ATTENDANCE MANAGEMENT POLICY & PROCEDURE

Transcription

1 Joint Policy for Cumbria Partnership NHS Foundation Trust & North Cumbria University Hospitals NHS Trust ATTENDANCE MANAGEMENT POLICY & PROCEDURE Reference POL/WOR/008 Version 1.0 Date Ratified 22 November 2018 Next Review Date 30 November 2019 Accountable Director Policy Author Executive Director of Workforce & OD HR Business Partner/HR Manager/HR Advisor Please note that the Intranet/internet Policy web page version of this document is the only version that is maintained. Any printed copies or copies held on any other web page should therefore be viewed as uncontrolled and as such, may not necessarily contain the latest updates and amendments. Cumbria Partnership NHS Foundation Trust North Cumbria University Hospitals NHS Trust Page 1 of 35

2 Data Protection Legislation The Trust(s) are committed fully to compliance with the requirements of the General Data Protection Regulations (GDPR) 2016 and the Data Protection Act (DPA) The GDPR and DPA legislation aims to balance the requirements of organisations to collect, store and manage various types of personal data in order to provide their services, with the privacy rights of the individual about whom the data is held. The GDPR and DPA legislation covers both manual and computerised records in any format, where the record contains details that can identify, directly or indirectly data on a natural person or persons. The DPA sets out principles which must be followed by those who process data; it gives rights to those whose data is being processed. Page 2 of 35

3 Policy On A Page SUMMARY & AIM The Trusts are committed to ensuring the effective management of absence due to sickness, as well as to enable consistency and equity of approach in the application of the policy, taking individual circumstances into consideration. The main purpose of operating this policy and procedure is to encourage improvement in an employee s attendance if it is below acceptable standards. KEY REQUIREMENTS 1. All employees of the Trusts are covered by this policy and procedure. 2. No formal action will be considered without a review of the employee s attendance. 3. Employees have the right to be accompanied to formal sickness meetings by a recognised Trade Union representative or work colleague. 4. Employees will have the right to appeal against any dismissal due to sickness. TARGET AUDIENCE All employees of the Trusts. TRAINING Training and a Toolkit will be provided to support managers in implementing this policy and procedure. Support and advice for managers regarding the application of the policy and procedure can be sought from the Human Resources Department. People Management Training is available to Line Managers. Page 3 of 35

4 TABLE OF CONTENTS ABSENCE MANAGEMENT PROCEDURE FLOW CHART... 6 MANAGEMENT OF LONG TERM ABSENCES FLOW CHART INTRODUCTION PURPOSE POLICY DETAILS NOTIFICATION AND REPORTING OF SICKNESS ABSENCE FIRST DAY OF ABSENCE Initial notification ABSENCES UP TO SEVEN CALENDAR DAYS ABSENCES OVER SEVEN CALENDAR DAYS DOCUMENTATION/CERTIFICATE REQUIRED FOR SICKNESS ABSENCE UNAUTHORISED ABSENCE WORKING ADDITIONAL HOURS PLANNED SURGERY COSMETIC SURGERY MEDICAL SUSPENSION FALLING SICK WHILST AT WORK FALLING SICK WHILST OUTSIDE THE UK ANNUAL LEAVE NOT PERMITTED TO COVER SICKNESS SICKNESS ABSENCE AND ANNUAL LEAVE DRUG AND ALCOHOL ABUSE INFECTIOUS DISEASES/NOTIFIABLE ILLNESS DIARRHOEA AND VOMITING CONDUCT WHILE ON SICK LEAVE REFFERAL TO OCCUPATIONAL HEALTH OCCUPATIONAL SICK PAY STAFF IN RECEIPT OF SHORT TERM PAY PROTECTION RETURN TO WORK INTERVIEWS SUPPORT FAST TRACK PHYSIOTHERAPY SERVICE TIME OFF FOR APPOINTMENTS WITH HEALTH CARE PROFESSIONALS FORMAL MEETINGS UNDER THE ABSENCE MANAGEMENT PROCEDURE ABSENCE MANAGEMENT PROCEDURE STAGE 1 Absence Review STAGE 2 Absence Review STAGE 3 Absence Review EXCEPTIONS MANAGEMENT OF LONG TERM ABSENCES SICKNESS REVIEW MEETINGS FINAL REVIEW MEETING APPEALS AGAINST TERMINATION OF EMPLOYMENT PERMANENTLY UNFIT FOR WORK/ILL HEALTH RETIREMENT PHASED RETURNS AND TEMPORARY ADJUSTMENTS TO ROLE Page 4 of 35

5 3.7 RETURNING TO WORK WITH PERMANENT ADJUSTMENTS TO ROLE PERMANENT REDEPLOYMENT Offers of Alternative Work IF NO SUITABLE REDEPLOYMENT POST IDENTIFIED COMPENSATION/DAMAGES INJURY ALLOWANCE TRAINING AND SUPPORT PROCESS FOR MONITORING COMPLIANCE REFERENCES: CURRENT ASSOCIATED DOCUMENTATION DUTIES (ROLES & RESPONSIBILITIES) Chief Executive/Trust Board Responsibilities Executive Director Responsibilities Director of Human Resources and Organisational Development Director of Human Resources and Organisational Development Responsibilities Line Managers Responsibilities Staff Responsibilities HR Responsibilities Approving Committee Responsibilities: Joint Partnership Forum ABBREVIATIONS/DEFINITION OF TERMS USED APPENDIX 1 - EXAMPLES OF WORKPLACE ADJUSTMENTS DOCUMENT CONTROL Page 5 of 35

6 ABSENCE MANAGEMENT PROCEDURE FLOW CHART Employee notifies Manager/any on call commitment requiring cover of absence prior to their start time Employee Returns and submits medical certification (available on the intranet) (self cert for 3+ days, or GP fit Note for more than 7 days) Employee Absent and does not notify Manager Manager to record the absence on ESR or e-roster along with relevant medical certification. Manager should identify triggers (see paragraph 3.2.1) Refer to unauthorised absences section Manager to conduct Return to Work Interview and complete form, detailing reasons, recap previous absences, establish any support if required and inform of triggers where appropriate and arrange further meeting. Triggers Met No Triggers End of Process/ Employee automatically removed Stage 1 Meeting: Line Manager to arrange meeting, send Invite letter, arrange medical referral where required, agree targets /resolution plan and notify of further stages if persistent. Issue First letter of concern with HR assistance where required. 12 Month Review Period Further absences of either 2 separate occasions or 7 calendar days Yes No Stage 2 - Meeting: Line Manager to arrange meeting with HR rep and send Invite letter, arrange medical referral where required, review previous targets/agree resolution plan, notify of further persistent absences may automatically proceed to Stage 3 Final Formal Meeting and could include potential dismissal. Issue Final letter of concern with HR assistance where required. Ensure HR has copies of all formal letters. 12 Month Review Period any further absences (2 occasions) Yes No Stage 3 Final Formal Meeting: (Potential Dismissal) Senior Line Manager to arrange meeting with HR and send Stage 3 Invite Letter.Previous Line Manager to compile all relevant documents in preparation. If Dismissal confirmed Right of Appeal, notify Payroll Page 6 of 35

7 MANAGEMENT OF LONG TERM ABSENCES FLOW CHART Absences of 28 days or more Manager to refer to OH immediately if potential absence over 7 days is for:- Stress Work related Injury Musculoskeletal Manager to confirm with HR and inform employee of referral to OH following 14 days of absence HR to assist Manager in referral where required. Following OH report, manager to arrange review meetings (or home visit if appropriate) with HR and send out the invite letter in the Managers toolkit During & After the Meeting Complete Check list (see managers Toolkit), Discuss OH Reports, Agree Action Plan and Manager to issue confirmation letter within 5 days (copy to HR). Employee to return to Contracted Duties Complete RTW & identify any triggers Employee to return with temporary modifications Make agreed / recommended arrangements prior to start Complete RTW/ identify any triggers Is permanent re-deployment advised by OH? Yes Manager and HR to meet Employee and complete redeployment form and seek to identify a suitable post. Manager to liaise with HR and employee placed on Redeployment Register No No Return Manager to liaise with HR for Final Review Meeting Further Review meeting (would not normally exceed 9 months from 1 st date of absence (or 12 months in exceptional cases)) Monitor & Review Monitor & Review Yes Discuss re-commencement of contracted role /duties/hours with employee Is a suitable post identified? Informal interview takes place Yes No Confirm details with employee and update post change form No Re-refer to OH and HR before a Final Review Hearing with senior manager Confirm details with employee and complete post change form New Manager to confirm outcome after trial period Page 7 of 35

8 1. INTRODUCTION Cumbria Partnership NHS Foundation Trust and North Cumbria University Hospitals NHS Trust (the Trusts) are committed to creating an environment which supports employee health and wellbeing and therefore promotes good attendance at work. It is the responsibility of all employees to ensure full attendance at work and regular attendance is vital to the delivery of quality services and patient care. An Attendance Management tool kit is available for managers to assist them in using this policy and can be found on the HR section of the Intranet. 2. PURPOSE The purpose of this policy is to support employee wellbeing and to promote a culture of high attendance amongst employees within the Trusts. This policy also provides managers with a clear framework on how to consistently and fairly manage absence. 3. POLICY DETAILS This policy applies to all employees of the Trusts. 3.1 NOTIFICATION AND REPORTING OF SICKNESS ABSENCE FIRST DAY OF ABSENCE Initial notification If an employee is unable to attend work due to sickness, the line manager (or managers, if multiple posts held) must be contacted as soon as possible prior to the employee s normal start time. If their line manager is unavailable, the employee must contact their nominated deputy or office manager. Contact should be made by telephone. It is not appropriate to leave a message on an answerphone, text via mobile phone or via . When reporting their absence the employee will be expected to provide the following information: date the sickness began; nature of sickness; whether the sickness is related to an injury at work; whether the sickness is certified or self-certified; details of any commitments for the period of anticipated sickness; estimated return date (if known); name of nominated deputy or line manager if reporting to the office manager; If contact is made with a nominated deputy or office manager and appropriate details are not obtained, the line manager will make contact with the employee. Page 8 of 35

9 Line managers are required to complete the e-roster/enter the details in ESR (whichever is applicable) to record all absence as soon as possible. During the initial contact, it is important that the line manager and employee agree on the frequency and form of communication going forward. This will be dependent upon individual circumstances including the reason for and duration of sickness absence. The form and frequency of contact can be reviewed and adjusted should circumstances change. It is both the employee s and the manager s responsibility to maintain contact with each other, and during protracted periods of absence the employee must maintain regular contact, usually weekly, with their line manager to advise them of progress and any likely return to work, although this may not always be appropriate in certain circumstances. Employees who fail to report illness promptly, or do not maintain contact, may have their sickness absence recorded as unauthorised and their pay delayed, or withheld, if there is not a valid reason for them not doing so ABSENCES UP TO SEVEN CALENDAR DAYS The employee must telephone their line manager; during the initial contact, it is important that the line manager and employee agree on the frequency and form of communication going forward. This will be dependent upon individual circumstances including the reason for and duration of sickness absence. The form and frequency of contact can be reviewed and adjusted should circumstances change. If an employee has not contacted their line manager on their first day of absence, the line manager must contact the employee. The employee must advise the line manager of their fitness to return to work at the earliest opportunity. They must inform their manager at the point when they are fit to return to work, even if they are due to be on days off. Employees whose sickness includes a Saturday, Sunday, bank holiday or other rest/off days, will automatically be regarded as being sick on these days unless they have advised their line manager of their fitness and/or returned to work (this is regardless of whether they are scheduled to work on these days.) For absences of more than 3 calendar days and up to 7 calendar days the employee is responsible for submitting a self-certificate as detailed in below ABSENCES OVER SEVEN CALENDAR DAYS The employee must obtain a Statement of Fitness to work (Fit Note) from their General Practitioner (GP) to cover the period following the first seven days of absence. This must be submitted as soon as possible to their line manager and they must telephone to advise that a Fit Note has been obtained and will be submitted as detailed in below. Page 9 of 35

10 During the initial contact it is important that the employee and the line manager agree on the frequency and the form of communication going forward. This will be dependent on individual circumstances including the reason for and duration of the sickness absence. The form and frequency of contact can be reviewed and adjusted should circumstances change. Where a Fit Note is extended the employee must notify their line manager of this and subsequent certificates or statements of Fitness to Work must be submitted as soon as possible after the expiry of the previous Fit Note DOCUMENTATION/CERTIFICATE REQUIRED FOR SICKNESS ABSENCE Period of Absence Between 1-3 days Between 4-7 consecutive days (including Weekends & Bank Holidays) More than 7 consecutive days Documentation/Certificate required No self-certificate required from employee as the Return To Work form covers requirements Self-certificate form must be completed and submitted Statement of Fitness to work from a GP UNAUTHORISED ABSENCE Failure to follow the correct reporting arrangements as stated in this policy will, other than in exceptional circumstances, be treated as unauthorised absence. Occupational sick pay will not be paid and backdated fit notes will only be accepted from the point that contact is made. Disciplinary action may be taken against any employee who persistently fails to follow the correct reporting arrangements. Prolonged unauthorised absence could be considered gross misconduct and may lead to dismissal. If fraudulent activity is suspected, for example working elsewhere whilst in receipt of Occupational sick pay or falsification of documentation, the Trusts Local Counter Fraud Department must be notified contact details are available on the Trusts intranet. All information provided via any of these reporting lines will be treated in strictest confidence and may be provided completely anonymously. The Trusts Raising Concerns (Whistleblowing) Policy/s will be enforced to ensure that no employee will suffer as a result of reporting reasonably held suspicions WORKING ADDITIONAL HOURS Where an employee is working additional hours and/or bank shifts and their absence level continues at an unacceptable level, the employee may be prevented from undertaking this additional work for a period of 4 weeks. This is to ensure that any additional work does not exacerbate health problems PLANNED SURGERY Where an employee provides notice of surgery, line managers will make a referral to Occupational Health prior to the employee s surgery. Page 10 of 35

11 The line manager will, where appropriate, ensure that a meeting takes place with the employee prior to the commencement of the absence to discuss the OH Report and suggested adjustments to their job, which may be incorporated into their return to work plan. The manager will schedule a meeting with the employee following surgery to discuss their health. Adjustments to the plan may be required where, for example, the employee s recovery is not as expected. In such circumstances, the manager will seek further advice of Occupational Health and HR COSMETIC SURGERY Unless for a medical reason confirmed in a medical report, any absence taken for the purposes of cosmetic surgery cannot be taken as time off as sickness absence and should be covered by annual or unpaid leave. This time off must be agreed in advance with the line manager MEDICAL SUSPENSION In rare situations where there are significant concerns relating to the health and wellbeing of an employee, it may be necessary to consider medical suspension. Where an employee has refused a suggestion to go home from their manager who is concerned about their state of health and believes that the health, safety or welfare of the employee concerned or others may be at risk as a consequence, the manager can take action by approaching their Head of Service to suspend the employee. In these circumstances, the manager must immediately contact Occupational Health for an urgent referral and Human Resources for advice. If an employee is suspended in these circumstances it is deemed to be a medical suspension and the employee will receive an allowance equivalent to their normal rate of pay (see Occupational Pay section ) until advice is received from Occupational Health, or the employee s GP, on the suitability of their return to work. If the medical advice received is that the employee is fit to return to work, the medical suspension should end with immediate effect with a return to work agreed. The period of medical suspension will not be recorded as sickness absence. If medical advice is received that the employee is not fit to return to work, then the medical suspension should end with immediate effect and the whole period of absence, including the medical suspension, will be recorded as sickness absence. The employee would need to provide medical certificates in accordance with the normal reporting arrangements and it will count towards the employee s contractual sick pay entitlement FALLING SICK WHILST AT WORK Where an employee reports for work and, having completed more than 50% of their shift, falls sick, their absence should not be recorded as sickness absence for that day. However, line managers must keep a record of all such occasions to identify any patterns of absence or misuse of the policy. Where an employee is sent home before completing 50% of their shift (i.e. from the start to the finish of the shift), this Page 11 of 35

12 will be recorded as sickness for that whole shift/day on ESR or e-roster as appropriate FALLING SICK WHILST OUTSIDE THE UK Where an employee falls ill or becomes incapacitated outside the United Kingdom, evidence must be provided in order for occupational sick pay to be paid. This evidence must be an original document from the registered treating medical practitioner and should be posted to the individual s manager. The document must be on headed notepaper of the employing practitioner s institution or practice. The document must include the name and registration number of the practitioner s governing body and include the practitioner s work address and telephone number. Scanned or faxed documents will not be accepted and payment may be withheld until the original document is produced to the manager. The employee must expressly authorize the practitioner to release such information as the Trusts may reasonably require the need to verify the employee s medical condition. If the employee s medical practitioner fails to respond to reasonable requests from the Trusts, the employee will be informed that any entitlement to occupational sick pay may be suspended pending the completion of these enquiries. The Trusts reserve the right to follow up with the employee s practitioner should more information be needed or checks made to substantiate the illness or incapacity, prior to paying sickness entitlement and require the employee to attend at the Trusts cost an examination by its own nominated medical practitioner. If fraudulent activity is suspected, for example providing a falsified document, the Trusts local counter fraud officer and/or the police will be notified. Please refer to and for further guidance ANNUAL LEAVE NOT PERMITTED TO COVER SICKNESS The use of annual leave to cover periods of sickness to avoid a trigger is not permitted, although annual leave can be used to facilitate a phased return. SICKNESS ABSENCE AND ANNUAL LEAVE If an employee is sick during annual leave and providing they have followed the correct reporting arrangements and provided the necessary medical certification has been issued, the annual leave days will be re-instated. (See 3.1.2, and above) If an employee is on long term sickness they may wish to take a holiday. This must be discussed and agreed with their line manager before any holiday is taken. The absence will still count as one period of sickness for the purposes of sickness monitoring and determining sick pay entitlement. If the employee has gone into half or no pay during their sickness period, they will receive full pay for their period of annual leave. Page 12 of 35

13 Statutory annual leave accrued during sickness absence may be carried forward to the following annual leave year or paid on termination of contract DRUG AND ALCOHOL ABUSE Where an employee s sickness absence appears to be alcohol or drug related, the manager should also refer to each Trust s Alcohol and Substance Misuse Policies INFECTIOUS DISEASES/NOTIFIABLE ILLNESS Please refer to each Trust s guidance and Infection Control Policies until such time these are harmonised DIARRHOEA AND VOMITING It is the Manager s responsibility to ensure that they do not expose the individuals within their remit to unnecessary risk of infection. Please refer to and follow the guidance on Infection Control Policies and Procedures in cases relating to diarrhoea and vomiting, which are available on the Trusts intranet under the Occupational Health Section CONDUCT WHILE ON SICK LEAVE It is expected that the employee will do their utmost to facilitate a speedy return to fitness and to work. The Trusts support activities which would aid rehabilitation and recovery. The Trusts would not normally expect anyone who is absent from work due to sickness or injury to: Participate in any sports, hobbies, social or other activities which could aggravate the illness or injury or delay recovery; Undertake any other employment whether paid or unpaid (unless agreed otherwise); Engage in any activity, which is inconsistent with the nature of the illness or injuries; Engage in any activity which is unlikely to be conducive to their recovery. A breach of any of the above may be deemed as gross misconduct and subject to the Trusts Joint Disciplinary Policy and Procedure REFFERAL TO OCCUPATIONAL HEALTH The purpose of the management referral procedure is to obtain guidance and support for individuals as early as possible. This will enable Occupational Health to provide advice and information to managers, HR and the employee. The management referral form can be located on the Trusts intranets. A referral to Occupational Health can be done at any stage with their knowledge; however a referral should always be undertaken in the following circumstances: Page 13 of 35

14 Immediately where the absence relates to muscular skeletal problems, stress at work and any accidents incurred at work where the employee is expected to be off for 7 days or more; Before Stage 3 of the Absence Management Procedure; Following 14 calendar days or more. Employees who persistently fail to attend Occupational Health appointments without a valid reason may have occupational sick pay withheld. Line managers are required to liaise with HR in such circumstances. In the rare situations where there is conflicting advice from Occupational Health and the advice from an employee s GP, the Trusts will be guided by the advice of Occupational Health OCCUPATIONAL SICK PAY Employees taking time off work due to illness will be entitled to receive occupational sick pay in accordance with Section 14(a) (England) NHS Terms and Conditions of Service, Terms and Conditions Consultants (England) and Terms and Conditions of Service NHS Medical and Dental Staff (England). These arrangements are intended to supplement statutory sick pay. Employees who are on sickness absence due to a work related injury, disease or other health condition may also be entitled to payment of an injury allowance as defined in Section 22 NHS Terms and Conditions of Service Handbook STAFF IN RECEIPT OF SHORT TERM PAY PROTECTION Short term pay protection, where this is related to loss of enhancements and allowances for on call, will be paid during sickness to existing employees, employed at 30 June 2018 and with a basic salary of 18,160 or less. For all new employees commencing from 1 July 2018, and existing staff with a basic salary of 18,161 or more, pay during sickness absence will be based on the employee s salary defined by the pay point. No short term pay protection will be paid where the protection relates to loss of enhancements and or on call allowances RETURN TO WORK INTERVIEWS Following every period of absence, the line manager must conduct a return to work interview (as detailed in the managers Toolkit). The meeting should be conducted in private, ideally on the first day of the return to work, ideally within 72 hours, or as soon as reasonably practicable thereafter. A signed copy of the return to work form should be retained in the employee s personal record and the date recorded on ESR. In the line manager s absence, it is essential that deputising arrangements are in place. Page 14 of 35

15 The return to work interview should cover the following areas: Reasons for absence and reassurance that the employee is fit to return to work. Raise any concerns regarding the employee s absence levels and/or patterns of absence, specifically in regard to absence triggers. Discuss any appropriate support or help such as possible adjustments to work patterns and flexible working. Enter and close absence on ESR. Return to work interviews are not deemed formal meetings and therefore employees are not entitled to be accompanied by a trade union representative SUPPORT At every stage throughout the management of attendance, consideration should be given to the following: Referral to Occupational Health for medical advice. Consideration of temporary re-deployment or modification of duties if applicable and appropriate. Offering additional training or support. Signpost to the Employee Assistance Programme (EAP) When appropriate, employees should be referred to Occupational Health to discuss how their health may affect them at work and what, if any, reasonable adjustments are required. Every case should be considered individually. The line manager should record details of the reasonable adjustments which have been agreed with the employee and implemented, following Occupational Health recommendations. Dates and outcomes of the review meetings with the employee should also be recorded. Sick leave arising from a disability should still be managed through the policy and trigger levels to ensure that appropriate support is available i.e. consider adjustments/equipment (see Appendix 1 for examples of workplace adjustments). However consideration should be given to this as a mitigating circumstance. For example, after an Occupational Health recommendation it may be a reasonable adjustment to alter the trigger levels. Whilst each period of absence must be considered individually, employees with disabilities as defined by the Equality Act 2010 (the Act) will be supported with reasonable adjustments to maintain attendance in work. See Section 9 of the Policy for the legal definition of disability as defined by the Act FAST TRACK PHYSIOTHERAPY SERVICE Employees are able to complete a self-referral form to access fast track physiotherapy, which can be found on the intranet. Managers are also able to refer Page 15 of 35

16 employees with any musculoskeletal conditions immediately if employees are absent from work due to these conditions, using the OH management referral form TIME OFF FOR APPOINTMENTS WITH HEALTH CARE PROFESSIONALS (E.G. Doctor, Dentist, Hospital) Employees requiring time off to attend medical, hospital outpatient and dentist appointments should, wherever possible, arrange appointments outside of normal working hours. However, in urgent cases or where this is otherwise not possible, managers will allow employees up to 2 hours paid time off to attend such appointments. If additional time is needed the employee will be required to take annual leave, unpaid leave or time off in lieu. Such appointments are not to be regarded or recorded as sick leave and are not subject to return to work arrangements (i.e. 2 hour appointments do not need to be recorded on ESR). There may be occasions when an employee is receiving a course of treatments. Whilst each case will be dealt with on an individual basis, the following further options should also be explored and considered: Flexible working including different hours/working patterns/job share on a temporary or permanent basis; Unpaid leave. If an employee is required to attend an appointment relating to the investigation and management of a potentially life threatening/disabling illness and/or of a disability, then the line manager should consider any reasonable adjustments to enable the employee to attend such appointments. Employees who are required to attend regular appointments will be treated compassionately in accordance with the Attendance Management Policy and based on service needs. Employees who are pregnant have a legal entitlement to time off with pay to attend ante-natal appointments. Details of these arrangements are in the Trusts Maternity, Paternity, Shared Parental Adoption Pay & Leave Policies FORMAL MEETINGS UNDER THE ABSENCE MANAGEMENT PROCEDURE At any formal meeting under this procedure (these could for absences that are short term, long term (28 days or more) or a combination of both), the employee has the right to be accompanied by a recognised trade union representative or a work colleague. A member of the HR team may also be present. The line manager must ensure that employees are given 7 calendar days notice of any formal meeting under this procedure. This should be confirmed in writing, advising the employee of their right to be accompanied. After the meeting, the manager should record the content and outcome of the meeting in writing to the employee. Page 16 of 35

17 Where an employee s health or other circumstances prevent attendance at meetings or OH appointments, alternative arrangements will be made which may include meetings taking place at the employee s home or other private venue. Where an employee is unable to attend a formal meeting under the procedure, they may request a rearrangement to take place within 7 calendar days. The Trusts reserve the right to refuse such requests where this would lead to extended delays. In cases where formal meetings may result in the employee s dismissal, a request for deferment due to the unavailability of trade union representation will be honoured on one occasion, in liaison with the trade union representative. Failure to attend meetings under this procedure, without notification or without good reason, may result in occupational sick pay being withdrawn. 3.2 ABSENCE MANAGEMENT PROCEDURE The Absence Management Procedure flowchart is on Page 6 of this policy STAGE 1 Absence Review An employee will be placed on Stage 1 of the Absence Management Procedure where they have reached the following triggers: 3 episodes of sickness in a 12 month rolling period. An episode could range from 1 day/shift to a number of days/months (pro rata for part time employees); 2 episodes of sickness totalling 14 calendar days or more in a rolling 12 month period; or A noticeable pattern of absence giving cause for concern; Or any combination of the above. NB: One single period of long term absence on its own in a rolling 12 month period will not meet the triggers as outlined above, however it will contribute towards the triggers should there be a further absence during the rolling period. A formal meeting will be arranged, the aim of which is to support the employee to improve their attendance. At this meeting the employee will be placed on Stage 1 of the procedure with a review period of 12 months. If the employee has no further absence during the review period, or if the absence is less than the trigger points for Stage 2, then the monitoring period will cease. If the employee has future episodes of absence after being taken off the Stage 1 absence process, their overall absence rate will be considered over the last 12 months, and if the triggers are met, the employee will be placed on Stage 1 of the procedure again. Regardless of the nature of the absence, employees will be placed on Stage 1 of the procedure. In relation to employees with chronic or long term conditions, managers will exercise discretion. Pregnancy related absences will not be counted towards triggers. Page 17 of 35

18 3.2.2 STAGE 2 Absence Review If in the 12 month review period following Stage 1 an employee has the following further absence(s), they will be placed on Stage 2 of the procedure: 2 episodes of sickness; or 7 calendar days or more of sickness. A formal meeting will be arranged, the aim of which is to support the employee to improve their attendance. At this meeting the employee will be placed at Stage 2 of the procedure with a further review period of 12 months. If the employee has no further absence during the review period, or if the absence is less than the trigger points for Stage 3 (2 further absences), they will be taken off the Stage 2 procedure. If the employee has future episodes of absence after being taken off the Stage 2 absence process, their overall absence rate will be considered over the last 12 months, and if the triggers are met, the employee will be placed on Stage 1 of the procedure again STAGE 3 Absence Review If in the 12 month review period following the Stage 2 an employee has a further 2 absences, they will be asked to attend a further meeting to consider the future of their contract of employment. This meeting will be chaired by a senior manager, in line with the levels of authority section as detailed in the Trusts Disciplinary and Dismissal Policy and Procedure. A manager must have a recent report from Occupational Health prior to this meeting being arranged to ensure medical advice is taken into account when considering termination of the employee s contract of employment. There are two potential outcomes of the Stage 3 meeting: A decision may be taken to terminate the employee s contract of employment; If a decision is taken not to terminate the contract of employment, the employee will be placed back on Stage 2 for a further review period of 12 months EXCEPTIONS When dealing with sensitive issues, and employees who have suffered an injury or illness as a result of their work, who have a disability, or are due to have planned surgery due to genuine medical need, consideration should be given to the appropriateness of moving an employee through the stages of the policy. 3.3 MANAGEMENT OF LONG TERM ABSENCES The Management of Long Term Absences flow chart is on page 7 of this policy. Page 18 of 35

19 Long term sickness absence relates to episodes of 28 calendar days or more. Following 14 calendar days of absence, the line manager should refer the employee to Occupational Health, if they have not already done so. During the initial contact it is important that the line manager and the employee agree on the frequency and form of communication going forward. This will be dependent on individual circumstances including the reason for and the duration of the sickness absence. The form and frequency of contact can be reviewed and adjusted should the circumstances change. Support mechanisms should also be discussed between the manager and the employee. Failure to attend meetings under this procedure, without notification or without good reason, may result in occupational sick pay being withdrawn SICKNESS REVIEW MEETINGS The line manager will arrange to meet with the employee after the 28 th day of absence or sooner if this is appropriate, and then on a regular basis thereafter. The frequency of the meetings will be dependent on the nature of the absence. This meeting will be held in the presence of HR. The employee will have the right to be accompanied by their Trade Union Representative or a work colleague. The employee will receive a record of the meeting in writing. The purpose of the meetings is to support the employee and explore any assistance they may require to facilitate a return to work. At these meetings the following issues may be considered: Occupational Health advice and any other medical advice available; Further support required; Potential return to work, length of sickness and any adjustments that may be required either temporary or permanent and if this should be on a phased basis. This must always be fully considered if the employee has a disability; Potential for re-deployment if advised by Occupational Health; Any re-training, mentorship or additional support needed; Ill health retirement, if applicable. A sickness review meeting should take place prior to a Final Review Meeting to ensure a final collation of up to date information is added to the management report to ensure fairness of process FINAL REVIEW MEETING If the above points have been actioned/considered but the employee has still not returned to work/is unable to return to work in a reasonable time period, a final review meeting should be held with the employee, HR and an appropriate Manager. If it is not likely that the employee will return within a month of the final review meeting, the appropriate Manager will consider all of the information/evidence and Page 19 of 35

20 the action taken to date. If they are satisfied that all the appropriate action has been taken then the following options may be considered: Consider potential redeployment to another post within the Trust (this should result in a timely return to work and an expectation that the employee will maintain good attendance in the new role). Consider a further review period, which would not normally exceed 9 months from the first date of the absence although in exceptional cases and following advice from occupational health, this may be extended to 12 months. The employee is dismissed on the grounds of capability due to ill health (this will require supporting documentation and advice from Occupational Health if agreed with the employee. If the employee does not given consent to release Occupational Health information then decisions will be taken in the absence of Occupational Health information). The HR representative will record details of the meeting and actions agreed and the details will be confirmed in writing by the Manager to the employee within 7 calendar days. Any decision or recommendations will be fully discussed with the employee at the review meeting. 3.4 APPEALS AGAINST TERMINATION OF EMPLOYMENT An employee who has had their contract of employment terminated as a result of sickness absence has the right to appeal that decision. Please refer to the Trusts Disciplinary and Dismissal Policy and Procedure. 3.5 PERMANENTLY UNFIT FOR WORK/ILL HEALTH RETIREMENT At any stage of the procedure, where it has been confirmed that the employee is either permanently unfit for work or the timescale for return to work is not imminent or is unknown, consideration should be given to termination of contract on health grounds. Employees will have the right to appeal this decision. Employees who are members of the NHS Pension Scheme for a minimum of 2 years are eligible to apply for ill health retirement. Such applications will be facilitated by HR, provided the application is supported by Occupational Health/ GP. There are tiered arrangements for the determination of ill health retirement benefits. The decision as to whether ill health retirement benefits are payable is made by the NHS Pension Scheme. 3.6 PHASED RETURNS AND TEMPORARY ADJUSTMENTS TO ROLE In some cases following long term absence, temporary modifications to duties may be advised. These may include: Changes to working pattern; Page 20 of 35

21 Reduced working hours; Temporary redeployment to alternative duties pending return to normal duties; Modifications or adjustments to the physical working environment (see Appendix 1 for examples of workplace adjustments). Phased return may be as follows: Where agreed on the recommendation and support of Occupational Health, a phased return will be up to three weeks of an employee s return to work, and during this period the employee will receive normal remuneration. The employee can request to extend this period using some annual leave; this will only be for a further two week period at the discretion of the manager and strictly in line with service needs. Where the employee feels they would benefit from a phased return, they can request to use some of their annual leave to ensure no loss of pay, however this would be at the manager s discretion and strictly in line with service needs. If annual leave is used the manager must also consider whether the employee will have sufficient leave to cover them adequately for the remainder of the holiday year. Any reasonable adjustments that have been made should be reviewed throughout the rehabilitation process to ensure that they are sufficient and proving beneficial for the employee. 3.7 RETURNING TO WORK WITH PERMANENT ADJUSTMENTS TO ROLE An employee should be allowed to return to their substantive post with permanent adjustments made to this role, where all parties agree this is reasonable, safe and feasible to do so (see Appendix 1 for examples or workplace adjustments). The line manager together with the employee should discuss with the HR Department any schemes that may assist employees to remain in employment e.g. Access To Work. If a return to work with permanent adjustments is not possible, the manager must give clear reasons to the employee and these should be confirmed in writing. 3.8 PERMANENT REDEPLOYMENT Offers of Alternative Work When Occupational Health have advised the manager that the individual is unable to return to their current post due to their on-going health issues, the manager must meet with the employee to: Discuss an appropriate way forward, and to make them aware of the process involved; a representative from HR must be present and the individual may be accompanied (either by a trade union representative or work colleague). Complete the Redeployment Interview form in order to establish skills and experience so that suitable posts can be offered to the individual. Page 21 of 35

22 Place the individual on the Redeployment Register for 12 weeks. During this period concerted efforts will be made to identify a suitable post. The outcome of this meeting will be confirmed in writing to the employee and will include the right of appeal. Advise the employee that they must also be responsible for identifying suitable posts and making the manager aware of the posts they are interested in. Confirm that they will keep in close contact with the employee to keep them apprised of the situation. If an individual is placed on the Redeployment Register they can be considered for all vacancies including promotional vacancies provided they meet the essential criteria for the post. In order to assess this it may be necessary for a meeting to be held with the individual. Consideration should be given to reasonable adjustments. Where individuals are placed on the Redeployment Register this means they are given prior consideration for posts before they are advertised more widely. If a suitable post is identified: An appointment will be made on a prior consideration basis, and assuming that where the employee meets the criteria (or is able to be trained to meet the criteria in a short space of time) will be slotted in if there are no other individuals seeking redeployment. The employee will still however be subject to an informal interview by the Appointing Manager to ensure their suitability. Human Resources will discuss the situation with the Appointing Manager prior to interview. Where there is competition for the post i.e. other staff who are seeking redeployment (for health reasons) an interview process will take place. Occupational Health will be asked to advise on suitability and fitness for the proposed post. The employee can opt to take the employment on a trial basis for up to four weeks. The employee will be offered reasonable on the job training to assist them in taking up the suitable alternative employment. Suitable alternative employment may include provision of adjustments. Where redeployment to a suitable alternative post is considered to be the most appropriate course of action, the aim will be to redeploy employees into a post where the terms and conditions are similar to their current post. However, if this is not possible, and the individual is offered a post on a lower banding/less hours etc., they will not be entitled to any protection of pay as redeployment will be an alternative to dismissal. If the employee accepts the alternative employment, they will commence in post on the terms and conditions appropriate to the post. The employee may opt to not follow such an option, but it is the responsibility of managers to offer it. The manager must explain the effect on pay and conditions, including the effects on their pension, to the employee when they apply for a suitable Page 22 of 35

23 alternative post. Information should be sought from the Trusts Pensions Officer or directly from the NHS Pensions website. 3.9 IF NO SUITABLE REDEPLOYMENT POST IDENTIFIED As detailed in 3.8 above, if no suitable alternative opportunities are identified the line manager will arrange to meet with the employee in order to ensure that all possible alternatives have been considered and that all appropriate termination paperwork has been completed. Termination of employment will be the outcome based on the grounds of capability, and appropriate notice given. It is recognised that, in certain circumstances, alternative duties/employment is not a feasible option. However, the possibility of arranging alternative duties/ employment in order to enable an individual back into the working environment after a long period of sickness absence due to ill health, should be given full consideration (even on a temporary basis) before deciding upon termination of employment. All options that have been considered should be properly documented by the manager in the employee s personal file COMPENSATION/DAMAGES An employee who is absent as a result of an accident is not entitled to sick pay if damages are received from a third party. Employers will advance to an employee a sum not exceeding the amount of sick pay payable under this scheme, providing the employee repays the full amount of sickness allowance to the employer, when damages are received. Once received the absence shall not be taken into account for the purposes of the scale set out in paragraph 14.2 of the NHS Terms and Conditions of Service handbook. Contractual sick pay is not normally payable for an absence caused by an accident due to active participation in sport as a profession, or where contributable negligence is proved, unless the Trusts agree otherwise INJURY ALLOWANCE Eligible employees who have injuries, diseases or other health conditions which are wholly or mainly attributable to their NHS employment will be entitled to an injury allowance, subject to the conditions outlined below and with reference to Section 22: Injury Allowance of the NHS Terms and Conditions of Service Handbook. The injury, disease, or other health condition must have been sustained or contracted in the discharge of the employee s duties, or an injury which is not sustained on duty but is connected with or arising from the employee s employment. Payment of injury allowance is not dependent on length of service. Should an employee be absent from work due to an accident sustained at work, the manager must ensure the appropriate documentation, including the incident form, is completed immediately and Payroll informed. Entries on ESR must indicate that the absence is due to a work related injury. In circumstances of sickness absence attributed to work, particularly where the injury leads to absence of five working days or more, and where the incident Page 23 of 35

24 becomes liable to be reported under the RIDDOR regulations, referral to the Occupational Health service may be appropriate. In any event, a note should be made on the accident report form as to whether or not referral has been made. 4. TRAINING AND SUPPORT A Toolkit for Managers is available on the HR section of the Trusts intranets. Support will be provided by HR to managers implementing this policy and procedure where required. People Management Training Programme (PMP) is also available to all Line Managers. 5. PROCESS FOR MONITORING COMPLIANCE The process for monitoring compliance with the effectiveness of this policy is as follows: Aspect being monitored Sickness absence cases are managed in accordance with this policy Any negative effects of this policy on employees with a protected characteristic Monitoring Methodology Review of a sample of 5 cases Monitoring and analysis of the quality profile of employees Presented by HRBP or HRA HRBP or HRA Reporting Committee Workforce and OD SMT Workforce and OD SMT Frequency Annually Annually Wherever the above monitoring has identified deficiencies, the following must be in place: Action plan Progress of action plan monitored by the Workforce Group minutes Risks will be considered for inclusion in the appropriate risk registers 6. REFERENCES: Equality Act NHSLA Risk Management Standards Safe Environment 20Standards% pdf NHS Terms and Conditions of Service NHS Employers NHS Pensions Member Hub Statutory Sick Pay Overview Page 24 of 35