Flint Absence, Sickness and Leave Policy

Transcription

1 Flint Absence, Sickness and Leave Policy Author: Alan Bryant Page 1 of 13

2 Table of Contents: 1 INTRODUCTION DOCUMENT HISTORY REFERENCES DEFINITIONS ANNUAL LEAVE SICKNESS SICK PAY PARENTAL LEAVE OTHER ABSENCE MONITORING Author: Alan Bryant Page 2 of 13

3 1 Introduction This policy is designed to assist the Flint Consulting Ltd in effectively managing sickness related and other staff absence. Flint recognises the importance of ensuring that employees are supported through any periods of absence and their subsequent return to work. Through an effective Sickness and Absence Policy the Company will be better positioned to identify any potentially unsafe work practices, any issues affecting employee morale and any other underlying problems employees may be facing. Parental Leave is the right for parents (including adoptive parents) to take time off work in order to look after, or make arrangements for, the welfare of their children, and was introduced by the Maternity and Parental Leave Regulations 1999, which were subsequently amended in Document History Issue Date Updated by Comments 0.1 3/7/2011 A Bryant Initial Draft Version 0.2 5/7/2011 A Bryant Updates to CSP /7/2011 A Bryant Updates following internal review 1.0 3/8/2011 A Bryant Formal Release /10/2011 A Bryant Update to Section /12/2011 A Bryant Update to Section /1/2012 A Bryant Update to Sections 6.1 & /10/12 H McKeon Update to Section 5 & /08/13 L Baynes Update to Section /02/15 A Bryant Reviewed and Re-Issued 3 References [1] Flint Disciplinary Policy Flint: FlintDisciplinaryPolicy [2] Flint Maternity Policy and Procedure Flint_ [3] Flint Equal Opportunities Policy Flint/0702-EqualOppsPolicy [4] Sickness Form Flint: Author: Alan Bryant Page 3 of 13

4 [5] Holiday Request Form Flint/01/01 Holiday Request Form 4 Definitions Dependant - A dependant is the partner, child or parent of the employee, or someone who lives with the employee as part of their family. It does not however include: tenants, boarders, or someone who lives in the household as an employee, e.g. live-in nanny. Author: Alan Bryant Page 4 of 13

5 5 Annual Leave The employee s entitlement to annual leave is stated as part of their Contract of Employment. The holiday year runs from the 1 st January to 31 st December. Those commencing employment during the course of the calendar year shall be entitled to 2 days holiday per complete month i.e. if you started work on 7th of the month you will be entitled to 2 holiday days as of the 7 th of the subsequent month and each month thereafter. For example if you started work on the 7 th July you would be entitled to 2 holiday days per month up to 7 th December (i.e. 10 days) and an additional day to the end of the holiday year. Please note annual leave and bank holiday figures are pro rata for part time employees. The employee shall complete a Holiday Request Form Ref [5], and pass on to their line manager for approval. Once approved this shall be passed on to Flint HR for tracking. Flint Consulting Ltd are normally closed for the period between Christmas and the New Year and therefore employees need to retain some of their holiday entitlement to be used during this period. Author: Alan Bryant Page 5 of 13

6 6 Sickness 6.1 Notification of Sickness If the Employee is absent from work on account of sickness or injury, he or she (or someone on his or her behalf if unable to do so themselves) must inform their line manager and Flint HR Department by telephone of the reason for the absence as soon as possible but no later than 10:00am on the working day on which absence first occurs The employee should indicate the reason for their absence, its likely duration and when the illness started In the event that the employee s absence continues for a number of days or weeks, they must maintain daily contact with Flint to keep the Company informed of the reasons for their ongoing absence and the date when they expect to be able to return to work. In such cases the employee should specify how Flint might contact them if necessary. 6.2 Certification of Sickness All periods of absence through sickness must be certified by using the Flint Sickness Form, Ref [4]. The completed form should indicate actual days of sickness, even if they include days when the employee would not normally have worked (e.g. weekends and public holidays) For sickness absences of up to 7 calendar days, the self-certification form must be completed by the employee upon their return to work and handed to the Flint HR department For sickness absence of more than 7 calendar days, the employee must also provide a medical certificate [the statutory Form Med 3] also referred to as a fit note. This will provide us with more information about your condition, and let us know whether your GP or medical provider considers that you are not fit for work, or may be fit for work taking account of the following advice. Subsequent medical certificates must be produced as necessary to cover the total duration of the period of absence. 6.3 Long-Term and Persistent Absence Flint Consulting Ltd will treat as long-term absence any period of extensive absence due to serious or significant illness over a prolonged period. Persistent absence may consist of a series of unconnected short-term illnesses. Where Flint is of the opinion that a period of absence is long-term, it will inform the employee of such and: require that the employee keep in regular contact with Flint, at such intervals as agreed between Flint and the employee; and ensure that the employee is kept informed as to any possible threat to their employment. Author: Alan Bryant Page 6 of 13

7 6.3.2 Flint Consulting Ltd reserves the right to request a home visit where the illness is long-term. The purpose of the visit will be to discuss possibilities for a return to work and to discover whether Flint can assist in facilitating this Flint Consulting Ltd will treat as persistent absence a series of unconnected short-term illnesses It may be necessary in incidences of long-term or persistent absence to treat the matter as an issue of capability or conduct. In such circumstances the Company will: investigate the absence through Return to Work Interviews (where appropriate, pursuant to Clause 5.4) and the obtaining of medical reports in accordance with Sub-clauses and below; set time limits on the assessment of the employee and keep him or her informed of such; consider adjustments to the job in order to facilitate a return to work or to allow the employee to do their job more easily, for example the implementation of flexible working arrangements; consider whether the illness amounts to a disability. Where it is found to do so the employee shall fall under the scope of Flint s Equal Opportunity Policy, Ref [3] and Flint shall make such reasonable adjustments as are necessary; and keep the employee informed in all the circumstance of any threat to their employment Where Flint Consulting Ltd requires medical reports relating to an absence it will either: request that the employee undergo an independent medical examination; or obtain a report from the employee s doctor, subject to employee consent. In either case the employee may refuse to attend or refuse to consent to the release of a medical report, or request that corrections are made. Employees are reminded however that any decision regarding their future that could result in dismissal will be taken on the basis of the information available to Flint. Author: Alan Bryant Page 7 of 13

8 6.3.6 Flint Consulting Ltd will hold all medical reports and related information obtained under Sub-clause as private and confidential Flint Consulting Ltd stresses that dismissal will only ever be taken as a last resort. Where however the absence is found to be a matter of misconduct, the employee will be subject to the Flint s Disciplinary Policy, Ref [1]. 6.4 Return to Work Interviews Flint Consulting Ltd shall decide, after any absence due to sickness, whether the employee is required to attend a return to work interview with their Line Manager in order to: ensure the employee s fitness to return to work; agree any necessary actions required to facilitate the employee s return to work; ensure the proper certificates have been completed/obtained in respect of the entire period of absence; and discuss any problems that may exist Flint Consulting Ltd may also request the employee attend a return to work interview in cases of persistent illness, ordinarily where a member of staff has been sick on more than 3 occasions within 12 months. Author: Alan Bryant Page 8 of 13

9 7 Sick Pay 7.1 Statutory Sick Pay ( SSP ) In order to be eligible for SSP, employees must be ill for four days or longer (this can include weekends and bank holidays), and must have average weekly earnings equal to or more than the lower earnings limit. Please see relevant government websites such as HMRC, Business Link and Directgov for details of the current lower earnings limit Employees must use the company s sickness self-certification form to provide Flint with details of their illness The present weekly SSP rate can be found on relevant government websites such as HMRC, Business Link and Directgov Flint Consulting Ltd will record all details of SSP payments made to employees [using Statutory Form SSP2] in conjunction with legal requirements Where the Company is not required to pay SSP or SSP comes to an end, the Company will provide the employee with Form SSP1 to support the employee s claim for Employment and Support Allowance. 7.2 Company Sick Pay ( CSP ) CSP will be paid at the discretion of Flint Consulting Ltd. To qualify for CSP the employee must have completed 12 months continuous service with Flint and have complied with Clauses 6.1 and 6.2 above Provided the employee complies with the CSP requirements it is Flint s standard policy that they will be paid their normal basic salary for 15 days in total in any calendar year, after which time SSP shall be applied. Please note this figure is pro rata for part time employees The employee will forfeit entitlement to CSP if: They fail to comply with notification and certification requirements; They make or produce any misleading or untrue statement or document concerning their fitness to work; Their incapacity has been caused by participation in dangerous sports or activities. 8 Parental Leave Parental Leave is the right for parents (including adoptive parents) to take time off work in order to look after, or make arrangements for, the welfare of their children, and was introduced by the Maternity and Parental Leave Regulations 1999, which were subsequently amended in Author: Alan Bryant Page 9 of 13

10 8.1 Aims of the Policy To provide employees who have children with the time and support that they need to care for them To ensure that the Company complies with its legal obligations to employees in respect of Parental Leave. 8.2 Provision Employees will be eligible for Parental Leave where they meet the following criteria: The employee must have been continuously employed by the Company for at least one year; and Be the mother or father of a child under the age of 5, (18 in the case of disabled children), or have adopted a child under 18 in the last 5 years Eligible full time employees may take up to 18 weeks parental leave for each child under the age of 5 (or 18 in the case of disabled children.) This is pro-rated for part time employees Parental leave must be taken in week long blocks (other than in the case of disabled children where it may be taken in blocks of one or more days.). In the absence of special circumstances the Company will not allow employees to take more than 4 weeks of their entitlement in any one year The Company reserves the right to postpone an employee s parental leave (other than in the event that the leave is to be taken immediately after the birth or adoption of child), if it is deemed that taking the parental leave at that time would prove unduly disruptive to the Company s business Employees who take up to 4 weeks Parental Leave in any given year will be entitled to return to the job in which they were employed before their absence on the same terms and conditions In the event that an Employee takes more than 4 weeks Parental Leave in any given year the Company will endeavour to return the employee to the same job they were employed in before their absence, and where this is not reasonably practical to a similar job on the same or more favourable terms and conditions All of the rights granted to an Employee under the terms and conditions of their employment continue throughout Parental Leave with the exception of the right to Remuneration Parental Leave is unpaid Author: Alan Bryant Page 10 of 13

11 8.3 Procedure Employees wishing to take Parental Leave must provide at least 21 days notice by writing to Line Manager & Flint HR and including the following information: Their child s birth certificate; or Evidence of an adoption placement; or Evidence of a disability allowance (in the case of a disabled child); or Notice of the Expected Week of Childbirth; and The date on which Employee wants the Parental Leave to start; and How much Parental Leave the Employee wishes to take The Line Manager/ Flint HR will discuss the matter with the employee and provide written confirmation of either approval or postponement of the Parental Leave within 7 days of receiving the notice In the event that Parental Leave is postponed the letter will set out the reasons for doing so and the new dates for Parental Leave which will be within 6 months and of the same length as that originally requested In the event that an employee on Parental Leave wishes to return to work early they must provide at least 7 days notice. 9 Other Absence 9.1 Emergency Leave The leave should be long enough to with the emergency. For example, if a child falls ill, the leave should be long enough to take care of immediate care of the child e.g. visiting a doctor; and to make longer term care arrangements. Some Examples: A dependant who is taken ill/injured To arrange care of a dependent when ill Author: Alan Bryant Page 11 of 13

12 9.1.1 This is Emergency Leave and it is unlikely that you can discuss the circumstances with your manager in advance. In such an event please make contact with your manager before 9 a.m. on the first day to inform him/her and as soon as possible after that to confirm how much time would be required to deal with the emergency If you are unable to return at the time anticipated, contact your line manager to tell him/her Time off to deal with an emergency is not paid time, however this time can be taken by use of annual leave days if this is agree with your manager On return to work, a form should be completed to reflect the time taken, which should then be authorised by your manager. 9.2 Compassionate Leave Bereavement Leave is considered on compassionate grounds. Compassionate Leave of up to 3 days paid leave is granted to employees upon the death of a member of their immediate family, i.e. spouse, parents, siblings, parents-in-law and children In extenuating circumstances, paid compassionate leave outside of the scope of the above can be approved at the discretion of the Managing Director. 9.3 Jury Service Any employee called for jury service should inform their line manager and Flint HR as soon as possible Employees called for jury service will not be paid by the Company for the period of their absence. Employees should instead claim all available allowances from the Court. Author: Alan Bryant Page 12 of 13

13 9.4 Public Duties Flint Consulting Ltd is legally obliged to permit any employee time off to complete their public duties including, but not limited to, magistrate or school governor duties. The employee should inform their line manager of their duties, meetings or rotas as soon as possible in order to allow Flint time to plan for their absence Employees carrying out public duties will not receive pay for time off taken to complete their duties. 9.5 Maternity, Paternity and Adoption Leave Maternity, paternity and adoption leave are all dealt with in their respective policy documents, available from Flint HR If employees are uncertain about any other type of absence they must ask for advice from Flint HR. Other types of absence may be covered by separate company policies and procedures and/or by statutory rights. Unauthorised absence is likely to be treated as a disciplinary offence. 10 Monitoring Flint Consulting Ltd will monitor and record levels of absence and reasons for absence in order to help identify abuse of this policy, which places additional stress on colleagues. Further Flint will be better positioned to identify unsatisfactory work practices and to distinguish between different types of absence. Flint will obtain consent from each employee, either in their Terms and Conditions of employment, or on a separate consent form to comply with the relevant Data Protection legislation. All information gathered through absence monitoring under this Policy will be held and treated in confidence. Author: Alan Bryant Page 13 of 13