Human Resources and Organisational Development Directorate. Promoting Attendance at Work

Transcription

1 Human Resources and Organisational Development Directorate Promoting Attendance at Work Policy Managers David McFarlane/Jenny Alexander Policy Group PAAW Sub Group Policy Established May 2009 Policy Review Period/Expiry April 2020 Last Updated April 2018 This policy does apply to Medical/Dental Staff UNCONTROLLED WHEN PRINTED

2 NHS Tayside Promoting Attendance at Work policy Version Control Version Number Purpose/Change Author Date 1.0 Version Control was introduced in July 2011 and previous versions of this Policy, prior to this date, are available in the Electronic Document Store. George Doherty May Updated Policy Iain McEachan December Updated Policy Iain McEachan August Updated Policy into current corporate template and reviewed contact information. Awaiting new PIN for full review. David McFarlane Jenny Alexander April 2018 Policy Manager: David McFarlane/Jenny Alexander Page 2 of 62 Review Date: April 2020

3 Contents Number Page 1 Purpose and Scope 4 2 General Policy Statement 4 3 Arrangements Introduction 3.2 Roles & Responsibilities 3.3 Partnership Fora 3.4 Chief Executives & Directors 3.5 Managers And Supervisors 3.6 Employees 3.7 Senior Management Team 3.8 Human Resources And Organisational Development Directorate 3.9 Occupational Health 3.10 Staff Side Representatives 3.11 Contractual Sick Pay 3.12 Nhs Injury Benefits Scheme 3.13 Information 3.14 Equality Act 4 Medical and Dental Staff Absence Policy Application 4.2 Responsibilities and Organisational Arrangements Appendix A: Promoting Attendance At Work Advice for Employees 10 Appendix B: Promoting Attendance At Work Procedures 20 Appendix C: Policy Approval Checklist 47 Appendix D: Equality Impact Assessment 48 Policy Manager: David McFarlane/Jenny Alexander Page 3 of 62 Review Date: April 2020

4 Section 1: Purpose and Scope 1.1 This document provides structure and direction on promoting attendance at work and managing absence and covers all staff employed by NHS Tayside. It is in place to enable employees to fulfil their work potential, which includes effectively managing any health condition at work. 1.2 This and other NHS Tayside Policies provide support for the development of healthy, safe and supportive working environments that contribute to a culture of staff taking responsibility for their attendance at work. 1.3 Managers are encouraged to support staff from the first day of their absence from work to make the quickest recovery possible. This requires managers and staff to consider the potential benefits of temporary adjustments from the first day of sick leave. 1.4 NHS Tayside recognises that in many cases, with some help, staff can be supported to recover from their condition and that work can play a part in that recovery. 1.5 The senior management team and all managers and supervisors involved in managing staff will be encouraged to develop the competencies needed to support staff recover from injury, mental health or other illness including the onset of disability. 1.6 This document should be read in conjunction with NHS Tayside Promoting Attendance at Work Procedures. A document titled Promoting Attendance at Work - Advice for Employee s is also available for all staff and is available via the intranet, HR & OD Directorate or Line Manager. Section 2: General Policy Statement NHS Tayside is committed to a pro-active approach to promoting attendance. Through Partnership working, NHS Tayside recognises the shared responsibility of all NHS Tayside employees to optimise attendance at work. NHS Tayside also recognises that to deliver health service policy and maintain quality of service to users and the population of Tayside, a motivated, flexible and effective workforce is essential. In line with Partnership Information Network (PIN) requirements, national terms and conditions of employment, and the Human Resource and Learning Together strategies, NHS Tayside will provide training, guidance and support in ensuring equality of treatment for all employees in matters of attendance. NHS Tayside promotes a Work Focused Approach to Managing Sickness Absence: This means focusing on what staff can do, or might be capable of doing with reasonable help and support to help them stay in work or return sooner than they might have otherwise. This approach incorporates the Principles of the Statement of Fitness for Work (Fit Note or Statement) to all sickness absence. NHS Tayside is committed to provide a sympathetic, fair and consistent approach to promoting attendance at work. Please refer to the Promoting Attendance at Work Procedures document for guidance on the application of this Policy. NHS Tayside recognises as an employee you can expect: a supportive approach from management fair treatment consistency of application Policy Manager: David McFarlane/Jenny Alexander Page 4 of 62 Review Date: April 2020

5 confidentiality firm response to abuse of absence Procedures effective Procedures in dealing with medium and long term incapacity access to a confidential counselling service to aid your wellbeing In promoting attendance NHS Tayside will: ensure comprehensive training is provided for staff involved in the management of attendance introduce family friendly policies and flexible working practices expect co-operation from staff in adhering to the Procedures implement return to work discussions implement information systems which provide statistics to aid monitoring of attendance levels and provide feedback to Management and Partnership Forum work towards reducing absence from work maintain records of attendance and related meetings comply with relevant and current legislation relating to, for example, Health, Safety and Welfare of employees and the Equality Act deal promptly with the management of medium/long-term incapacity where appropriate, undertake risk assessments, before a staff member returns to work deal with absence management separately from the Employee Conduct Policy Section 3: Arrangements 3.1 Introduction Everyone in the workforce at all levels feels the impact of ill health on attendance at work. It can significantly affect how an organisation performs. This, in turn, affects the level and quality of service we give our patients, clients and customers. NHS Tayside believes a holistic approach to promoting attendance will benefit individual employees and the organisation. There are several factors thought responsible for affecting attendance rates, including: - working hours/workload pressures caring/social responsibilities motivation changes in working practices absence culture safety, health and welfare services short term self certification long-term sick pay NHS Tayside is committed, through partnership working to assist employees to improve their working life by addressing these and other factors. In order to do so NHS Tayside will introduce, health awareness programmes, performance management systems and training. However, where absences are unauthorised these will be dealt with under the appropriate Procedures. Conditions for managing sickness absence will be in accordance with Agenda for Change conditions of service. Please note the provisions that apply to Medical and Dental Staff (see Section 4 - Medical and Dental Staff Sickness Absence). Policy Manager: David McFarlane/Jenny Alexander Page 5 of 62 Review Date: April 2020

6 3.2 Roles and Responsibilities NHS Tayside recognises the importance and value of effectively promoting attendance and that it is an integral part of line management, for whom the application of this policy is a prime responsibility. NHS Tayside therefore encourages and expects the co-operation and involvement of all staff in this process. 3.3 Partnership Fora It will be the responsibility of each Partnership Forum to monitor attendance at work and to ensure any problem areas are addressed. 3.4 Chief Executives and Executive Directors NHS Tayside Chief Executives and Directors have ultimate responsibility to reduce risks to the organisation, which affect the quality and delivery of services. In order to do so they are committed through partnership working to promoting and creating a healthy working environment. They will however, discharge this responsibility on a day-to-day basis by delegating responsibilities appropriately to other managers and staff. 3.5 Managers and Supervisors Managers and Supervisors will have day-to-day responsibility for ensuring the effective implementation of all aspects of the Promoting Attendance at Work Policy, including arrangements for - Risk assessment Induction and training Reporting and recording absence Investigations Return to work discussions Occupational Health referral Supportive and corrective action Communicate with absent staff Rehabilitation and Phased return to work Managers will be required to undertake appropriate training, which will assist them in the fair and consistent application of this policy. This includes taking the lead during meetings arranged to review attendance issues with their staff. Managers will be responsible for ensuring there are appropriate Procedures in place to ensure full compliance with return to work discussions. Managers are encouraged to support staff from the first day of their absence from work to make the quickest recovery possible. This requires managers and staff to consider the potential benefits of Temporary Adjustments from the first day of sick leave. Managers can refer staff to Occupational Health in order to provide assistance to a staff member on a health-related matter, or to enable Occupational Health to provide the manager with advice about the staff member s health in relation to their work. Managers should also be aware other policies available to support staff including; Alcohol, Drug and Other Substance Misuse Policy, Compassionate and Bereavement Leave Policy, Domestic Abuse Policy, Special leave Policy etc. 3.6 Employees All employees of NHS Tayside have a duty to work the hours as stated in their Contract of Employment. Employees must also co-operate with NHS Tayside Procedures relating Policy Manager: David McFarlane/Jenny Alexander Page 6 of 62 Review Date: April 2020

7 to management of attendance including communicating with their manager when absent from work. At any formal stage of this policy a member of staff has the right to be represented by a lay or full-time official of an NHS Tayside recognised trade union or professional organisation or accompanied by a colleague. Employees shall be reminded of their rights prior to the formal meeting. The employee also has the right to initiate self-referral to Occupational Health for any health related matter. 3.7 Senior Management Team It will be the responsibility of the Senior Management Team to monitor absence and highlight any areas for concern. They will be responsible for developing appropriate performance indicators and reporting arrangements, including those involving appropriate Partnership Forum(s). 3.8 Human Resources and Organisational Development The HR & OD Directorate will provide appropriate support, advice and guidance to managers and staff on the application of the policy. Training on policy and Procedures will also be organised by the HR & OD Directorate. 3.9 Occupational Health Occupational Health provide a focus of information, advice and practical assistance as well as confidential counselling and health surveillance through its team of: - Director Occupational Health Physicians Occupational Health Nurses Counsellors Health and Safety Advisers Staff may access the Counselling and Psychology Service at any time through selfreferral to an OH physician or nurse for any health-related matter, particularly if it relates to, or is affecting their work. Information is not divulged to any third party without the prior written consent of the employee. When, a manager makes a referral to Occupational Health, specific information relating only to the employee s fitness for work will be given. Occupational Health can give specialist guidance to managers on the workplace, which may assist in creating a healthier working environment. The informed consent of the employee will be sought by the Occupational Health Doctor or Nurse for each referral. It is essential that a referral is not portrayed as a punishment and that the reasons for it are fully explained to the employee. It is a condition of employment that the employer continues to be satisfied of the medical fitness of the employee to carry out his/her duties. Therefore NHS Tayside reserves the right to require an employee to undergo a medical examination at any time, which will be carried out by Occupational Health Staff Side Representatives Staff Side representatives have a responsibility to support and advise their members about their rights and responsibilities under the terms of this policy. They also have a responsibility to work with management in the attempts to improve the overall performance of the organisation. Policy Manager: David McFarlane/Jenny Alexander Page 7 of 62 Review Date: April 2020

8 3.11 Contractual Sick Pay Employees absent from work due to illness will be entitled to receive contractual sick pay as follows: during the first year of service one months full pay and two month s half pay during the second year of service two months full pay and two month s half pay during the third year of service four months full pay and four month s half pay during the fourth and fifth years of service five months full pay and five months half pay after completing five years of service six months full pay and six month s half pay Sick pay for those who have exhausted sick pay entitlements should be reinstated at half pay, after 12 months continuous sickness absence, in the following circumstances: staff with more than 5 years reckonable service sick pay will be reinstated if sick pay entitlement is exhausted before a final review meeting for long term absence has taken place staff with less than 5 years reckonable service sick pay will be reinstated if sick pay entitlement is exhausted and a final review does not take place within 12 months of the start of their sickness absence Reinstated pay will continue until the final review meeting takes place. Please note if the delay in undertaking a final review meeting is not caused by the employer the above provision related to the reinstatement of sick pay will not apply. In addition managers also have discretion to extend sick pay entitlements in circumstances deemed reasonable. In circumstances where re-instatement of pay is being considered authorisation should be sought from the appropriate General Manager, Clinical Group Manager or Director. The Extension to contractual sick pay authorisation form should be completed on each occasion and is available from the Human Resources and Organisational Development Directorate. Please note: Full conditions for Contractual Sick Pay are in accordance with Paragraph 14, of Agenda for Change Conditions of Service NHS Injury Benefits Scheme The NHS Injury Benefits Scheme provides benefits for any NHS employee who, as a result of an injury, disease or condition wholly or mainly caused by their NHS employment. Under the NHS Injury Benefits Scheme if you are on certificated sick leave with reduced pay because of an injury or disease or condition wholly or mainly caused by your NHS employment, you may be eligible for temporary injury allowance. Full information on the NHS Injury Benefits Scheme is available from your manager or from: HR & OD Directorate NHS Tayside Level 9 Ninewells Hospital Dundee DD1 9SY Tel: Policy Manager: David McFarlane/Jenny Alexander Page 8 of 62 Review Date: April 2020

9 3.13 Information For details of absence management Procedures please see Promoting Attendance At Work Procedures. The Policy and Procedures are available via the Human Resources and Organisational Development Directorate, intranet, individual managers and Staff Side Organisations Equality Act The Equality Act prohibits discrimination against disabled people. NHS Tayside has a duty of care to provide reasonable adjustments to reduce the disadvantage employees with a disability would otherwise experience. NHS Tayside takes a positive approach to the possibilities of putting in place adjustments to support staff and will carefully consider all reasonable possibilities. Consideration, patience and support should be shown to employees to help them cope with their working environment and their changing circumstances. Section 4: Medical And Dental Staff Sickness Absence 4.1 Policy Application The terms of this policy should be applied with reference to the agreed national terms and conditions relating to Consultant staff, doctors in training, and other grades of Medical and Dental Staff. 4.2 Responsibilities and Organisational Arrangements The Medical Director is responsible for ensuring the appropriate application of this policy with respect of Medical and Dental staff Clinical Directors are responsible for the management of sickness absence issues involving Medical and Dental staff within their area of accountability, including the reporting of and maintenance of records of sickness absence. Clinical Directors can delegate authority to act on their behalf to Clinical Leaders and /or Clinical Managers /Group Service Managers, where appropriate Medical and Dental staff are responsible for ensuring compliance with the terms of this policy, including requirements for local reporting of sickness absence. Policy Manager: David McFarlane/Jenny Alexander Page 9 of 62 Review Date: April 2020

10 Appendix A Human Resources and Organisational Development Promoting Attendance At Work Advice For Employees Policy Manager: David McFarlane/Jenny Alexander Page 10 of 62 Review Date: April 2020

11 Contents Page number 1. Key Things to Know General Statement Responsibilities Taking Informal Action Reasonable Adjustments Occupational Health Taking Formal Action Preparation for an Attendance Review Meeting Short Term Sick Leave Process Long Term Sick Leave Process Occupational Health Case Conferences Senior Management Engagement Appeal against decision to set an Attendance Improvement Standard Appeal against Dismissal Helpful contact numbers 19 Policy Manager: David McFarlane/Jenny Alexander Page 11 of 62 Review Date: April 2020

12 1. Key Things to Know This document should be read in conjunction with NHS Tayside Promoting Attendance at Work Procedures. NHS Tayside promotes a work focused approach to managing sickness absence: This means focusing on what you can do, or might be capable of doing with reasonable help and support to help you stay in work or return sooner than you might otherwise. This approach incorporates the principles of the Statement of Fitness for Work (Fit Note or Statement) to all sickness absence. Your manager is required to consider with you if any adjustments or support would assist you to attend work from the first day of your absence and thereafter. When you return to work from sickness absence your manager will meet with you at a Return to Work Discussion. Attendance: If there are concerns about your attendance at work, your manager is required to discuss it with you. This discussion will be about the level, frequency or pattern of your absences and what can be done to reduce them, not about whether the absence is genuine. When your attendance reaches an unsatisfactory level, the formal process may be initiated. Responsibilities: You and your manager have an important responsibility to reduce absence levels when they become unacceptably high or too frequent. You are expected to keep sickness absences to a minimum. Your manager will deal with your case sensitively and fairly. Taking Informal Action: Your manager is likely to discuss any concerns about your sickness absences with you informally to begin with. Reasonable Adjustments: Your manager will, with you consider making reasonable adjustments to your working environment if you have a disability or underlying medical condition. Occupational Health can help you and your manager to resolve a problem with your attendance or prevent a problem developing. If you agree to your case being sent for professional Occupational Health advice, you may be asked to speak to a doctor or nurse. Taking Formal Action: If your attendance remains a problem, your manager will begin the formal absence management process. Preparation for a Short Term Sickness Absence Formal Review meeting: Your manager will need to investigate the situation and gather information before the meeting. Short Term Sickness Absence Formal Review process: Your manager will follow the stages of the attendance management process to ensure your attendance returns to a satisfactory level. Where your absence has been unsatisfactory, you may be set an Attendance Improvement Standard. The period and level of your review period will be determined by your individual circumstances. If you suffer from a disability or underlying medical condition this will be taken into consideration. Long Term or Continuous Absence Process: If you are absent for a continuous period of time, of 14 days or more, your manager will arrange to meet at your place of work, home Policy Manager: David McFarlane/Jenny Alexander Page 12 of 62 Review Date: April 2020

13 or an alternative location to understand what support you need to return to work at the earliest possible date. Return to Work Plan: If your absence continues your manager will work with you to develop a Return to Work plan. In addition if you are at work and need support your manager will work with you to develop a Return to Work Plan. To support staff consideration should also be given to appropriate use of family friendly policies, Carer Leave, Special leave etc. Case Conference: If you are absent from work for 3 months your manager will arrange a case conference with Occupational Health and a representative from the HR & OD Directorate to discuss how to manage your absence. Senior Manager Engagement: If you are absent from work for 6 months or more your manager will engage a more senior manager in your case. Dismissal: If you are unable to return to good attendance within a reasonable timescale, dismissal will be considered. Appeal against an Attendance Improvement Standard: If you have been set an Attendance Improvement Standard you can appeal against it if you choose to do so. Appeal against decision to dismiss: If you are dismissed you can appeal in writing within 10 days of receiving the written decision. 2. General Statement NHS Tayside is committed to ensuring your job and working environment do not cause or contribute to ill-health and to providing support for you if you are unable to come to work through ill-health. NHS Tayside provides extensive support services including an Occupational Health Service and generous sick leave provision if you are sick or have incapacity. In return you are expected to use these benefits only when you are genuinely ill. NHS Tayside has a Policy and separate Procedures document for managing sickness absence. High levels of sickness absence make it more difficult to provide healthcare services to the standard expected by the public and our employees. It also places a disproportionate burden on the employees who remain at work who have to make up for their absent colleagues. A high level of absence from work affects your ability to do your job to the standards required. It may indicate you have health problems, which need attention. Alternatively it may indicate that you have other work or home related problems. Whatever the reasons are, it is in the interests of you and NHS Tayside to identify the cause and find a solution. Where your level of sickness absence causes concern your manager must consider appropriate action, which could include formal action. Your manager will take a flexible and supportive approach and try to find the best solution in the circumstances. This does not mean that absences will be supported regardless of their number, duration or frequency. Your manager s role is to use their judgement and the discretion afforded them in the Policy and Procedures, to decide how long it is reasonable to support periods of absence in the expectation of a return to satisfactory attendance. In accordance with the Procedures your manager will use Formal Attendance Improvement Standards to address unsatisfactory attendance. Formal action is not automatic. Your individual circumstances will be taken into consideration and dismissal will only be considered as a final option. Policy Manager: David McFarlane/Jenny Alexander Page 13 of 62 Review Date: April 2020

14 3. Responsibilities You are expected to: Attend work for the hours you are contractually obliged to work unless you are too ill to do so. Take measures to minimise the risk of you being absent from work due to illness. Notify your manager if you are too ill to come into work, by a time locally agreed. Provide a self certificate or medical certificate for all appropriate periods of sickness absence as detailed within NHS Tayside Promoting Attendance at Work Procedures. Use NHS Tayside s support services if appropriate (e.g. Occupational Health, Physiotherapy, Counselling etc). Take an active part in return to work discussions. Keep in touch with your manager or another senior manager during any absence. Attend Occupational Health Service appointments. Engage constructively with your manager in discussions about the reasons for your absence and possible adjustments or support that will assist you to attend work. You have a right to expect: That your job and working environment do not cause or contribute to ill health. Your manager to support you from the first day of your absence from work to make the quickest recovery possible. This requires you and your manager to consider the potential benefits of temporary adjustments from the first day of your sick leave. Your manager to talk to you informally if your absence record is causing concern. Your manager to take decisions promptly or without unavoidable delay. To be given the opportunity to improve your attendance within a reasonable period of time. NHS Tayside to take all reasonable steps to support you if your health affects your ability to attend work and/or do your job. Your manager to fulfil their duty to make reasonable adjustments if you are disabled. Reasonable support in your rehabilitation back to work. Your manager will develop a Return for Work Plan with you with actions to help you return to work. To be accompanied to formal and informal meetings by a Trade Union representative or work colleague of your choice throughout the attendance Procedures. To be treated fairly and with dignity and respect at all times, in accordance with the Dignity at Work Policy. Confidentiality. Policy Manager: David McFarlane/Jenny Alexander Page 14 of 62 Review Date: April 2020

15 4. Taking Informal Action When you return from any sickness absence, you must have a Return to Work Discussion with your manager. Your manager will speak to you if they begin to have concerns about your sickness absence record. This should be done at the Return to Work Discussion or at a separate informal meeting. However when your attendance reaches an unsatisfactory level, the formal process can begin. 5. Reasonable Adjustments If you are disabled, your manager has a duty to consider making reasonable adjustments to enable you to attend work, carry out your role effectively and meet the usual attendance standard where possible. Any reasonable adjustments which are made to your job, working environment and working patterns will be kept under review. An adjustment would not be considered reasonable if it adversely affects either service delivery or a member of staffs colleagues. To support staff consideration should also be given to appropriate use of family friendly policies, Carer Leave, Special leave etc. 6. Occupational Health Occupational Health can help you and your manager to resolve a problem with your attendance, or prevent a problem developing. Your manager may ask you to consent to your case being referred for Occupational Health advice. If you are absent with a mental health condition (e.g. stress, depression) or musculoskeletal disorder (e.g. back pain), your manager may ask you to consent to an Occupational Health referral on the first day of your absence for advice on what can be done at work to help and support you. If you consent to your case being referred for Occupational Health advice, you may be invited to a consultation with a doctor or nurse; this consultation might be face-to-face or over the telephone. The Occupational Health may also contact your GP or specialist. If you do not consent, your manager will decide what to do about your absences without guidance from an independent Occupational Health practitioner. Usually a referral will be made if your manager: Needs to understand the impact of your health on your ability to attend work or carry out your job and advice on increasing your work capacity. Needs early advice where your absence is because of mental health condition or a musculoskeletal disorder. Needs to understand whether you have a disability or underlying health condition and how this might affect your attendance at work, such as how long or how often you are likely to be off work, in order to make decisions about the action that needs to be taken. Needs advice in order to consider suitable reasonable adjustments or a Return to Work Plan to help you to return to work and support you when you return. Is considering dismissal from work or Ill Health Retirement may be an option for you. More information on Ill Health Retirement can be obtained from the Scottish Public Pensions Agency. Your manager will arrange a case conference between them and an Occupational Health adviser once your continuous absence reaches 3 months. A representative from the Human Policy Manager: David McFarlane/Jenny Alexander Page 15 of 62 Review Date: April 2020

16 Resources and Organisational Development Directorate will also be involved. After the case conference your manager will discuss any new actions with you and up-date you re Return for Work Plan. 7. Taking Formal Action If your absence is unsatisfactory, your manager will use the Attendance Management Procedures to find a solution that will enable you to return to work or improve your attendance. This is the point at which your manager is required to consider your level of absence. The outcome of formal action is not pre-determined and interviews can result in one or more of the following outcomes: The provision of help e.g. reasonable adjustment, referral to physiotherapy, referral to the counselling and psychology service; The procurement of advice e.g. from the Occupational Health Service who provide advice/solutions on work place issues, office accommodation, furniture etc; The issuing of a Formal Attendance Improvement Standard; A decision not to issue a Formal Attendance Improvement Standard; A decision to increase the Formal Attendance Improvement Standard where the employee is disabled. If, however, your manager has evidence that your attendance is below the standard expected by the Department because of your conduct rather than your inability to attend work, they will consider disciplinary action instead. 8. Preparation for an Attendance Review Meeting Your manager will need to investigate the situation and gather information before the meeting. They will; Prepare for the meeting, ensuring that they can explain clearly to you the reasons for the meeting and the information available. Make and keep a written record about any formal meetings or discussions they have with you. You should prepare for the meeting by: Reviewing your attendance record. Reading the Attendance Management Policy and Procedures Documents. Obtaining information about the role of the Occupational Health Service in case your manager asks you to consent to an Occupational Health referral. Arranging for a Trade Union representative or work colleague to accompany you if you wish. 9. Short Term Sick Leave Attendance Process Your manager will invite you to a formal meeting to discuss your attendance when your absences have reached an unsatisfactory level. The table below summarises the action to be taken at each stage of the process: Policy Manager: David McFarlane/Jenny Alexander Page 16 of 62 Review Date: April 2020

17 Short Term Sickness Absence Formal Review Process Short Term Sickness Absence Further action Where your manager considers your sickness absence is of concern, they should meet formally with you to discuss the reasons for absence and highlight the nature of their concern. An outcome of this meeting may result in a formal Attendance Improvement Standard being set. The implications of a failure to achieve a reasonable level of attendance on your continuing employment should also be stated. Following the review period or any time during the review, if the agreed level of attendance has not been achieved; a further Attendance Improvement Standard may be set. You would then be cautioned that any further failure to improve may lead to consideration of termination of employment. Any action taken will be dependent on the circumstances of each case. Consideration for Dismissal You will be invited to a formal meeting where the manager with authority to dismiss will consider whether dismissal is appropriate in the circumstances. After the meeting a decision will be taken on whether to dismiss you. In circumstances where the decision not to dismiss you is taken your attendance will be monitored for a further period with any further unsatisfactory absence leading to possible dismissal. At each stage in the process your manager will invite you to a Short Term Sickness Absence Formal Review Meeting. You are expected to attend these meeting as scheduled, unless there are exceptional circumstances why you cannot. You must inform your manager of any such circumstances as soon as you become aware of them. Your manager may adjourn the meeting for a short amount of time to consider all the information provided, so that they can arrive at a considered view. You will also be able to adjourn the meeting if you need to consult with your Trade Union representative or colleague or if you become seriously upset. However, meetings should be conducted as efficiently as possible and any adjournments should not unreasonably prolong the meeting. 10. Long Term Sick Process You are required to keep in regular contact with your manager throughout your absence. If you are absent for a continuous period of time, your manager must follow the process shown in the following table; 14 day Informal Attendance Review Discussion If your absence reaches 14 continuous days and you are not due to return to work in the near future, your manager will arrange an informal attendance review discussion with you. This discussion is to discuss if you need any support or adjustments to return to work, keep you up to date with work issues, and find out how long you are likely to be absent. After the review you must agree regular contact arrangements with your manager and tell them immediately if there is any change in your medical condition. Policy Manager: David McFarlane/Jenny Alexander Page 17 of 62 Review Date: April 2020

18 28 day Formal Attendance Review Meeting Ongoing monthly Attendance Review Meetings Occupational Health Case Conferences Senior Management Involvement Dismissal When you have been absent for 28 continuous days, your manager will arrange a review meeting with you to discuss any support you need for your return to work. This will include you and your manager developing a Return to Work Plan. If you are unlikely to return to work within a reasonable time period, your employment with the NHS Tayside may end. If your circumstances mean a return to work is possible within a reasonable timescale, your manager will continue to review your circumstances. Your manager will send you a written record of the discussion. Review meetings should take place on a monthly basis except where this would clearly not be appropriate. Your manager will discuss with you any support you need to return to work which will include developing a Return to Work Plan or reviewing an existing plan. If at any time during the ongoing review your manager believes that your absence can no longer be supported by the Department, dismissal should be considered. When you have been absent for 3 months or earlier your manager will arrange a case conference with themselves and an Occupational Health Adviser to discuss how to manage your absence. A Human Resources representative is normally involved too. After the case conference your manager will discuss any new actions with you and update your Return to Work Plan. When you have been absent for 6 months your manager will engage a Senior Manager in your case. The purpose of the engagement is to ensure that you are being given the help and support you need to return to work and that your case is being proactively managed. Ultimately if there is no change in your circumstances, and your manager believes the Department can no longer support your absence your case will be referred to a Senior Manager with authority to dismiss who will decide whether you should be dismissed. The Senior Manager will arrange a meeting with you if dismissal is being considered. For continuous absence, your manager will meet you at work (preferably), in your home or at another suitable location. You will receive reasonable notice of an attendance review meeting and you are expected to attend the meeting as scheduled, unless there are exceptional circumstances why you cannot. You must inform your manager of any such circumstances as soon as you become aware of them. You manager may adjourn the meeting for a short amount of time to consider all the information provided, so that they can arrive at a considered view. You will also be able to adjourn the meeting if you need to consult with your Trade Union representative or colleague or if you become seriously upset. However, it is envisaged that meetings should be conducted as efficiently as possible and any adjournments should not unreasonably prolong the meeting. 11. Occupational Health Case Conferences At the case conference your manager will discuss your case with an Occupational Health adviser. A Human Resources representative is also normally involved. The case conference will involve a telephone consultation during which an Occupational Health advisor will advise your Policy Manager: David McFarlane/Jenny Alexander Page 18 of 62 Review Date: April 2020

19 manager on what further measures, if any, might be taken to resolve your long-term sickness. After the case conference your manager will discuss any new actions with you and update your Return to Work Plan. 12. Senior Manager Engagement Your manager must engage a more senior manager once your absence reaches 6 months. The purpose of this engagement is to ensure that you are being given the help and support you need to return to work and that your case is being proactively managed. The decision on whether your absence can continue to be supported remains with your manager. However, your manager will be asked to explain their reasoning where your absence is being supported over a long term period. 13. Appeal Against Decision to set an Attendance Improvement Standard You can appeal against the decision to set you an Attendance Improvement Standard by following the process laid out in PAAW Procedures. 14. Appeal Against Decision to Dismiss If you are dismissed you can appeal within 10 days of receiving the written decision. It will allow you to present the reasons for your appeal. You may want to seek support from a Trade Union representative or a work colleague. You should follow the process laid out in NHS Tayside PAAW Procedures. 15. Helpful contact numbers: HR and OD Directorate: The Occupational Health Service: Department of Spiritual Care: Policy Manager: David McFarlane/Jenny Alexander Page 19 of 62 Review Date: April 2020

20 Appendix B Human Resources and Organisational Development Promoting Attendance At Work Procedures These Procedures form an integral part of NHS Tayside Promoting Attendance at Work Policy August 2012 Procedures Established August 2012 Last Updated August 2014 Review Period/Expiry August 2016 These Procedures do / does not apply to Medical/Dental Staff (delete as appropriate) UNCONTROLLED WHEN PRINTED Policy Manager: David McFarlane/Jenny Alexander Page 20 of 62 Review Date: April 2020

21 Contents 1 Notification of Sickness Absence Notification 1.2 Certification 1.3 Reason for Absence 1.4 Sickness during Annual Leave and Public Holidays 1.5 Failure to follow Notification Requirements 1.6 Return to Work Discussion 2 Management of Short Term Sickness Absence Definition 2.2 Review of Sickness Records 2.3 Occupational Health Referral 2.4 Underlying Medical Condition 2.5 Reasonable Adjustments 2.6 Equality Act 2.7 Short Term Sickness Absence Formal Review Process 3 Management of Long Term Sickness Absence Definition 3.2 Informal Attendance Review Discussion 3.3 Formal Attendance Reviews 3.4 Formal Attendance Review Meetings for Absences between 28 days and 6 Months 3.5 Formal Attendance Review Meetings for Absences between 6 and 12 Months 3.6 Consideration for Dismissal 3.7 Long Term Sickness Absence Hearing Managers Preparation 4 Appeals Short Term Sickness Absence 4.2 Termination of Employment 5 Accidents / Incidents at Work 33 6 Pregnancy Related Absence 33 Appendix 1 Guidance on Norovirus 34 Appendix 2 Return To Work Discussion Paperwork 35 Appendix 3 Occupational Health Management Referral Form 39 (An electronic copy is available from Staffnet at the following location: Home Working For Us Attendance at Work Occupational Health Management Referral Form) Appendix 4 Termination of Contract 41 Appendix 5 Guidance on Setting Attendance Improvement Standard 43 Appendix 6 Return To Work Plan 44 Appendix 7 Flowchart Of The Format Of Hearing 46 Policy Manager: David McFarlane/Jenny Alexander Page 21 of 62 Review Date: April 2020

22 Section 1: Notification Of Sickness Absence 1.1 Notification In accordance with local arrangements, employees are required to notify their line manager or supervisor, as early as possible by telephone if they are sick. To assist with service continuity staff should, where possible, advise of the expected duration and reason for absence. If the manager / supervisor is unavailable at the time of the call they should ring back the member of staff at the earliest opportunity. It is very important that good communication between the member of staff and the employee is established from the beginning of the absence. This will ensure that any early support can be identified as soon as possible. If the absence continues beyond 14 days please see paragraph 3.2. Managers are encouraged to support staff from the first day of their absence from work to make the quickest recovery possible. This requires managers and staff to consider the potential benefits of Temporary Adjustments from the first day of sick leave. Many departments may apply specific reporting sick arrangements in order to meet their operational needs. Where this is the case, these will be clearly communicated, through the induction process, to staff by line managers. During extended periods of absence and taking into account the sensitivities involved, the employee will agree with the manager how regularly contact will be made by telephone or face to face. 1.2 Certification The rules governing submission of certification as detailed in this policy will apply across all areas of NHS Tayside. No other local arrangements for submission of certification will apply. For failure to comply with certification rules please refer to paragraph 1.5 below. Employees must supply sickness documentation in accordance with the following: For period of sickness between 1 3 calendar days - No certification is required but staff are responsible for keeping their manager informed, in accordance with local Procedures, of cause, see also 1.3 below, likely duration of their illness and intended date of return. For periods of sickness between 4-7 calendar days, includes weekends whether you are scheduled to work them or not, Employees must complete a Self Certification Form to cover them from days 4-7 inclusive. Where the employee returns to work within or immediately after the first week, this can be done on return to work. Otherwise, the form should be sent by post, in accordance with local arrangements, normally within 7 calendar days of the first day of absence. For periods of sickness lasting 8 or more calendar days - Medical certificate(s) (Fit Notes) from a GP/Medical Practitioner will be required to cover the period from day 8 to the date of return to work. The manager should receive the certificate within the first 8 days of absence and, in cases of prolonged absence; a new certificate should be received that is dated the day after the expiry of the old one. The Fit Note will advise the employer if the employee is unfit for work or alternatively if they may be fit for work subject to support. Where it is confirmed that an employee may be fit for work, managers may use their discretion to implement GP recommendations e.g. phased return to work amended duties etc. Occupational Health advice may be sought for more complex cases. Further information on the Statement of Fitness for Work Fit Note is available on line at: Reasons for Absence Employees must inform their manager when they are unable to attend work. There will be some exceptional instances however, where they feel unable to tell their manager the reason(s) for absence when circumstances are personal/sensitive. In this case, another Policy Manager: David McFarlane/Jenny Alexander Page 22 of 62 Review Date: April 2020

23 manager, a Human Resources representative or staff side representative may be contacted to discuss the most appropriate means of reporting the absence. The manager should consider a referral to Occupational Health from the first day of absence if the absence is due to a mental health condition (e.g. stress, anxiety, depression) or musculoskeletal disorder Infection Control Vomiting and Diarrhoea If any member of staff has been absent from work due to vomiting and /or diarrhoea it is important they do not attend work until they have been symptom free for 48 hours. On return to work staff will be required to confirm with their manager that they have complied with this rule. Further guidance can be found at Appendix 1 of this policy. 1.4 Sickness during Annual Leave and Public Holidays Employees who become unfit for work during a period of annual leave must notify their manager on the first day of sickness absence (or as soon as possible) and in accordance with local Procedures and not wait until their return to work. A self-certificate should then be provided for days 4-7 and a medical certificate signed by a medical practitioner must be provided to cover day 8 onwards. If these conditions are complied with, the annual leave will be converted into sick leave and the annual leave credited back to the individual. Failure to comply will result in annual leave loss. Employees will not be entitled to an additional day off if sick on a Public Holiday. 1.5 Failure to follow Notification Requirements It is the responsibility to comply with the local sickness notification rules. Failure to comply may result in the absence being deemed unauthorised *, resulting in the withholding or delay of contractual and/or statutory sick pay and/or disciplinary action. If sickness certificates are submitted late, without good reason, pay will be reinstated only from the date the certificate is received. Staff have the right to appeal against a decision to withhold pay under the Grievance Policy. *Unauthorised absences as outlined in the PIN Guideline include absences not supported by medical evidence, has not previously been reported, has not been authorised by the appropriate level of management or has not been communicated to the employer using the correct procedure. Please contact the HR & OD Directorate for advice on dealing with staff absent on unauthorised leave. Failure to make contact in time may lead to action under the Management of Employee Conduct Policy. 1.6 Return to Work Discussion The return to work discussion is a crucial part of absence management. The starting point is simply to find out what is causing absence. When this is established it should enable the manager to address the absence appropriately. It also communicates to the employee the importance that the organisation attaches to attendance. The documentation to be completed for all Return to Work Discussions is attached at Appendix 2. The return to work discussion should not however be used as a part of the formal review process, and any meeting called to undertake a formal discussion on attendance under the terms of this policy, should be done separately. Managers should aim to see every returning absentee on their first day of return, if this is not possible it must be at the earliest opportunity. Managers should prepare their facts before seeing the employee and the discussion should take place in private where there is a relaxed atmosphere e.g. manager s office, and where there will be no interruptions. They should allow the employee to raise any issues they may have about their absence and get help from the organisation. This may include training, compassionate leave, temporary change of hours etc. Policy Manager: David McFarlane/Jenny Alexander Page 23 of 62 Review Date: April 2020

24 If the reason for absence is work related or may impact on the employee s fitness to carry out their duties the manager will refer the employee to Occupational Health and discuss with a representative from the HR & OD Directorate. This will ensure staff are fully supported and managers are provided with appropriate Occupational Health guidance. Where cases of absence have involved drug, alcohol or substance misuse, these should be dealt with under the appropriate Policy. Where a manager considers there are frequent periods of short term absence which are a concern and impacting on service delivery the manager should advise the member of staff that high levels of absence cannot be sustained. If a pattern of absence is causing concern this should be highlighted and recorded during the return to work discussion and the member of staff advised further absence could result in formal action being taken. In certain circumstances the employee may feel the need to be accompanied by a staff colleague, representative or another member of staff. Likewise, the manager may require to be supported from a member of the HR & OD Directorate. There are four phases to the return to work discussion and these are:- Welcome the employee should be given a warm welcome. Absence the reason for absence should be discussed and Occupational Health referral letters and the individual s absence records openly shared with the employee. Responsibility the manager and employee should agree the course of action to be taken. (see also Section 2 below). Finalise discussion and close meeting. It is important that the return to work discussion feeds accurate information on the reason for absence into the absence monitoring system in order for the organisation to identify problem areas and compare absence levels. Section 2: Management of Short Term Sickness Absence 2.1 Definition Frequent absences either certificated or uncertificated, which occur over a period of time, which may or may not be related. 2.2 Review of Sickness Records Managers should review individual sickness records at regular intervals and take action as required by the individual circumstances of the case. However, as a general guide, attention should be given to: - a) the frequency of the absence for example, short term unrelated absences b) the duration of the absence c) the pattern of absence for example, related to certain days or shift patterns d) the reason given for absence The manager will then consider all the information available on these absences and would decide whether or not to speak with the member of staff. 2.3 Occupational Health Referral Prior to entering the formal stages of the procedure, the employee may be referred to Occupational Health. The purpose of this is to establish whether or not the employee has an underlying medical cause for their absence and/or whether or not they are fit for Policy Manager: David McFarlane/Jenny Alexander Page 24 of 62 Review Date: April 2020

25 duties. The Management Referral Form should be completed for all management referrals (Appendix 3). It may be appropriate to re-refer the employee to Occupational Health for further advice at any stage in the process. 2.4 Underlying Medical Condition Where an employee s sickness is caused by an underlying medical complaint, their case will be treated particularly sensitively the following will be considered before deciding any course of action: In the case of short-term sickness absence managers should use their discretion when they refer someone to the formal stage of this procedure. This may be the case in circumstances where an individual is receiving a course of treatment or is recovering from illness that will result in short term absence for a defined period of time but will result in their return to full fitness. The impact of the absence on the service; Whether the medical condition is such that adjustments to their current role or hours of work etc or redeployment to another area of work would eliminate the need for the employee to take time off. If this is the case please see paragraph 2.5 However, if (c) above is not appropriate, and there is no clear evidence that the sickness level is likely to improve in the near future, the formal steps detailed at Section 2.7 will be followed. 2.5 Reasonable Adjustments If the employee is temporarily unfit to return to the full range of their current duties but would be able to work in their current post with reasonable adjustments to their role/ duties the manager should discuss this with the member of staff as a priority. If this is not possible the manager should consider if the employee could be temporarily redeployed to another role along with application of family friendly policies and flexible working within the confines of providing effective service delivery. Where appropriate, Occupational Health advice should be requested. If Occupational Health advise the employee is permanently unfit to return to their present post, but could be able to be redeployed to an alternative post that can accommodate their health problem, the manager, will meet formally with the employee to discuss the Occupational Health advice and explore the possibility of alternative employment. A member of the HR & OD Directorate will also be present to discuss the employee s skill and experience with them. 2.6 Equality Act 2010 The Equality Act outlaws discrimination against people with different protected characteristics including disability. The Act protects employees who are disabled from unfavourable treatment or who are at a substantial disadvantage because of a provision, criterion, practice, any physical feature of work premises or the absence of an auxiliary aid, compared with employees who are non-disabled. The Act says that a person has a disability if they have a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities. Physical or mental impairment includes sensory impairments such as those affecting sight or hearing. Policy Manager: David McFarlane/Jenny Alexander Page 25 of 62 Review Date: April 2020

26 Long term means that the impairment has lasted or is likely to last for at least 12 months or for the rest of the affected person s life. In these circumstances NHS Tayside has a duty of care to provide reasonable adjustments to the employee s working conditions in order to reduce the disadvantage the employee would otherwise experience. To avoid unfavorable treatment the manager should: Talk to the employee about the effects of their condition and seek to understand and determine objectively what his or her abilities are. Seek medical advice regarding the employee s abilities and what, if any, adjustments can be made. Consider what steps can be taken to accommodate the disabled employee s needs and facilitate satisfactory attendance and job performance. Adopt an open minded, objective and supportive approach Reasonable Adjustments (Disability related) The manager and the employee must work together to help support the employee to continue with employment and stay at work, this will include consideration of any reasonable adjustments that could be put in place that would assist the employee. Taking into consideration the individual circumstances of the case a reasonable adjustment will be to accept a higher level of disability related sickness absence. This would apply where, but for this flexibility, the employee would not be able to meet a normal acceptable attendance level and would effectively be prevented from working for the department. Managers should seek guidance from the Human Resources and Organisational Development Directorate and or Diversity and Inclusion Manager to ensure all possible options are considered with the involvement of the member of staff at all stages. The manager should be supportive to the possibilities of putting in place reasonable adjustments and discuss these with the employee seeking their views and giving full and fair consideration to all possibilities. Consideration, patience and support should be shown to the employee to help them cope with the working environment and their changing circumstances Redeployment It is essential that alternative opportunities including redeployment for disabled staff should be sought not only from the employee s current department but also from across the organisation. Only when all possibilities to support and retain the employee in employment have been exhausted should consideration be given to termination of employment Considering Taking Formal Action To ensure fairness and to remove any disadvantage that a disabled employee or anyone with a protected characteristic may face, managers should assess each case on the evidence and circumstances and accordingly allow a reasonable amount of additional sickness absence for the disabled employee. Deciding what is a reasonable level of disability related absence that can be supported is not an exact science. However it is important disabled employees are clear about the Attendance Improvement Standard they are expected to meet. Policy Manager: David McFarlane/Jenny Alexander Page 26 of 62 Review Date: April 2020

27 Sickness absence related to disability will not, on its own, generate a formal review of an employee s sickness absence. Prior to considering formal action the manager should consider: Have all reasonable adjustments been put into place to support the employee to attend work? It would be unreasonable to take formal action unless reasonable adjustments had been put in place that would assist the employee. If any adjustments that would assist the employee are not put in place the reasons for this should be recorded and placed on file e.g. prohibitive cost, impact on the delivery of service, disruptive impact on colleagues etc. Has there been a change to the employee s disability, such as treatment or prognosis? Managers should consider carefully if it would be more appropriate to delay setting an improvement Standard if treatment or prognosis has changed. To determine this up to date advice from Occupational Health may be required. Is the employee s condition stable or likely to be stabilised following treatment? If it is likely an employees condition will stabilise following treatment the manager should consider delaying setting an Attendance Improvement Standard. Are absences in excess of what Occupational Health considers reasonable for the condition taking into consideration the nature of the disability, the employee s record, treatment history e.t.c? What is reasonable: The manager will have to take a view on what level of absence can be supported by the department taking into consideration the impact the absence has on the provision of services, the cost and disruptive effect on colleagues. Prior to considering formal action including dismissal it will be essential to demonstrate there were no further adjustments that could reasonably be made, or that any possible adjustments would not have helped the employee. 2.7 Short Term Sickness Absence Formal Review Process Where an employee's level of attendance is deemed unsustainable in relation to the continuing provision of service, the manager should meet formally with the employee to discuss the reasons for absence and highlight the nature of their concern, including, for example, detailing actual levels of attendance, frequency of non-attendance, any identifiable patterns of non-attendance, and so on. A member of the HR & OD Directorate may be requested to attend in an advisory capacity (if available). Requirements for improvement in attendance should be agreed, and a period of review and an Attendance Improvement Standard set. The implications of a failure to achieve a reasonable level of attendance on their continuing employment should also be stated. This will normally be confirmed in writing to the employee within 10 working days. Guidance on setting Attendance Improvement Standards can be found at Appendix 5. Following the period of review, should the agreed level of attendance be achieved, this will be confirmed to the employee, and revised review arrangements agreed where deemed appropriate. Again, this will be confirmed in writing to the employee together with confirmation of the continuing need to maintain the improved level of attendance. Where, following review or at any time during the review, it is held that the agreed level of attendance has not been achieved; a further formal period of review may be set. The employee shall be cautioned that any further failure to improve may lead to consideration of termination of employment, dependent upon the circumstances of the case. The process for consideration of termination of employment in these circumstances is detailed in Appendix 4 (1.3). Policy Manager: David McFarlane/Jenny Alexander Page 27 of 62 Review Date: April 2020

28 At all stages of the formal review process, where there are circumstances which may impact upon the employee's ability to achieve a reasonable level of attendance, it is the employee's responsibility to ensure these are highlighted and discussed with their line manager. Where an employee fails to agree the identified requirement for improved attendance, the manager should state the improvement in attendance required and the period of review set. This should subsequently be confirmed in writing to the employee. Where the employee remains unhappy in relation to this position he/she retains the right of appeal in line with the terms of Section 4.1 of this policy. Please see Appendix 5 for further guidance on setting an Attendance Improvement Standard Rights of employee to representation It is the right of all employees to be represented by a lay or full-time official of a NHS Tayside recognised trade union or professional organisation or accompanied by a colleague or accompanied by someone not acting in a legal capacity. Employees shall be reminded of their rights prior to the formal hearing. Policy Manager: David McFarlane/Jenny Alexander Page 28 of 62 Review Date: April 2020

29 Section 3: Management of Long Term Sickness Absence Process 3.1 Definition Long-term sickness absence is defined as any absence of 28 calendar days or longer. The purpose of the long-term sickness absence procedure is to give the employee the help they need to get back to work as soon as possible and within a reasonable length of time. This will involve preparing a structured Return to Work Plan (see Appendix 6) setting clear goals and actions to facilitate a return to work at the earliest opportunity. There is a difference in the procedure for dealing with long-term absence from shortterm absence. It is not appropriate to set an Attendance Improvement Standard when staff are on long-term sick leave because they are not at work to serve it. If the employee is successfully rehabilitated back to work following long-term sick leave and there are no concerns regarding their previous attendance record no formal action would be necessary unless further absences occur. Only where a manager has concerns about previous levels or patterns of sickness absence should consideration be given to addressing the employee s record of absence formally, please see Section 2.7 Short Term Sickness Absence Formal Review process. Please see Section 2, paragraph 2.5 and for guidance on reasonable adjustments. If an employee returns to work from long-term absence and is subsequently absent for the same reason again within a short period of time, the manager should consider if the 2 absences are linked for monitoring purposes. 3.2 Informal Attendance Review Discussion If the employee has been absent for 14 consecutive days the manager will contact the employee to find out if they are likely to return to work in the near future. If a return to work can not be identified a meeting should be arranged preferably at their place of work, if this is not possible it can take place at their home or other suitable location. This discussion is intended to support the employee and determine if anything can be done to help. If it s not appropriate or possible to meet for whatever reason the manager should record this. It is more difficult for employees to return to work following long-term sick leave if there has been no face-to-face contact or a visit to their place of work. The manager should consider a referral to Occupational Health from the first day of absence if the absence is due to a mental health condition (e.g. stress, anxiety, depression) or musculoskeletal disorder. During the Meeting The manager must: Explain the purpose of the meeting is to keep in touch and determine if any support or help is required. Discuss if the employee needs any support or adjustments to return to work. Consider if any existing adjustments that are in place are sufficient to support the employee and if any more can be done. Discuss whether a referral to Occupational Health for advice would be beneficial and remind the employee of the support services available from Occupational Health. Advise the employee of the long-term absence review meetings and provide them with a copy of this part of the procedure. Agree the arrangements for monthly Attendance Review Meetings. Policy Manager: David McFarlane/Jenny Alexander Page 29 of 62 Review Date: April 2020

30 Advise the employee they must let their manager know immediately if there is any change to their medical condition. 3.3 Formal Attendance Reviews 28 Days Absence. If the employee is absent for 28 calendar days or longer the manager must carry out monthly formal review meetings, except where the manager and the employee agree because of medical treatment or hospital admission the employee is not able to take part. When the member of staff has been absent for 28 days or longer the manager must work with the employee, Occupational Health and Human Resources representative as appropriate to develop a Return To Work Plan (Appendix 6), which will identify steps and actions, to facilitate a speedy return to work. With the employees consent the manager will obtain advice from Occupational Health on the effect of the employee s condition on their ability to carry out their job and the tasks they can do, or might do with help. Advice should be sought on their prognosis and any support or adjustments that may facilitate a return to work. An Occupational Health case management conference may be helpful at an early stage in deciding how an absence should be managed. 3 Months Absence. Once an absence has reached 3 months (or earlier if required) the manager must arrange a case management conference with Occupational Health. A Human Resources representative is also normally involved. The case conference will involve a telephone consultation with an Occupational Health Adviser who will advise the manager on what further measures, if any, might be taken to resolve the long-term absence. After the case conference the manager will discuss any new actions with the member of staff and update the Return to Work Plan. The purpose of this is to consider what more can be done to help the employee return to work within a reasonable timescale and where a return is unforeseeable decide how to bring the case to a conclusion. Managers can request a telephone case conference my ing Occupational Health on Tay-UHB.occhealth@nhs.net with details of the name, address and date of birth of the employee. 3.4 Formal Attendance Review Meetings for Absences between 28 days and 6 Months In preparation for review meetings the manager must: Write to the employee inviting them to a review meeting. The manager should be aware of their duty of care towards someone who works for them. If they know an employee is particularly vulnerable the wording of the letter should be adjusted accordingly. The manager should be particularly sensitive in their approach where an employee is suffering from a serious or life threatening illness. Read the guidance on developing a Return to Work Plan and supporting employees back to work following sickness absence (Appendix 6) At the review meeting the manager must: Discuss the employee s progress and explore if the employee, with some help, might be capable of returning to work. Consider what reasonable adjustments, temporary or permanent redeployment that may be appropriate. Consider any Occupational Health advice available. Discuss with the employee the development of a Return to Work Plan setting clear goals and actions to help the employee return to work. Discuss what steps the employee it taking to help themselves. Review previous sickness absence. Policy Manager: David McFarlane/Jenny Alexander Page 30 of 62 Review Date: April 2020

31 Assess the possible impact of the absence on the employee s continued employment. Following the meeting the manager must: Send the employee a written record of the meeting detailing what progress is being made on a return to work and what the next steps in the process are. Refer the employee to Occupational Health for advice about suitable adjustments and advice on a Return to Work Plan to support the employee back to work. Create or update the Return to Work Plan. Arrange a case management conference with Occupational Health and a Human Resources Adviser if the employee has been absent for 3 months (or earlier if appropriate). At subsequent meetings consider the progress that has been made by reference to previous correspondence. 3.5 Formal Attendance Review Meetings for Absences between 6 and 12 months During this period the manager must continue regular contact with the employee as described above. The manager should: Ask the employee if there are any adjustments or redeployment that could support a return to work and seek Occupational Health advice on the same. Review the employee s progress against any Return to Work Plan and other correspondence. Ask the employee if in their opinion a return to work is foreseeable in the near future. Consider if the absence can continue to be supported if it becomes evident that a return to work is unlikely within a reasonable period of time. Advise the employee if the Department is not able to support their continuing absence they may face dismissal. This discussion must be documented. Explore the option of ill-health retiral Senior Manager Review When an absence has reached 6 months and there is no return to work date a Senior Manager must review the case. This is to ensure the employee is being offered the help and support they need to return to work and their case is being managed proactively. This is not intended to be a formal or lengthy process. The employee s manager should make initial contact with the relevant senior manager. Depending on the senior manager s preference, this should be followed by a short summary of the case or a short (around 15 minute) telephone call which would enable the senior manager to ensure that: 1. There is contact between the employee and manager on at least a monthly basis. 2. A Return to Work Plan has been considered and developed with the employee and has been reviewed regularly with actions to help the employee return to work. 3. The employee has access to, and is being encouraged to use, the support services provided by Occupational Health e.g. physiotherapy and counselling, where these are appropriate. 4. Up to date Occupational Health advice has been received about the prognosis, the likely timing of a return to work and any adjustments or support which might facilitate a return. Policy Manager: David McFarlane/Jenny Alexander Page 31 of 62 Review Date: April 2020

32 5. An Occupational Health case conference has been carried out at 3 months and the employee s Return to Work Plan updated as appropriate. 6. The manager has considered and implemented all reasonable workplace adjustments to facilitate a return to work. 7. When considering the prospect of continued absence the manager has taken into consideration medical advice which indicates a realistic prospect of a return to work within a reasonable timescale. 8. Review of continued employment and ill health retirement is considered on an on-going basis in appropriate cases. It will be the manager s responsibility to take forward any actions identified arising from discussion with the senior manager. 3.6 Consideration for Dismissal Dismissal should be considered when the employee is unlikely to return to satisfactory attendance within a reasonable period of time and the Promoting Attendance at Work Procedures have been followed. The manager should consider: Is up-to-date Occupational Health advice available? If the employee refuses consent they should be advised a decision on their future employment will be made without the benefit of Occupational Health advice. The impact the absence is having on service delivery and colleagues. Status of occupational sick pay. Discussing the case with a representative from the HR & OD Directorate to ensure fairness and consistency. Given the circumstances of the case consider if the absence can continue to be supported That ill-health Retirement has been considered if appropriate. If dismissal is to be considered the process detailed in Appendix 4, paragraph 1.1 and 1.2 should be followed. The manager may decide not to refer the case to an appropriate manager with authority to dismiss if: The employee is on long-term absence and a return to work within a reasonable timescales is likely. The absence has been uncharacteristic of the employees overall absence record. 3.7 Long Term Sickness Absence Hearing Managers Preparation If the case is to be referred to a manager with authority to dismiss a Long Term Sickness Absence Hearing must be arranged in preparation for this the manager must: Ensure PAAW Procedures have been followed. Record the final discussion with the employee and all actions taken to date. Send a copy to the employee. Ensure there is Occupational Health advice that covers the outlook for a return to work within a reasonable timescale and if anything further could be done to facilitate this. Send the senior manager the following: Policy Manager: David McFarlane/Jenny Alexander Page 32 of 62 Review Date: April 2020

33 Sick records for the last 3 years, longer if the circumstances require. Records of attendance discussions that have taken place with the employee. Records of discussions with and, advice provided by, a representative from the Human Resources and Organisational Development Directorate. Job Description. Occupational Health reports. Information on any reasonable adjustments considered and made, or if not made the reasons why the manager did not make them. Any Stress Risk Assessments made. A copy of Return to Work Plans. Copies of letters sent to the employee to demonstrate the procedure has been followed correctly. Section 4: Appeals 4.1 Short Term Sickness Absence An employee can appeal against an Attendance Improvement Standard issued to them by a manager under Section 2, paragraph 2.7 of this Policy. To do so they should write to the appropriate Head for Human Resources and Organisational Development Directorate outlining their case within 10 working days of the date of receipt of notification of the action, asking for the matter to be referred to a panel comprising a Line Manager and Human Resources representative, neither of whom will have had any involvement with the case. The line manager should be at a level equal or senior to the level at which the decision, giving rise to the grievance was taken, and be from another directorate or equivalent service area with NHS Tayside. The panel must meet with the employee and their representative, if appropriate, and the manager to establish the facts. Their decision on the matter, which will be communicated to all parties within 10 days of the notification, will be binding with no further right of appeal. 4.2 Termination of Employment Appeal against termination of employment will be heard in accordance with the process set out in the Management of Employee Conduct Policy. Section 5: Accidents/Incidents at Work All injuries, however, minor, occurring whilst the employee is on duty must be reported to their manager at the time or at the earliest possible opportunity thereafter (normally no later than the end of that working day) and an incident report form completed. Episodes of ill health that may be work related should also be reported. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) specific types of incidents must be reported to the Health and Safety Executive, for example, incidents which result in the member of staff being unable to undertake their normal duties for three days after the day of the incident. Advice and Guidance is available in the local incident reporting Procedures. If there is some dispute over whether an alleged incident caused a particular period of sickness, the manager responsible should formally investigate the situation, including collecting statements from any witnesses, and formally record their findings. If the absence resulting from the incident is established as work related and the employee has not contributed to it by their misconduct or gross negligence it will not be referred to if the employee s sickness absence comes under scrutiny. If an employee has frequent accidents at work the relevant manager should investigate this as there may be an underlying health or capability issue. Section 6: Pregnancy Related Absence Any pregnancy related absence will not be referred to if the employee s sickness absence comes under scrutiny. The normal sickness absence review meetings should still take place. Policy Manager: David McFarlane/Jenny Alexander Page 33 of 62 Review Date: April 2020

34 GUIDANCE ON NOROVIRUS Infection Control - Norovirus (Winter Vomiting) Appendix 1 This leaflet provides information for staff on Norovirus (winter vomiting), including what symptoms of the virus are, what to do if you get it and what you can do to help stop it spreading What are Noroviruses? Noroviruses are a group of viruses that are the most common cause of gastroenteritis (stomach bugs). In the past, Noroviruses have also been called winter vomiting viruses, small round structured viruses, stomach flu, gastroenteritis or Norwalk-like viruses. How does it spread? The virus is easily transmitted from one person to another. It can be transmitted by contact with an infected person, by consuming contaminated food or water or by contact with contaminated surfaces or objects. What are the symptoms? The symptoms of Norovirus infection will begin around 12 to 48 hours after becoming infected. The illness has a time period of about 12 to 60 hours. It often starts with the sudden onset of nausea followed by projectile vomiting, and watery diarrhoea. Some people may also have a raised temperature, headaches and aching limbs. Most people make a full recovery within one to two days, however some people (usually the very young or elderly) may become very dehydrated and require hospital treatment. How can I help myself to get better if I get Norovirus? If you get Norovirus, or sickness and diarrhoea, drink plenty of fluids to keep yourself hydrated. Dehydration is the main complication of sickness bugs and taking regular sips of water will help stop dehydration. You should also rest and, if you feel hungry, eat plain foods like dry toast or crackers. Do not return to work until you are symptomfree for at least 48 hours. By staying at home you also restrict the spread of the virus, meaning other people are less likely to catch it. Good hygiene is important in preventing others from becoming infected this includes thorough hand washing with soap and water before and after contact. A bleach-based cleaner is recommended for the lavatory and hard surfaces. Food preparation should also be avoided until two days after symptoms have gone altogether. Who is at risk of getting Norovirus? Norovirus affects people of all ages. Anywhere that large numbers of people congregate for periods of several days provide an ideal environment for the spread of the disease. Norovirus can affect all staff, patients and visitors and this can be very disruptive for the running of the hospital, as well as very uncomfortable for those suffering from it. How is Norovirus treated? There is no specific treatment for Norovirus apart from letting the illness run its course. It is important to drink plenty of fluids to prevent dehydration. Notification and recording absence Staff should report their sickness absence in the normal way. During the period when symptoms of the infection are still being experienced this will be recorded as sick leave. The period 48 hours following the end of symptoms will be recorded as special leave and not sick leave. Policy Manager: David McFarlane/Jenny Alexander Page 34 Review Date: April 2021

35 Appendix 2 Managers Guide to Return to Work Discussion (Including form) Policy Manager: David McFarlane/Jenny Alexander Page 35 of 62 Review Date: April 2020

36 Introduction Everyone in the workforce at all levels feels the impact of their colleague s non-attendance at work. It is important that you understand your responsibilities and what you must do to ensure that attendance is effectively managed. This guide is designed to help you deal with attendance and should be read in conjunction with NHS Tayside s Promoting Attendance at Work Policy and Promoting Attendance at Work Procedures. Review of Absence Record Managers should review individual absence records at regular intervals and take action as required by the individual circumstances of the case. i) the frequency of the absence, e.g. short term unrelated absences ii) the duration of the absence iii) the pattern of absence, e.g. related to certain days or shifts iv) the reason given for the absence Return to Work Instructions Completion of Return to Work Discussion Form 1. The return to work discussion should be undertaken by the manager or Manager of the employee. 2. Return to work discussion should be completed, on a one to one basis, on their first day back at work. If the discussion is impractical on the first day back at work the employee should be telephoned by the manager/manager to arrange a suitable alternative. 3. The manager should ensure that the discussion is conducted in an appropriate manner taking into consideration: - location (a quiet location with no other persons present) - the telephone switched off, including mobiles - adequate time has been allowed for the discussion - no interruptions will occur - the employee is comfortable with the arrangements 4. A record of the discussion, agreed with the employee, should be recorded on the Record of Return to Work Discussion. 5. If the employee requires further support, or a pattern of absence continues to cause concern the manager/manager should note this in section E. Any further support/action involving Human Resources and/or Occupational Health should be advised to the employee. 6. A copy of the completed and signed form should be given to the employee at the end of the discussion. 7. The original form should be placed in the employee s personal file. Record of Return to Work Discussion Form 1. In every case all of section A must be completed. (Details of the employee and their absence). 2. Section B should be completed if known. (Details of the reporting of the absence). 3. Section C should be completed in all cases. 4. Section D should be completed; recording any thoughts/comments from the employee they have on their absence and/or the return to work discussion. 5. Section E should be completed by the manager recording their thoughts/comments on the absence and the return to work discussion. 6. Any further support/action involving Human Resources and/or Occupational Health should be advised to the employee. 7. Section F should be signed by the employee and the manager when the form is complete and the discussion is concluded. 8. Copies of the completed form should be distributed to: - a copy to the employee - a copy (the original) into the employee s staff file Policy Manager: David McFarlane/Jenny Alexander Page 36 of 62 Review Date: April 2020

37 Flow Chart Prior to employee s return to work Manager should assess the absence in line for Resources 4.3 of the policy (Review of absence above) v) the frequency of the absence, e.g. short term unrelated absences vi) the duration of the absence vii) the pattern of absence, e.g. related to certain days or shifts viii) the reason given for the absence Day 1, on return Employee returns to work Manager arranges discussion with employee (reference guidance notes) No Further Action Required Complete form, copy to Employee Employee s (staff file) If a pattern of absence continues to cause concern Advise employee accordingly Complete form, copy to employee and employee s staff file Involve Human Resources and/or Occupational Health as required Take appropriate action as per Promoting Attendance At Work Policy Policy Manager: David McFarlane/Jenny Alexander Page 37 of 62 Review Date: April 2020

38 CONFIDENTIAL Record of Return to Work Discussion NHS Tayside Section A Employee Details and Details of Absence Period Name: Pay Number: T Job Title: Location: First day of sickness absence: Department: Last day of sickness absence: Reason for Absence: (Fully insert the reason for absence) Section B How was notification of absence reported: Manager/Manager advised: Method of Notification: Section C Ensure these areas are/have been talked about: Is the employee fit to return to work? Explain the aims of the discussion to the employee. Ask the employee if they have understood the explanation. Have they understood? Yes/No Section D Employees comments on return to work discussion: Section E Completed by Manager/Manager If the employee requires further support, or a pattern of absence continues to cause concern the manager/manager should note this in section E. Further action should be taken as appropriate, involving Human Resources and/or Occupational Health. The employee should be advised of this. Section F Signatures of Employee and Manager/Manager We have read the above and accept the comments made as accurate. Signature of Employee Date: Signature of Manager/Manager Date: Any part of the above not used, should be short ruled (i.e. draw a line through it). Copies of this form, after completion and signature of both employee and manger to Employee / Employee s file. Policy Manager: David McFarlane/Jenny Alexander Page 38 of 62 Review Date: April 2020

39 MANAGEMENT REFERRAL FORM Appendix 3 Occupational Health Wedderburn House 1 Edward Street DUNDEE DD1 5NS Tel: Fax: Please this form to: Tay-UHB.occhealth@nhs.net APPOINTMENT DETAILS (to be completed by OH staff) Appointment with: Date: Time: EMPLOYEE DETAILS Title: Surname: Maiden Name: Forename(s) Date of Birth Telephone Number: Home Address: address: Mobile Telephone Number: EMPLOYMENT DETAILS Job Title: Weekly Hours: Place of Work: Office Hours / Early Shift / Late Shift / 3-Shift / 2-Shift 12 hour / Night Shift (please highlight appropriate shift) RISK FACTORS ASSOCIATED WITH POST (Please tick appropriate box/boxes) moving and handling of patients control & restraint of patients other moving and handling psychological stress including violence/trauma frequent hand-washing use of latex gloves exposure prone procedures (for clinical staff only) immunocompromised patients clinical waste unit vulnerable patients-children/emotionally disturbed maternity or pediatrics shift work/night work/on call duties lone working food handling driving e.g. car/van/lgv/pcv/transport of patients noise other hazards please specify. vibrating tools outside work or deep freeze hot temperatures e.g. boiler house climbing - step-ladders/ladders/roofs ionising radiation lasers pesticides glutaraldehyde hazardous micro-organism-lab staff, Infectious Disease genetically manipulated organisms animal house inhalation exposure to hazardous substances (e.g. dust, fume, mist, gas, vapour) - specify.. skin exposure to hazardous substances (e.g. solvents) specify.... Policy Manager: David McFarlane/Jenny Alexander Page 39 of 62 Review Date: April 2020

40 HISTORY Date commenced NHS current post: Certified cause / reason of most recent absence: Record of attendance attached: REASON FOR REFERRAL (cont. on separate sheet if necessary) Please detail the specific questions you wish OH to respond to. Has the reason for referral been explained to the employee YES NO (please tick appropriate box) NAME... DESIGNATION EXT. NO:... DEPT/ADDRESS:... SIGNATURE:... DATE:... HR REP NAME:... Policy Manager: David McFarlane/Jenny Alexander Page 40 of 62 Review Date: April 2020

41 Termination of Contract Appendix Long Term Sickness Absence Where the employee will be unable to sustain attendance for the foreseeable future it may be necessary to terminate their contract of employment. The legal term for this dismissal is Capability. Before such a step is taken the following must be considered a) The length of time the employee may be absent and the likelihood of a complete recovery at the end of that time. b) The remaining paid sick leave entitlement of the employee. c) The feasibility and cost of cover arrangements during this period. d) The effect of the absence on the service. e) The Equality Act 2010 f) Occupational Health or other medical advice It is not necessary for sick pay to expire before termination can be considered. Where it is clear that the employee is not going to be fit within a timescale that can be accommodated, the manager can take action to terminate the contract. In addition, in circumstances where an individual s sick pay has expired but the medical opinion given states that they are likely to be fit to return to work in the very near future, consideration will be given to holding their post open until they return, subject to considering (a), (c) and (d) above. Normally, the appropriate Director/Senior Manager with authority to dismiss would meet formally with the employee, with a member of the HR & OD Directorate present. The employee will be given reasonable notice of the meeting and will be informed of their right to bring a representative. The Occupational Health Report and any other relevant documentation will be provided to the employee in advance of the meeting. The employee must be given every opportunity to put their case and provide any additional medical evidence that they wish to be considered. Dismissal will be with notice (or pay in lieu of notice) and the employee will be encouraged to reapply for posts should they become fit in the future. The procedure for conducting the above meeting is attached at Appendix Ill-Health Retirement When considering termination of employment, Ill-health retirement is open to all employees but to be awarded a pension you must have at least two years membership of the superannuation scheme and be too ill to work in your present job until your Normal Retirement Age. Employees must be aware that approval for an ill-health pension is at the discretion of the Scottish Public Pensions Agency based on evidence from the employee s General Practitioner/Occupational Health physician. Ill-health retirement takes several months to process, so the application should be made at the earliest opportunity to ensure continuity of the employee s sick pay / pension. The manager will arrange to meet with the employee, their representative and a member of the HR & OD Directorate, to discuss the Occupational Health recommendation and discuss with the employee an application for early retirement on the grounds of ill-health. Full information is available from the Scottish Public Pensions Agency, Superannuation Scheme (Scotland). The termination date will normally be agreed at this meeting. Policy Manager: David McFarlane/Jenny Alexander Page 41 of 62 Review Date: April 2020

42 1.3 Short Term Sickness Absence Where the employee s level or pattern of absence remains of concern, consideration will be given to terminating their contract of employment. The legal term for this dismissal is capability. Before such a step is taken the following will be considered; a) Is the employee s level of attendance deemed unsustainable in relation to the continuing provision of service? b) The pattern, frequency and level of absence. c) Short Term Sickness Absence Formal Review Process (Paragraph 2.7). d) The Equality Act e) Occupational Health or other medical advice. f) Evidence put forward by the employee. g) Any other relevant information. Normally, the appropriate Director/Senior Manager with authority to dismiss would meet formally with the employee, with a member of the HR & OD Directorate present. The employee will be given reasonable notice of the meeting and will be informed of their right to bring a representative. The Occupational Health Report and any other relevant documentation will be provided to the employee in advance of the meeting. The employee must be given every opportunity to put their case and provide any additional medical evidence that they wish to be considered. In circumstances where the decision of the manager is not to dismiss the employees attendance will be monitored for a further review period with any further unsatisfactory absence leading to possible dismissal. Dismissal will be with notice (or pay in lieu of notice) and the employee will be encouraged to reapply for posts should they become fit in the future. The procedure for conducting the above meeting is attached at Appendix 7. Policy Manager: David McFarlane/Jenny Alexander Page 42 of 62 Review Date: April 2020

43 Appendix 5 Guidance on Setting Sickness Absence Improvement Standards NHS Tayside does not have a specific level of sickness absence that automatically triggers formal action. Managers are therefore required to consider all employees individually and apply judgment and discretion accordingly. How Long? Attendance Improvement Standards are set over a fixed period of time usually three, six or twelve months. The actual period will be determined by the individual circumstances of the employee taking into consideration the previous absence history including reason for absence. How Many? A number of days will be identified and agreed with the member of staff. This means if the member of staff is absent over and above this figure during the review period further action could be taken (see paragraph 2.7) Typical Attendance Improvement Standards could include: No more than 3 days absence or more than one episode of absence during a three months period. No more than 6 days absence or more than two episodes of absence during a six months period. No more than 9 days absence or more than three episodes of absence during a twelve months period. Please note: The above examples are provided for guidance only the actual Attendance Improvement Standard will reflect the individual circumstances of each case and could be greater or less than the above examples. The Standard set should be realistic and achievable balancing both the individual member of staff s circumstances with the needs of the service. When considering formal action the following are issues a manager would wish to consider; If no previous absence concerns have been identified or discussed with a member of staff it would be reasonable to defer action to give the member of staff an opportunity to return to good attendance. If attendance does not improve to a satisfactory level formal action should be considered. If concerns over poor attendance have been raised with the member of staff previously it would be appropriate to take formal action at an earlier stage. Can the manager demonstrate that reasonable measures (if appropriate) have been taken to support the employee; if they have, formal action may be considered. How does the member of staff s sickness absence record compare with others in similar circumstances within the area? Is the employee suffering from an underlying medical condition or disability (see paragraphs 2.4 and 2.6)? Guidance on the application of the PAAW Policy is available from the Human Resources and Organisational Development Directorate. Any absence concerns with newly appointed staff should be raised with them at the earliest opportunity. Policy Manager: David McFarlane/Jenny Alexander Page 43 of 62 Review Date: April 2020

44 Appendix 6 Return To Work Plan When the manager has obtained advice about what the employee can and cannot do and any adjustments have been identified whether these are temporary or permanent, the next step is to prepare a Return to Work Plan. For the plan to be successful it is important to consult those affected by it, but particularly the employee concerned. Empowering the individual to influence their own return to work is an important element of increasing their well being and confidence. A plan may also be useful to agree alternative working arrangements for employees who have not been absent but are in poorer health (e.g. undergoing treatment) or to keep working in circumstances such as a partner s serious illness. When is the right time to prepare a plan? Beginning to develop the plan at an appropriate time is crucial. Discussing a plan too soon may put employees under pressure, particularly when there are underlying work issues that need to be tackled, such as workload pressures or bullying and harassment. But leaving it too late may mean the employee loses confidence in their ability to return even with appropriate support. The right time will depend on the person concerned and the nature of their illness, injury or disability. In many cases the best time to prepare a plan is three-four weeks into the absence. Normally people will return to work under their own steam in the weeks before. In the case of injury or post-operative convalescence, there may be clear physical milestones in the healing process that will influence the plan. In the case of depression or other mental ill health, it may mean a step-by-step process. Consideration should be given to seeking Occupational Health advice to establish when the employee is ready to plan and when they can actually return. The absent employee may need help to achieve simple life goals like getting up at a certain time, and going to the corner shop, before thinking about return to work. Phased Return to Work Where Occupational Health recommends phased return to work, this can be undertaken, initially by special leave with pay. Managers can authorise a phased return to work in circumstances deemed appropriate taking into consideration any available medical advice. The period during which special leave with pay can be used for this purpose should not normally exceed 4 weeks and if further phasing is required the employee must then utilise a mixture of unpaid leave and annual leave by commencing on reduced hours and gradually increasing to their contractual hours. The particular arrangement will depend on the individual circumstances. Generally, the alternative to a phased return to work is for the employee to remain on sick leave, and as a general principle the employee should therefore suffer no loss to his/her contractual earnings. Managers must be flexible in authorising the use and carryover of annual leave for this purpose and unpaid leave during a phased return to work where the alternative is to remain on sick leave, unpaid leave should be used only with the employee s consent. Who should put the plan together? This will depend upon the circumstances. In many cases involving planned adjustments, or a gradual return to work, the employee s line manager will be able to prepare the plan together with the employee, trade union or other employee representatives and other employees affected. Input from Occupational Health and a representative from the HR & OD Directorate is also available. What needs to go into the plan? The plan needs to be tailored to the specific needs of the employee concerned. It can take the form of a simple chart or table or a written statement, whatever is most suitable to the circumstances. The content needs to: Policy Manager: David McFarlane/Jenny Alexander Page 44 of 62 Review Date: April 2020

45 Take account of any advice you or your employee have received from their GP, Occupational Health or other advisory service etc; reflect the needs of your employee and your organisation. It is useful to include: The approximate date of the employee s return to work. The goal of the return to work, e.g. return to a modified work role or system, or alternative working hours, whether on a temporary or permanent basis. The time period of the plan. A statement of alternative working arrangements. Information about any impact on terms and conditions. What checks will be made to make sure it is put into practice? Dates when the plan will be reviewed with the employee, and by whom. Signatures of agreement employee, line manager etc. Putting the plan into operation Before you put the plan into operation, check that: The plan does not require the employee to return before they are ready; The views and advice of the employee concerned. Any professional or specialist advice provided by the GP. Occupational Health Adviser or other advisory service. Any views and advice of the trade union and other employee representatives. The plan is understood, implemented properly and kept under close review. If the employee cannot cope, they may become disheartened and take more sick leave. End of plan reviews will help you and your employee decide if the plan needs to be extended and changed. Look out for lessons that could apply to future plans involving other employees. Policy Manager: David McFarlane/Jenny Alexander Page 45 of 62 Review Date: April 2020

46 Appendix 7 Flowchart of The Format Of Hearing The Chair of the Panel will introduce those present and confirm that the hearing is of a nature, which could lead to termination of employment. The Chair of the Panel or the HR & OD Directorate Representative will then explain the procedure to be followed at the hearing. The Management Representative will present information related to the Employees absence record from work including any medical reports and may also call any witness. The Employee (or their representative) and the panel can question each witness and the Management Representative. The Employee (or their representative) will then present their response to the Management case, including any medical reports or mitigating circumstances. The Employee can also call any witnesses. The Management Representative and panel can question each witness and the employee. The Panel hearing the case may then ask supplementary questions. Both the Employee and/or their representative and Management Representative will be given the opportunity to sum up. The Management Representative will sum up first followed by the Employee and /or their representative The Panel will adjourn to consider the evidence following which, the outcome will be communicated to the employee either in person and confirmed in writing or conveyed in writing. Policy Manager: David McFarlane/Jenny Alexander Page 46 of 62 Review Date: April 2020

47 Appendix C NHS TAYSIDE POLICY APPROVAL CHECKLIST This form must be completed by the Policy Manager and this checklist must be completed and forwarded with the policy to the Executive Team, Clinical Quality Forum or Area Partnership Forum for approval and to the appropriate Committee for adoption. POLICY AREA: POLICY TITLE: POLICY MANAGER: Human Resources & Organisational Development Promoting Attendance at Work David McFarlane and Jenny Alexander Why has this policy been developed? Has the policy been developed in accordance with or related to legislation? Please give details of applicable legislation. Has a risk control plan been developed and who is the owner of the risk? If not, why not? Who has been involved/consulted in the development of the policy? Has the policy been Equality Impact Assessed in relation to:- Age Disability Gender Reassignment Pregnancy/Maternity Race/Ethnicity Religion/Belief Sex (men and women) Sexual Orientation Please indicate Yes/No for the following: Yes Yes Yes Yes Yes Yes Yes Yes Does the policy contain evidence of the Equality Impact Assessment Process? Is there an implementation plan? Which officers are responsible for implementation? When will the policy take effect? Who must comply with the policy/strategy? How will they be informed of their responsibilities? 2009 In support of NHS Tayside strategy on promoting attendance review into current corporate template and updated contact details In line with Partnership Information Network requirements and national Terms and Conditions of employment. Yes George Doherty, Director of HR & OD Policy developed in partnership. Consultation undertaken across line managers and staff side representatives throughout Tayside. Has the policy been Equality Impact Assessed not to disadvantage the following groups:- People with Mental Health Problems Homeless People People involved in the Criminal Justice System Staff Socio Economic Deprivation Groups Carers Literacy Rural Language/Social Origins Yes Yes Please indicate Yes/No for the following: Yes Yes Yes Yes Yes Yes Yes Yes Yes George Doherty, Director of HR & ID Once Policy Ver 1.3 on Staffnet All staff Via Contract of Employment, Induction, training and general communication via Vital Signs etc. Is any training required? Training plan ongoing from August 2014 If yes, attach a template Are there any cost implications? If yes, please detail costs and note source of funding Who is responsible for auditing the implementation of the policy? What is the audit interval? Who will receive the audit reports? When will the policy be reviewed and provide details of policy review period (up to 5 years) attached NO George Doherty, Director of HR & OD SG quarterly APF six monthly SGC & APF 2 years POLICY MANAGER: D McFarlane/J Alexander DATE: April 2018 APPROVAL COMMITTEE TO CONFIRM: APF ADOPTION COMMITTEE TO CONFIRM: SGC Policy Manager: David McFarlane/Jenny Alexander Page 47 of 62 Review Date: April 2020

48 Appendix D EQUALITY IMPACT ASSESSMENT Name of Policy, Service Improvement, Redesign or Strategy: Promoting Attendance at Work Lead Director of Manager: George Doherty, Director of HR & OD What are the main aims of the Policy, Service Improvement, Redesign or Strategy? To promote the attendance at work of staff and manage sickness absence. Description of the Policy, Service Improvement, Redesign or Strategy What is it? What does it do? Who does it? And who is it for? Provides structure and direction on promoting attendance at work and managing absence and covers all staff employed by NHS Tayside. What are the intended outcomes from the proposed Policy, Service Improvement, Redesign or strategy? What will happen as a result of it?- Who benefits from it and how? Provide support for the development of healthy, safe and supportive working environments that contribute to a culture of staff taking responsibility for their attendance at work. Name of the group responsible for assessing or considering the equality impact assessment? This should be the Policy Working Group or the Project team for Service Improvement, Redesign or Strategy. Promoting Attendance at Work Group Policy Manager: David McFarlane/Jenny Alexander Page 48 of 62 Review Date: April 2020