free confidential life management and personal support service that is available to all staff and their families. EAP offers expert advice, invaluable information as well as specialist counselling and support 24hrs 7 days a week. EAP can also arrange for a series of up to 6 personal counselling sessions and 4 cognitive behavioural therapy sessions where this is beneficial to sustain attendance or facilitate a return to work. Where staff have accessed the EAP this is a confidential service and the line manager will not receive a report. 9.6 Health and Safety Advisor The health and safety advisor has a responsibility to provide advice, guidance and support to line managers on work place risk assessments for employees who have been absent for a period of long term sickness absence and who may need adjustments to the workplace. Managing Attendance Policy v3 7

8 9.7 Joint Union Staff Side (JUSS) Staff side/trade union representatives have an important role to play in providing advice and support to an employee and to facilitate a way forward, working in partnership with managers in reducing sickness absence across the organisation. 9.8 Divisional Manager/Head of Service The divisional manager/head of service is responsible for overseeing the dissemination and implementation of this policy across their service 9.9 Service Lead/Line Managers Service leads/line managers are responsible for the dissemination and implementation of this policy within their teams. They are responsible for monitoring sickness levels and instigating improvement plans when required. Service leads/line managers also have a responsibility to provide good physical and emotional working conditions and maintain health and safety standards. Line managers must ensure they are proactive in recognising, wherever possible, any potential signs or indicators that may lead to an employee being absent from the workplace and to look at what support can be provided to try and maintain attendance. Service leads/line managers must:- follow the policy to ensure consistency and fairness in regards to its implementation, failure to do so may result in possible disciplinary action being taken be responsible for making appropriate referrals to Occupational Health, in line with this policy upon receipt of the occupational health report, it is the line managers responsibility to forward a copy of the report to the employee and to discuss the management advice with the human resources advisor be responsible for contacting their staff who are absent from work to establish the reasons and the potential length of their absence be responsible for making suitable arrangements for communication with the member of staff whilst they are absent from work conduct return to work meetings after every absence and as soon as possible following the return to work be responsible for maintaining accurate records, including the timely submission of esars ( and Manager Self Service updates in ESR ) to enable the correct payment of salaries on a monthly basis ensure that any action plans that are required for their service are returned to HR by the required date for reporting actions to the Education and Workforce Committee It is important to note that if the manager/staff member is of the view that the occupational health report is factually inaccurate then both parties should discuss this in the first instance and agree a way forward. Managing Attendance Policy v3 8

9 In cases where the line manager believes that the report is not a true reflection of the circumstances, following a discussion with the employee they may request a revised report from Occupational Health who will consider the request. They are also responsible for notifying Occupational Health of any discrepancies within the report, so that their records are up to date and accurate. Line managers should make staff aware that they can access the Employee Assistance Programme which is an independent support service and leaflets are either available from the line manager, Occupational Health, HR Team or the Staff Zone All Employees All employees have a responsibility for their own health and well-being at work and the health and safety of themselves and others. All employees have a responsibility to maintain high levels of attendance, maintain health and safety standards and provide a regular and effective service to the trust. Employees must: discuss with their line managers any potential health concerns which may result in any future absences in order to try and maintain attendance where possible be aware of and follow the sickness absence procedures for reporting sickness absence inform their line manager or nominated person of their sickness absence, providing a reason, and the anticipated length of their absence, as well as any details of any work that may need to be covered in their absence keep in touch with their line manager if the period of sickness continues, keeping them informed of any progress, agreeing times and frequency of communications attend sickness absence review meetings inform their line manager or nominated person immediately if their sickness absence is work related i.e. stress or as a result of an accident at work expect to be contacted by their line manager whilst they are absent work advise their line manager of their fitness to return to work at the earliest opportunity Where referred to Occupational Health as part of the absence management process, employees are required to attend as this is a contractual obligation. Failure to attend an arranged Occupational Health appointment incurs an unnecessary cost to the trust. The line manager will inform the employee of their appointment date and time and if they are unable to attend the line manager must rearrange the appointment with Occupational Health. If the employee is unable to attend at short notice, they must contact their line manager to rearrange the appointment; they cannot cancel it themselves. Any appointment not cancelled within 48 hours will incur a recharge to the divisional budget. Where employees refuse to co-operate in providing medical evidence or to undergo assessment, the employee should be aware that any management decision will be taken on the basis of the information available. This could include conclusion of employment following due process. Managing Attendance Policy v3 9

10 All employees are required to report absence and submit GP fit notes promptly for monitoring and payroll purposes. Failure to do so may result in their pay being stopped for the days concerned and/or action being taken in line with the trust s Disciplinary Policy PROCEDURE FOR REPORTING ABSENCE Employees are required to notify their line manager or nominated deputy of their absence as far in advance as possible prior to commencement of the shift/period of duty. As a minimum this must be within the first hour of the expected starting time. Texts and s are unacceptable. Employees should state the reason for their absence, including where necessary if absence is due to a work related injury and indicate the likely duration of absence. Should an employee not contact their line manager by the required time for reporting their absence, the line manager will attempt to contact the employee at home. Following the reporting of an absence, the line manager must speak with the individual to ensure that any support required is offered. This may be undertaken when the individual initially reports the absence or shortly after if a message is left. This conversation is to be recorded on the return to work form which will then be completed on the individual s return to work and agreed by both parties. There should be an agreed communication plan between the employee and their manager if the absence is likely to continue. Consideration will, of course, be given to employees who find themselves in exceptional circumstances, which does not allow them to meet this obligation. Only in these circumstances will a call from another person on behalf of the employee be acceptable. In some departments/directorates the notification procedure may vary from the above and employees will be informed at departmental/directorate and local induction of these arrangements. If an employee who has been absent due to illness is fit to resume work the next day and this is a non- working day the employee must notify their manager that they are now fit before the non- working day so as the absence can be closed for sick pay purposes (please note nonworking days do not count towards health indicators) 10.1 One to Seven Days Absence (Self-Certification) Where an employee is absent for a period up to 7 days they are required to complete a selfcertification form (see Toolkit) this should be retained by the line manager on the employee s personal file Eight or More Days Absence ( GP Fit Note) If an employee s sickness absence is likely to continue over seven calendar days they must produce a fit note to be provided to their manager as soon as possible SICKNESS WHILST AT WORK Where an employee arrives for work and then subsequently goes home, this absence will not be recorded as sickness for payroll purposes but a record should still be kept of the absence. These absences may still be monitored and considered in relation to the health Managing Attendance Policy v3 10

11 indicators/patterns within this policy; however they do not contribute to the deduction of sick pay ANNUAL LEAVE / HOLIDAYS 12.1 Sickness during Annual Leave Employees who become sick during a period of annual leave are required to follow the reporting procedures as laid down in this policy. Following the correct reporting procedures the line manager should reimburse the employees annual leave for the period of certified sickness following receipt of a note from the GP (please be aware that this is not a GP Fit note as GP s will only issue these after an absence of more than 7 days) 12.2 Holidays during Sick Leave It is not normally expected that employees will be fit enough to pursue a holiday during a period of sickness, however, in some cases, where the GP has recommended that this would aid their recovery and as part of their recuperation, this time will be recorded as sick leave provided that the employee notifies their line manager in advance and that the period is covered by a GP Fit Note. Otherwise, employees will be expected to be available to attend sickness review meetings or occupational health appointments during the period of absence. Where an employee has prearranged holidays during the period of sickness, they will have the option to take their leave at an alternative period. If this means that they will not be able to take their leave during the current leave year period they will be entitled to carry over the statutory amount as outlined in Section Top up and Carryover of Annual Leave Employees who are on half pay or nil pay due to being on long-term sick (where their entitlement to full sick pay has expired) may choose to top up their pay with the annual leave that they have accrued during the leave year. The member of staff must first seek prior agreement from their line manager and this must then be discussed with the HR Business Partner. Staff who remain off sick over the end of a leave year may carry over the statutory annual leave entitlement into the next year, minus any leave that has already been taken. The statutory limit under the Working Time Directive is 20 days, exclusive of bank holidays. The calculation for the amount that is carried over should be done taking into account any days already taken in that leave year period. For example: Employee is due to return to work on 1 st April: Annual A4C Entitlement is 27 days plus 8 days Bank Holidays (Total 35) Days already taken in the previous leave year period: 10 Bank Holidays already taken: 8 Managing Attendance Policy v3 11

12 Employee is entitled to carry over a maximum of 10 days which is equivalent to the statutory amount of 20 days exclusive of bank holidays. The request to carry over annual leave must be made in the current leave year period. Failure to do so will result in the employee losing their entitlement to annual leave they have not taken for that year Entitlement to Annual Leave on Termination of Employment Employees who have had their contract of employment concluded on the grounds of either incapacity or due to ill health and have not had the opportunity to take their annual leave, will be entitled to be paid for any annual leave they have not been able to take during their period of sickness in line with the statutory entitlements. This includes employees who have been absent for either the whole/part annual leave year RECORDS & MONITORING Effective management of sickness absence depends on accurate and comprehensive record keeping. Line managers will record frequency and reason for absence and will identify problems or patterns at an early stage and provide support and assistance to improve attendance. It is the responsibility of line managers to complete a monthly sickness absence return, supplied by payroll. For teams using Manager Self Service, sickness is entered into ESR by the line manager as it occurs. Sickness absence levels will be reported to the Education & Workforce Committee on a monthly basis SICK PAY ARRANGEMENTS Sick pay will be paid as per NHS Agenda for Change Terms and Conditions or Medical and Dental Terms and Conditions. The Trust has discretion to extend the period of sick pay on full or half pay beyond the scale set out in Section 14.2 of the NHS Terms and Condition of Service Handbook. An extension will be considered when the following applies: where there is an expectation of return to work in the short term and an extension would materially support a return and/or assist recovery, particular consideration should be given to those staff without full sick pay entitlements. in any other circumstance that the trust deems reasonable In considering the above factors the trust will require: a return to work date being agreed with the manager that the employee has complied with managements requests throughout their period of absence in line with the policy Consideration will also be given to situations where the trust has not fulfilled its obligations in line with Section 14 of the Agenda for Change Terms and Conditions Handbook. Managing Attendance Policy v3 12

13 Requests must be put in writing to the divisional manager/ head of service and each case will be considered on its own merits in conjunction with a HR representative. If the employee is not satisfied with the outcome they will be able to appeal this decision in line with the Scheme of Delegation (please refer to the Toolkit). This decision will be final. If the absence is as a result of a pregnancy related sickness absence from the beginning of the 4 th week before the expected week of childbirth then maternity leave will commence automatically. Absence prior to the last 4 weeks before the expected week of childbirth, supported by a GP Fit Note for incapacity for work due to pregnancy, or a self-certificate, shall be treated as sick leave and consideration will need to be given to section 22 Special Circumstances in this policy RETURN TO WORK MEETING The line manager (or nominated deputy) must conduct a Return to Work Meeting (see the Toolkit) with the employee and this will be placed on the employee s attendance record (for line manager s using Manager Self-Service the return to work meeting date is entered into ESR) The return to work meeting should happen on the day of return or as soon as reasonably practicable after that and no later than 2 working days wherever possible. A return to work meeting should be informal and held in private. It should be used to: discuss the reason for absence and ensure the employee is well enough to return identify whether there are any patterns in the employee s absence history agree follow-up action (referral to Occupational Health or completion of workplace risk assessments) check if any adjustments are needed to support the employee in their return collect completed certification (for absences under 7 days) update the employee of any operational changes which occurred during their absence advise the employee if their absence has initiated any stage of the sickness management process. The return to work meeting` must not be used for any other purpose. The manager must record details of the meeting using the standard return to work/self-certification document. It is essential the manager completes the form accordingly and retains it locally. This will also confirm that the return to work meeting has taken place. The employee should also receive a copy of the completed Return to Work Meeting form ATTENDANCE AT MEETINGS Employees are expected to attend formal attendance meetings and sickness absence review meetings in relation to their attendance; however, in the event that an employee continually fails to attend meetings, they may be subject to action being taken in line with the trust s Disciplinary Policy following an investigation. Alternatively, it could result in a decision being made in relation to their employment which could include termination. Decisions will be taken in the absence of the employee on the basis of the facts available at the time. Managing Attendance Policy v3 13

14 17. POSTPOMENT OF A FORMAL MEETING It must be recognised that in cases of long term ill health in particular, there will be occasions when the employee will be too unwell to attend a proposed meeting. Any such request for postponement will therefore be dealt with sympathetically based on the employee s circumstances. The onus of securing either a trade union representative of work based colleague rests with the employee. Where an employee requests the postponement of a formal sickness meeting due to difficulties organising a representative, the employee or the representative must suggest an alternative date within 7 calendar days of the original meeting, unless agreed otherwise. The manager may, in conjunction with an HR representative, decide to proceed with the meeting as arranged and, if necessary, in the absence of the employee. It is recognised these instances will be rare and all options to include the employee must be explored, including the possibility of the employee s representative attending on their behalf. In these circumstances all available notes and occupational health reports will be used to inform any decisions made COSMETIC SURGERY Employees wishing to undertake medical treatments such as cosmetic surgery must take annual leave. This would not ordinarily include reconstructive surgery or gastric band surgery ATTENDANCE FOR APPOINTMENTS FOR FERTILITY TREATMENT Employees needing to take time off to undergo fertility treatment should refer to the Maternity, Paternity and Adoption Policy SICKNESS ABSENCE AND WORKING OF ADDITIONAL HOURS If an employee is working additional hours above contracted hours (including bank work) and the employee s sickness absence rate continues at an unacceptable level, then the employee may not be given additional hours/bank work. This action is deemed necessary because if the health condition of the employee renders them unable to maintain and sustain a satisfactory level of attendance in respect of their contracted hours of work, then additional hours working is likely to further impact on health and wellbeing which would be unacceptable. In line with the Working Time Directive employees should not be working in excess of 48 hours unless they have completed an opt-out request. Employees should also be mindful of the impact that working excessive hours has on their substantive role and the requirement to declare any additional posts/roles EMPLOYEES WITH MORE THAN ONE CONTRACT It is possible for employees, who have distinct contracts with the trust or with a different employer / self-employed, to be incapable of working under one contract but capable of working under the other, dependant on the type of work. Managing Attendance Policy v3 14

15 If the employees other contract is with the trust they will only receive Statutory Sick Pay (SSP) in relation to one of the jobs, but they will be entitled to occupational sick pay in accordance with their entitlement. However if one of the jobs is with a different employer or the employee is classified as self- employed they may be able to work for one employer whilst receiving SSP from the other, depending on the reasons for their absence. If both of the posts are of a similar nature, the employee will not normally be able to work in either of the posts during a period of sickness absence as this will be considered a fraudulent claim of sick pay entitlements, which will be managed in line with the Trusts Disciplinary Policy. There may be instances however where there is a case of reactive stress linked to potential bullying/harassment and in these cases the trust would consider, if appropriate, to temporarily place the employee in another area. If the employee wishes to work in one of their posts, they are required to inform their manager. Failure to do so may lead to disciplinary action being taken. 22. SPECIAL CIRCUMSTANCES The trust recognises that there may be occasions when it may not be appropriate for absences to be counted towards health indicators, for example accepted healthcare acquired illness or an injury sustained during and in the course of employment as identified by a Datix incident being recorded. Other examples may be:- medical exclusion; please refer to the Infection Control policy or seek Occupational Health advice staff undergoing a course of cancer treatment terminal illness; (managers should support employees to access options via the NHS pensions Scheme or other support mechanisms as appropriate) disability related absence prior to reasonable adjustment consideration Please note that any pregnancy related absences will not count towards health indicators and will be managed in line with policy HRP20 Maternity, Paternity, Adoption and Shared Parental Leave. The manager will have discretion to consider whether absences fall outside of the special circumstances for the purposes of the processes set out below. Advice must be sought by the manager, from both the HR Department and Occupational Health as soon as practically possible. They will then advise on the application and interpretation of the policy across the trust. The fact that a particular reason for absence has been accepted as a special circumstance earlier in the procedure, does not mean that the same or other special circumstances will continue to be accepted. Factors to be taken into account are:- frequency of absences the continuing length of absence Managing Attendance Policy v3 15

16 Occupational Health or other medical reports prognosis on a return to work the impact of making reasonable adjustments impact on service provision patient care and safety 23.0 DISABILITIES AND REASONABLE ADJUSTMENTS The trust has a responsibility to take account of The Equality Act 2010 best practice and guidance and to take reasonable steps to accommodate a member of staff who has a disability. The Equality Act protects employees with disabilities from discrimination. As part of this protection, line managers must consider making reasonable adjustments to either the employees working arrangements or place of work so that the employee does not have a substantial disadvantage compared to those without disabilities. The Tailored Adjustment Agreement (see the toolkit) must be completed and reviewed as necessary based on the employee s needs and changes to health and circumstances. It is expected that this agreement will be completed at the earliest opportunity and at any stage of the attendance management process when an awareness of a disability issue arises and at every stage of the policy where a known disability exists. These obligations are part of the line manager s responsibilities once they have been made aware of an employee s disability, however, sometimes, employees do not declare that they have a disability. Employees are encouraged to make their line manager aware of any disability they may have, no matter how significant this may be, in order that the trust can support employees in the workplace. Line managers should consider the following when determining whether reasonable adjustments should be made: the extent to which it is practical to make the adjustment ( impact on core duties) effects on the quality of services provided, and including, the impact on service users and other team members financial and other costs, including any options for assistance (access to work) The following list gives some examples of how a manager might facilitate an employee who has a disability: making adjustments to the premises, where reasonably practicable allocating some of the duties to another person altering the employees working hours acquiring or modifying equipment providing supervision granting reasonable time off to receive treatment/rehabilitation redeploying to a suitable existing vacancy Managing Attendance Policy v3 16

17 This list is not exhaustive but provides a guide to some of actions that may be considered as a reasonable adjustment. There is no legal obligation to discount all disability related absence, the duty for the trust is to consider reasonable adjustments. Once the trust has considered all reasonable adjustments so as the employee does not have a substantial disadvantage compared with employees without disabilities, the procedures for managing attendance will be followed. There may however be occasions where less stringent health indicators are applied for disability related illness as the trust would be looking for an improvement in attendance. Mangers must seek advice from HR when managing employee s with disability related illness PROCEDURE FOR MANAGING STRESS (Personal/Work Related) If an employee is absent due to a stress-related illness, anxiety or depression, as determined on the GP Fit Note, it is essential that immediate action is taken. The line manager must complete the occupational health referral (see the Toolkit) and process this immediately after consultation with the employee. Once management guidance has been received from Occupational Health the line manager should complete a stress risk assessment with the employee to aid a return to work and /or maintain the employee in the workplace. The line manager should provide the member of staff with a copy of the EAP leaflet that can be obtained from the HR department or accessed via Staff Zone. Employees may access the EAP service through Occupational Health and can self refer. Guidance on managing stress can be found on the Staff zone: HEALTH INDICATORS Line managers are expected to effectively monitor sickness absence levels in order to try to reduce the effects of sickness absence within the trust. They should effectively communicate with employees proactively when their sickness absence is becoming a cause for concern in order to enable staff to improve their attendance at work. The following health indicators identify when sickness absence is a cause for concern or has become unacceptable: Short term sickness absence: 3 occurrences (within a 12 month period) or 10 working days (within a 12 month period) based on a whole time equivalent, part time employees will be pro rata. or 75 hours a combination of the above Managing Attendance Policy v3 17

18 or where a pattern has emerged i.e. Mondays, Fridays or following, or prior to, a period of annual leave 26.0 PROCEDURE FOR MANAGING SHORT TERM SICKNESS ABSENCE Short term sickness absences are normally frequent, short term episodes, often unrelated and due to minor illnesses, or where a pattern has emerged, whether or not covered by a GP fit note, including a self- certificate An employee may be referred to Occupational Health if deemed appropriate by their line manager or if further information is required The Procedures for Handling Cases of this Nature are as Follows: The purpose of reviewing an employee s attendance is a fact finding process to determine, where possible, the cause of the sickness and to offer assistance based on the employees circumstances. At the return to work meetings or during any formal attendance meetings the line manager must explore with the employee grounds/reason for the absences in an attempt to find out if these are because of illness or underlying work related or domestic/personal problems. If the employee also has a second post, the manager should also explore its impact if any. Staff should be advised of what support is available (see the toolkit). The line manager should ensure that the employee is notified in writing of the nature of any formal review meeting and their right to be accompanied by either a trade union representative or a work based colleague. A minimum of 7 calendar days notice should be given prior to the meeting, unless mutually agreed. This process does not include Informal Counselling Meetings. The line manager must bring to the employee s attention the details of the employee s sickness absence record. (e.g. days, dates, patterns/trends, occasions and reasons given). They will also be responsible for determining if an employee should be referred to Occupational Health to establish whether medical treatment or line managers support is necessary and whether there is any underlying reason for absence, including a work related factor. If so, the line manager would then provide Occupational Health with the necessary background information and also to advise the employee of the purpose of the referral (see the Toolkit). If during the review period it is evident through further sickness absence, that the required significant improvement has not been achieved, line managers should initiate the next stage of the procedure. It is not necessary to wait until the end of the review period unless the circumstances suggest otherwise. If the required improvement is achieved, no formal action will be necessary and this should be confirmed in writing to the employee at all stages of this procedure. An employee has the right to appeal against any formal sanction within 14 calendar days of the date of the meeting, to the appropriate person as outlined in the Scheme of Delegation (see the Toolkit). This does not include Informal Counselling. Managing Attendance Policy v3 18

19 Line managers must seek advice from HR when managing attendance for any employee who has a medical condition covered by the Equality Act Any warnings issued to an employee will be valid from the date of the meeting Informal Counselling Meeting Informal counselling takes place when an employee meets a health indicator as detailed in this policy at section 25. In all cases it is the responsibility of the line manager to counsel the employee when a health indicator has been met. This will be face to face and the employee will be advised: what significant improvement in attendance is expected that their attendance will be monitored during the next 6 months failure to improve attendance will result in the employee progressing to Stage 1 of the process. Details of this informal counselling meeting with the duration of the review period should be recorded by the line manager to be placed on file and a copy provided to the employee. For convenience, this session can take place directly after a return to work discussion where both the employee and manager agree to this. If this is the case, it should be documented that this was mutually agreed and the manager should make it clear that there is a distinction between the two meetings. (Please refer to the Managing Attendance Toolkit for Informal Counselling pro forma). As this is an informal meeting a staff side/trade union representative/workplace colleague would not be expected to attend. Employees are however able to seek advice from their trade union representative prior to an informal counselling meeting and at any stage of this procedure. Should an employee have any concerns with regards to the outcome of an informal counselling meeting they should raise this with Human Resources and/ or a staff side representative for advice Stage 1 First Formal Attendance Meeting NB HR Representative may be present if required (Please note that if there is TU Representation there will be a requirement for HR to be present) If the level of absence does not show significant improvement a Stage 1 formal attendance meeting should take place. In the meeting, the following areas should cover:- reference to be made to the informal counselling meeting discussion and the previous return to work meetings determining the nature of the sickness absence and if there are any underlying issues discussing any support required and reminding the employee of their responsibilities in line with this policy the details of any occupational health report and its recommendations to be outlined (which will have been shared with the employee by the line manager) Managing Attendance Policy v3 19

20 The line manager will consider all the facts, including any occupational health report and any mitigating circumstances. In cases where HR are not present HR advice must be sought during the meeting adjournment to ensure consistency of decision making. Options of possible outcomes that the line manager may consider include: a period of further monitoring issue of a first written warning no further action (only in exceptional circumstances) to be discussed with HR A first written warning will be valid on the employee s file for a period of 12 months. During that period of 12 months, attendance will be monitored on an on-going basis and should there be further absences the employee may be managed under stage 2 of the policy Stage 2 Second Formal Attendance Meeting NB HR Representative will be present If the level of absence does not show significant improvement a Stage 2 attendance meeting may take place. This meeting would ordinarily take place within 12 months after the instigation of Stage 1 in order to allow a period of time to monitor whether the employee has demonstrated any significant improvement in their level of attendance. If the line manager has referred the employee to Occupational Health, then during the meeting the details of any occupational health report (which will have been shared with the employee by the line manager) and its recommendations will be outlined. Options of possible outcomes that the line manager may consider include: issue of a final written warning a period of further monitoring in the form of an extension of the first written warning (for a further 12 months) no further action (only in exceptional circumstances) to be discussed with HR If the level of absence has not significantly improved as above, the employee may receive a second and final written warning which will include reference to the possibility of conclusion of employment if the employee s attendance record does not show a significant and sustained improvement. The final written warning letter will be valid on the employee s file for a period of 12 months Stage 3 Final Formal Attendance Meeting (Conclusion of Employment) NB HR Representative will be present Managing Attendance Policy v3 20

21 During the review period, if there is no acceptable significant improvement in attendance levels, a meeting will take place to discuss the possibility of concluding the employee s contract of employment. For a stage 3 meeting to proceed, a recent occupational health report must be available for consideration. When the employee is formally notified, in writing, of a final formal attendance meeting the letter should include that the employee s future employment with the trust is at risk. Managers must consider all of the information available, including the Occupational Health advice (which will have been shared with the employee by the line manager) and if any mitigation should be considered prior to concluding the employee s contract of employment. A decision will be taken on the continued employment of the employee concerned. If this results in dismissal/conclusion of employment this will normally be on the grounds of incapacity. Authority to conclude employment in these circumstances is restricted to those managers identified in the trust s Scheme of Delegation (Please refer to the Toolkit). Should an employee be identified as having a disability, the manager and if appropriate, the equality and diversity manager should be involved in the stage 3 process so that appropriate advice and support can be given, prior to any decision relating to conclusion of employment. Human resources should also be contacted to offer advice (See section 23 Disabilities and Reasonable Adjustments) LONG TERM ABSENCE In the case of a long term absence the health indicator is 4 weeks, 28 consecutive days this is designed to help the line manager proactively manage the sickness absence. The meeting of a health indicator may not necessarily instigate any formal action being taken against the employee on return to work, but will by virtue of lasting four or more weeks would at least result in an informal counselling session which should be used to review the employee s absence and support future attendance. Long term absence can also relate to a long term condition which could be classed as a disability under the Equality Act 2010) In all cases of long term absence the employee must have been referred to Occupational Health to ascertain whether reasonable adjustments need to be made and outline any ongoing support required of the trust. The manager is required to undertake sickness absence review meetings with the employee on a regular basis. Sickness review meetings will be at least every four weeks, throughout the absence to make sure all required support if offered, and where appropriate, to keep the employee up to date with any changes in the workplace and to facilitate a return to work. The employee will have the right to be accompanied by a work based colleague; staff side/trade union representative at these meetings and the manager will be supported by HR who will attend the sickness absence review meetings as appropriate. Managing Attendance Policy v3 21