ABSENCE MANAGEMENT POLICY

Transcription

1 ABSENCE MANAGEMENT POLICY Contents: Introduction Scope Framework Formal Action Appeal Support Disability Appendix A - Checklist for managers Appendix B - Return to work interview ID HR015 Last Review Date 22 February 2017 Next Review Date February 2019 Approval Clinical Executive Committee - 22 February 2017 Policy Owner HR Policy Author Rochelle Brown Advice & Guidance Please contact the HR People Centre Location Intranet Related Documents Applicability Appendix A and B This policy applies to all employees in the NHS Portsmouth CCG regardless of length of service, excluding those on medical or dental contracts of employment. It does not apply to agency workers or selfemployed contractors.

2 1. INTRODUCTION 1.1. NHS Portsmouth Clinical Commissioning Group ( The CCG ) is committed to the health and well-being of all our employees The Absence Management Policy sets out the CCG's procedure for reporting sickness absence. It is also designed to provide a supportive framework for employees where a shortfall in attendance has been identified to assist those employees to improve, reach and maintain the standard of attendance expected This procedure does not form part of the contract of employment and it may be amended from time to time. The CCG may also vary parts of this procedure, including any time limits, depending on the circumstances of particular cases This policy sets out what the CCG expects from managers and employees with regards to managing absence from work Managers will be responsible for the management of the employees' sickness absence Employees have a responsibility to familiarise themselves and act in accordance with this policy. 2. SCOPE This policy applies to all employees in the NHS Portsmouth CCG regardless of length of service excluding those on medical or dental contracts of employment. It does not apply to agency workers or selfemployed contractors. 3. FRAMEWORK 3.1. Reporting Procedure If an employee recognises they are unfit to attend work, they must comply with the following procedure. Employees are required to contact their manager, or nominated point of contact by telephone no later than 30 minutes before their scheduled start time on their first day of absence. They need to outline what is preventing them from attending work and give an anticipated return to work date. If an employee is taken ill or injured whilst at work they should report this to their line manager who will determine the most appropriate action to be taken. The manager is responsible for ensuring all sickness absences are entered on ESR.

3 3.2. Certification/ Evidence Managers may request an employee to provide evidence of absence in the form of a fit note. If the absence is longer than 7 calendar days, the employee will need to provide a fit note on the 8 th day of absence. The manager will need sight of this. If the employee's absence extends beyond the period of the initial certificate, the manager will need to see sight of the fit notes that cover the relevant period of absence. Any advice from the GP will be adhered to by the employee's line manager, where the business can support such action. If this is not possible then the employee may remain on sick leave until the medical certificate expires Keeping in contact The manager/employee will need to keep in contact with each other during periods of sickness absence so it is important to ensure that employees contact details are accurate. During the period of absence the employee is required to keep their manager regularly updated as to their progress; the frequency of this will be agreed on an individual basis, but, in the absence of such as agreement, this update should be daily. If the employee is unable to return to work on the date expected they must call their manager again. It will not be acceptable to send a text message, or to leave a message unless agreed with the manager in advance Unauthorised absence If an absence is not notified and/or no contact can be made during a period of absence, then, where no explanation for the employee's absence can be established and after all reasonable attempts have been made to make contact, pay may be stopped and where necessary, disciplinary action may be taken. A letter would be sent to the employee's registered address prior to any action being taken. Please contact the HR People Centre for guidance Return to work discussion If an employee is judged to be fit for work they must notify their manager immediately. The return to work discussion will vary according to the individual circumstances. A manager should explore with the employee, the reason for the absence, and any concerns regarding the employee's overall attendance/well-being. This discussion is also an opportunity for the employee to advise of any underlying medical conditions or mitigating circumstances which may have contributed to the level of absence. The manager also needs to be aware of any medication that the employee is taking or whether any adjustments need to be made in the short term.

4 A phased return to work may be agreed to support an employee back into the workplace, a phased return will be over a short period of time, gradually increasing to normal duties/hours. A return to work programme may include work at reduced hours, use of annual leave to reduce the number of days worked, restricted duties and/or temporary redeployment to an alternative role Returning to work from long-term sickness absence The CCG is committed to helping employees return to work from long-term sickness absence defined as 3 weeks/15 working days. As part of this procedure, the CCG will, where appropriate and possible, support a return to work by: a) Obtaining medical advice b) Making appropriate reasonable adjustments to the workplace, working practices and working hours c) Consideration of redeployment and/or d) Agreeing a return to work programme Managers will maintain contact with the employee in order that they remain fully informed of their progress and also so that they are made aware of any action the CCG may be able to take to aid their recovery. If an employee is unable to return to work in the longer term the CCG will follow the formal absence management meetings in Section 4 Formal Action Occupational Health (OH) Where the level of absence becomes a cause for concern, a manager may request a referral to OH to seek guidance on any reasonable adjustments that can be made to support an employee in the work place or other appropriate advice to reduce the possibility of further absence. An OH referral and assessment may be required during any period of sickness. The CCG will meet the cost of this OH referral. The employee will be informed in advance of the intention and reason for the OH referral and on completion of OH assessment made aware of the recommendation(s) and way forward Ill Health Retirement In certain circumstances employees may be eligible for ill-health retirement. Any eligibility is subject to the terms of the NHS Pension Scheme and support of Occupational Health Dentists, Doctors, Opticians and other Health Appointments Dentist, doctor, optician, hospital or other health appointments in work time need approval in advance from your line manager.

5 Where possible, appointments should be made outside of working hours or at the very least at the beginning or end of the working day so as to cause as little disruption as possible. It is accepted that in certain circumstances (i.e. hospital appointments) this is not always possible. Where an employee attends an appointment in working hours, the expectation is that he or she will make up the hours. Where this is not possible annual leave or unpaid leave or lieu time will be taken. Recognising there is less flexibility for hospital appointments, employees will be released with pay if these fall at a time when the individual would have normally been working, evidence of appointments may be requested by the line manager Sick Pay Scheme An employee's sick pay entitlement will be in line with the provisions detailed in the Agenda for Change - NHS Terms and Conditions of Service handbook. ook_fb.pdf These provisions are the maximum that can be paid within any 12 calendar months. Payments are made on a rolling year basis with the days taken sick within the preceding 12 months subtracted from the total available. In the event that the employee's sick pay entitlement has expired, the employee must continue to submit a copy of the GP fit note to their manager. This will prevent the absence being considered unauthorised and allows the CCG to continue to the support the employee during their absence Sick Pay and non-work related accidents Should an employee sustain an injury whilst undertaking a sporting activity in a professional capacity or as a result of any secondary employment that results in their sickness absence from work, then sick pay is not normally payable for the period of absence. An employee who is absent from work as a result of an accident is not entitled to sick pay if loss of earnings are received from a third party. The organisation will normally advance to the employee a sum equivalent to their sick pay entitlement providing the employee repays this amount when damages are received. Once these monies have been received by the CCG the absence will not be taken into account for the purposes of sick pay allowances.

6 3.12. Sickness absence and annual leave Annual leave is accrued throughout the period of sickness absence regardless of whether it is paid or unpaid sickness absence. All accrued annual leave can be carried forward into the following year If illness results in cancellation of annual leave, the individual may substitute sick leave for annual leave on production of a fit note and provided the normal reporting procedure has been followed. Employees will not be entitled to an additional day off if sick on a statutory holiday Work related accidents When an accident takes place in the work place or on official work business, it is the responsibility of the employee to report the incident/accident as soon as possible to their line manager who will then complete the appropriate risk forms:- th-safety-posters-and-forms/health-safety-forms In accordance with RIDDOR legislation, those accidents which result in absence from work continuing over 7 calendar days must be reported to Health & Safety using the appropriate form at Employees may be able to make a claim under the NHS Injury Benefits scheme either on a temporary or permanent basis. Further information can be obtained at Suspension The CCG reserves the right to suspend an employee, on full pay, on medical grounds pending further medical guidance in relation to their health. This might arise if the CCG is concerned that the employee may not be fit to work or return to work as planned. 4. FORMAL ACTION 4.1. A manager may seek to undertake formal action with an employee whose absence continues to be cause for concern following previous informal discussion(s). The decision to proceed to a formal absence management meeting will be made in conjunction with HR. The formal stages are: Stage 1 = first written warning Stage 2 = final written warning Stage 3 = dismissal

7 The normal escalation (of Stage 1, Stage 2, Stage 3) will occur where absence continues to be a concern during monitoring periods following a Stage 1 or Stage 2 meeting, however, the circumstances of the individual case will need to be assessed and may result in moving directly to any stage of formal action (e.g. direct to Stage 2 or 3). If the normal escalation of the stages (e.g. Stage 1, Stage 2, Stage 3) is not going to occur, the approach must be proportionate and reasonable and the reasons need to be formally communicated to the employee. An employee should contact their trade union or another party for support and advice. Advice and guidance for managers is available from HR throughout. The manager should forward a pdf copy of any Stage 1 outcome letter to HR. Where a formal meeting (where a warning/dismissal may occur) is required to address absence concerns, the following will apply Inform the employee The manager will write to the employee inviting them to a formal absence management meeting. The letter will inform the employee of their right to be accompanied by a trade union representative or workplace colleague and will include the possible consequences for the employee Hold formal meeting with the employee The employee and their representative (if any) should make every effort to attend an absence meeting. The purpose of the meeting is to establish the facts, to allow the employee to respond to concerns about their attendance and if applicable, put further support mechanisms in place. If the employee and their representative cannot attend at the time specified, arrangements will be made to agree a reasonable alternative date/time. If the employee fails to attend without good reason, or is persistently unable or unwilling to do so, a decision may be made based on the available evidence and in the absence of the employee. The management case will be presented including for example evidence of previous informal and formal meetings, absence records and evidence. The employee will have the opportunity to input into the meeting. The meeting will adjourn to consider the evidence, and decide on the outcome. The decision will be given to all parties without unreasonable delay.

8 4.4. Confirm outcome in writing The employee will be notified in writing of the outcome of the meeting without unreasonable delay. Where applicable, the letter will include how long any sanction will apply for and the right of appeal and the timescale. If the employee has been dismissed, the letter should include the reason for dismissal and the employee's termination date Decision to dismiss A decision to dismiss should only be taken by a panel chaired by a manager who has the authority to do so and who has not been previously involved in the case. This will usually be vested in a Chief Officer/Senior manager or equivalent Consideration of reasonable adjustments/redeployment Reasonable adjustments and/or redeployment will be considered prior to consideration of ill-health retirement and where appropriate termination of employment. 5. APPEAL 5.1. If the employee feels that a decision about action under this policy is wrong or unjust they should appeal in writing to the manager/chair of the Panel who made the decision being appealed against within 10 working days of the date of receipt of the outcome letter The appeal letter must clearly state why the original decision is being appealed and should include the grounds for the appeal If the employee is appealing against dismissal, the date on which the dismissal takes effect will not be delayed pending the outcome of the appeal. However, if the employee s appeal is successful they will be reinstated with no loss of continuity or pay The CCG will give the employee written notice of the date, time and place of the appeal hearing. The appeal hearing will be held as soon as reasonably practicable Where possible, the appeal hearing will be chaired by another manager at the same level or above as the manager who made the decision that is being appealed against and who has not previously been involved in the case. A member of HR will be present. The employee may be accompanied by a trade union representative or workplace colleague Following the appeal hearing the CCG may: (a) confirm the original decision; (b) revoke the original decision; or (c) substitute a different outcome

9 5.7. The outcome of the appeal hearing will be confirmed in writing to the employee without unreasonable delay. The outcome of the appeal hearing is final. There are no further stages. 6. SUPPORT In all situations, the employee is advised to contact their trade union or another party for support and advice. Employees are also advised to contact the Employee Assistance Programme for support and advice DISABILITY The Equality Act protects employees from discrimination - direct, including by association and by perception, indirect, harassment and victimisation - because of disability. Under the Act, a person is disabled if they have a physical or mental impairment which has a long-term (usually lasting more than a year) and substantial adverse effect on their ability to carry out normal day-to-day activities. A number of impairments, such as cancer, HIV and multiple sclerosis are automatically considered disabilities and other progressive conditions will be considered a disability as soon as the symptoms of that condition have an effect. What constitutes a disability can be variable and difficult to define. Employers should remember that: A reasonable adjustment is a change or adaptation to the physical or working environment that has the effect of removing or minimising the impact of the individual s impairment in the workplace so they are able to undertake the duties of the job. Employers are accountable for deciding what (if any) reasonable adjustments will be made. It is good practice for employers to seek advice in coming to this decision. The focus is very much on the employee s ability to function on a day-to-day basis rather than on medical diagnosis. Where the employer or another person acting for the employer knows, or could reasonably be expected to know, that the employee or job applicant has a disability, the potential for discrimination occurs. An

10 employer should be ready to discuss what a reasonable adjustment should be with the disabled employee or job applicant.

11 ABSENCE MANAGEMENT POLICY APPENDIX A - CHECKLIST FOR MANAGERS INITIAL ACTION DATE Complete absence return form on first day of absence Discuss with employee reason for absence and estimated return date Arrange cover if appropriate Is absence due to an industrial injury or work incident - if yes complete incident form, risk assessment and annotate absence return form accordingly Arrange and maintain regular contact with the employee for periods of extended absence (at least fortnightly) Record summary of discussion with employee Obtain medical certificates for absence over 7 days Refer to Occupational Health immediately - if absence due to stress, depression or musculoskeletal REFERRAL TO OCCUPATIONAL HEALTH - As soon as it is known individual will be off 3 weeks or 15 working days or more Arrange to meet individual to discuss referral to OH At meeting, discuss the referral being made to OH - arrange appointment Employee to complete OH consent form Hand copy of OH referral to employee Arrange meeting with HR and employee to review OH advice and next steps. Meeting to take place before individual goes into half pay Arrange further meetings as appropriate Advise employee of meeting outcome without unreasonable delay ON RETURN TO WORK Welcome employee back to work Check professional registration, driving license etc. if appropriate Complete return to work discussion Complete absence return form Agree phased return to work where appropriate (taking into consideration OH advice) Provide support during phased return, utilise HR and OH advice Agree how full contractual pay will be achieved during phased return If phased return lasts longer than 4 weeks agree voluntary reduced hours scheme Complete relevant paperwork Signature of Manager Date

12 ABSENCE MANAGEMENT POLICY APPENDIX B - RETURN TO WORK INTERVIEW (CONFIDENTIAL) Return to work interview for: Service: Section: Date of first day of sickness: (may be a non- working day) Please state what hours and calendar days are usually worked per week: Reason for absence: If the employee does not wish to discuss the reason for their absence with their manager they can contact HR or in exceptional circumstances arrangements can be made for a discussion with Occupational Health. Date of last day of sickness: (may be a non- working day) Total of normal working hours lost due to sickness: e.g. two weeks at 37.5 hours per week = 75 hours lost Question Yes No Does the employee feel fit enough to return to work? If no, please explain further: Is this a recurring illness or likely to occur again? If yes, please give details: Is there anything that we need to be aware of? If yes, please give details: Did the employee seek any medical advice? If yes, please give details: Is the employee taking any medication that may affect their work? (e.g. likely to cause drowsiness/dizziness) If yes, please give details: Was the absence caused or made worse by workplace factors? If yes, please give details: Have relevant forms been completed/certificates handed in? If absence was due to an injury sustained at work has appropriate form been completed and the Health and Safety Unit informed? If the absence was caused by a third party accident has the appropriate form been filled in to notify payroll (who will seek a claim against the insurer)? Is any action required to facilitate the employee s return to work? If yes, please give details:

13 Sickness Absence Record over the last 12 calendar months (including this absence) Number of occasions: Number of uncertified days sickness: i.e. including all periods of shortterm sickness under 7 days absence. Number of medically certified days sickness: i.e. all periods of sickness lasting more than 7 days absence accompanied by a doctors note. Action required / agreed: Question Yes No Is the amount/level of sickness absence causing concern? Is an OH referral appropriate? Is a risk assessment required? Risk Assessment Tool: Description of Risk e.g. the employee is required to lift heavy boxes as part of their job, but this may make their ill health worse. Impact medical situation could have on carrying out full job duties? Probability - medical situation could affect the carrying out of full job duties? Owner Action i.e. required to reduce risk e.g. reasonable adjustments, training, additional equipment/ support etc. High, High, Medium or Medium or low low Further action required? (e.g. counselling, OH, formal meeting/procedure) Any other comments: Signature of Employee: Date: Signature of Manager: Date: Name of Manager: Contact number: