WORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST PROCEDURE FOR STAFF RETURNING TO WORK ON REDUCED HOURS AS PART OF A REHABILITATION PROGRAMME

Transcription

1 WORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST PROCEDURE FOR STAFF RETURNING TO WORK ON REDUCED HOURS AS PART OF A REHABILITATION PROGRAMME This policy should be read in conjunction with

2 Worcestershire Mental Health Partnership NHS Trust Policy Data Unique Identifier: HR026 Ratified by: Joint Negotiating Consultative Committee Ratification Date: 18th December 2008 Review Interval: Three Years Version Update: Review Date: December 2011 Owner: Head of Human Resources Reviewer: Head of Human Resources Responsible Forum: Joint Negotiating Consultative Committee Document Type: Human Resources Policy Superseded Policy: Search Criteria If printed, copied or otherwise transferred from its originating electronic file, this document must be considered to be an uncontrolled copy. When documents are updated, notification will be circulated throughout the organisation. Policy amendments may occur at any time and you should always consult the PDF file held on the Trust s Intranet.

3 WORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST PROCEDURE FOR STAFF RETURNING TO WORK ON REDUCED HOURS AS PART OF A REHABILITATION PROGRAMME CONTENTS Page No 1 INTRODUCTION 3 2 BACKGROUND 3 3 PROCEDURE 4 4 PAYROLL DOCUMENTATION 5 APPENDICES 1 PROCEDURE FOR RETURNING TO WORK AS PART OF A REHABILITATION PROGRAMME 6 Please cross reference this policy with: Sickness Policy and Guidelines

4 WORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST PROCEDURE FOR STAFF RETURNING TO WORK ON REDUCED HOURS AS PART OF A REHABILITATION PROGRAMME 1. INTRODUCTION Sickness absence causes a great deal of concern to the individual concerned. Not only are they concerned about their own health and the effect on their family, but also there will be worries about their work and the effect of their absence on patients and/or colleagues. In some cases, individuals will have concerns about their ability to continue to be able to carry out duties of their post and may need additional support for a short period of time. 1.1 This guidance is intended to deal with situations where a member of staff is advised by Occupational Health and through agreement with their line manager to return to work on reduced hours as part of a rehabilitation programme. It is intended to provide the support they need to return on a phased basis. 1.2 Such a programme may be appropriate following an absence (usually long-term) where performing the full role may be considered impractical on initially returning to work. 2. BACKGROUND 2.1 The Disability Discrimination Act 1995 requires employers to make reasonable adjustments in order to retain members of staff who become disabled under the definition of the Act during their employment. One example of a reasonable adjustment is allowing the individual a period of time to readjust by reducing their hours of work following a period of absence. The Trust wishes to extend this requirement and support all staff returning to work following long-term sickness where the individual feels it would be helpful and has the support of the Occupational Health Department in this view. 2.2 Employment law also demonstrates the need for employers to be responsive to the individual s condition on his/her return to work and to take steps to avoid the individual s condition recurring as a result of work factors. 2.3 The procedure assists the individual and his/her manager in working together to promote a full recovery and a route for the individual to return to their normal role and hours on a sustainable basis if appropriate. 2.4 In making such arrangements, it is necessary to consider the following factors, which may at times appear to be conflicting:- The need to consider each case individually. The needs of the Service. The need for a consistent approach. The need to be fair to the individual s colleagues. Page 1

5 3. PROCEDURE 3.1 In accordance with the Sickness Policy Occupational Health may recommend a return to work on a restricted duties or reduced hours basis with an indication of the type of rehabilitation programme which may be required. The Manager should ensure Occupational Health have a copy of the individual s job description. 3.2 Having looked at the job description and considered the working environment in discussion with the employee, Occupational Health must provide the Manager with a report specifying that a rehabilitation period on reduced hours is recommended in order to facilitate the individual s return to work. This should cover: The recommended number of hours/days (or pattern of attendance recommended) which the individual should work. The recommended duties the individual is able to undertake (refer to job description). The recommended length of the rehabilitation period/frequency of review by OH (see point 3.7). The timescale for gradually increasing the amount of duties the individual can undertake, if appropriate. This may include any equipment or modifications required to allow the individual to return on a rehabilitation programme. The costs for such should be met from the line manager s budget. Where the employee comes under the Disability Discrimination Act, the Employment Services are able to contribute to such costs. Managers should contact their HR Adviser for further information. 3.3 A period of phased return to work should normally be achieved within a four week period. Depending upon the circumstances this may be extended for a further 2 weeks maximum. 3.4 The recommendation from Occupational Health should be discussed with the individual at a Sickness Review Meeting between the line manager and member of staff, along with a staff side representative or colleague if requested, in order to agree what is feasible and agreement reached about the specific nature of the rehabilitation period (e.g. date of return to work, whether this will include any restriction on duties undertaken, or other changes). The arrangements agreed should be confirmed in writing to the individual. 3.5 Where a phased return is agreed as part of a rehabilitation programme, contracted hours not worked will be treated as follows: Utilisation of accrued leave up to the date of return to balance unworked hours. Followed by reverting to payment for full contracted hours once the accrued leave has been used. Page 2

6 3.6 An employee returning to his/her duties on a phased basis must only work the hours agreed with their manager as part of their rehabilitation programme. No additional hours should be worked. 3.7 The individual will be reviewed regularly by Occupational Health throughout the rehabilitation period in order to assess progress and recommend whether or not the individual is fit to resume their normal hours/duties within the planned timescale. Alternatively, Occupational Health may occasionally recommend an extension to the period of rehabilitation, again within clearly defined parameters. 3.8 Details of arrangements should be confirmed in writing to the individual. 3.9 In some circumstances an employee may return to another post for a short-term period if the duties of their substantive post cannot be undertaken. This decision would be taken by the manager and the employee with advice from OH and HR and would be subject to the needs of the service, the requirements of the department, the individual knowledge, experience and ability to undertake the duties of the post. Continuation in another post would be reviewed by Occupational Health in consultation with the employee and his/her manager. 4. PAYROLL DOCUMENTATION 4.1 When completing payroll documentation the following still applies: Weekly/monthly timesheets (manually completed): Hours worked to be entered into appropriate sections; hours not worked to be recorded as annual leave or authorised absence once leave accrued up to and during sickness has been used up and shown in hours. Turnround Documents (manually completed): The dates and hours that the employee has not worked to be recorded as authorised absence or annual leave as appropriate. 4.2 An employee on phased return to work following a period of sickness, will be paid as if they were working their contracted hours or on annual leave as appropriate. For further advice in applying these guidelines please refer to your Human Resources Adviser. Page 3

7 APPENDIX ONE Procedure for returning to work as part of a rehabilitation programme Employee has been off sick for a lengthy period and wishes to consider phased return. Management referral to OH. OH assess fit to return on reduced hours and/or restricted duties in discussion with employee. Manager liaises with OH to specify details of return: hours/days/duties/length of rehabilitation period/timescale for increasing amount of duties the individual can undertake etc. (This may include the recommendation that the employee returns to an alternative post during part of the Rehabilitation programme). Manager discusses with employee the details of the phased return to work and confirms their agreement in writing. The employee will be reviewed regularly by OH throughout the rehabilitation period. Towards the end of the Rehabilitation programme, the manager liaises with OH department for a recommendation as to whether the employee is fit to resume their normal hours/duties. Not fit to resume work discuss with HR. Not fit to resume. A further period for Rehabilitation may be set. Fit to resume work. Fit to resume work. Employee has a final review with their manager before resuming full duties. Fit to resume but have agreed with manager a permanent change in duties or hours. Manager writes and confirms the changes with the employee, issues new job description if applicable, completes a PRISM form if the change effects pay/hours worked. Advice should be taken from your HR Adviser before agreeing any change in grade of post. Page 4