Discretion to Resume/Maintain Paid Sick Leave Police Officers Policy

Transcription

1 Discretion to Resume/Maintain Paid Sick Leave Police Officers Policy Reference No. P53:2013 Implementation date 05 August 2014 Version Number 1.5 Reference No: Name Linked documents P27:2003 Health and Wellbeing Procedure P11:2012 Police Officer Ill Health Management Police P05:2005 Management of Staff with Disabilities Annual Leave and Sickness Guidance Policy Section Procedure Section Suitable for Publication Yes Yes Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.

2 Table of Contents 1 Policy Section Statement of Intent Aim and Rationale Our Visions and Values People, Confidence and Equality Standards Legal Basis People, Confidence and Equality Impact Assessment Monitoring / Feedback Procedure Section Entitlements/Administration Procedure by which decisions are reached Guidelines to the Exercising of Discretion Submission of Additional Evidence Appeal Short-term Pay Extensions Pensionable Service Consultation and Authorisation Consultation Authorisation of this version Version Control Review Version History Related Forms Document History

3 1 Policy Section 1.1 Statement of Intent Aim and Rationale The purpose of this policy is to provide details of circumstances where it may be appropriate to consider an extension to the normal occupational sick pay entitlement for police officers and to ensure that a consistent approach to the review of, and reduction in, sick pay is undertaken. This document provides details of the criteria for implementation of Regulation 28 of the Police Regulations 2003 (as amended) regarding the reduction to half pay or no pay during sick leave. The decision to exercise the relevant discretion is one for the Chief Constable who must consider each case on its merits. Dorset Police are unable to have a fixed policy that discretion always will or will not be exercised in a particular case. It is however possible to lay down guidelines to promote fairness and consistency in the decision making process, as long as the possibility of exceptions are not ruled out. Any guidelines that are used to exercise discretion will be applied in a fair, consistent and non-discriminatory manner. Such decision making processes will be carefully documented to ensure that the decision is reached fairly on the facts of each case. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives: To make Dorset safer To Make Dorset Feel safer In doing this we will act in accordance with our values of: Integrity Professionalism Fairness and Respect National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance Code of Ethics The Code of Ethics underpins every policy, procedure, decision and action in policing today. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. 3

4 1.3 People, Confidence and Equality This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:- Listened to Kept informed Protected, and Supported. 2 Standards 2.1 Legal Basis Regulation 28, Annex K provides that a member of a police force who is absent on sick leave shall be entitled to full pay for six months in any one year period. Thereafter, the member becomes entitled to half pay for six months in any one year period. Entitlement to pay and the level of pay is calculated by deduction from the member s entitlement on the first day of a sick leave period the aggregate of periods of paid absence during the 12 months immediately preceding the first day of absence. In March 2003 at the Police Negotiating Board (PNB) meeting, agreement was reached on additional guidance to Chief Officers on the use of discretion to resume/maintain paid sick leave in support of the Secretary of State s determination of sick pay under Regulation 28 of the Police Regulations 2003 (PNB Circular 03/2). The application of this agreement has been written into this guidance document, together with the PNB Circular 05/1 which amends the guidance to reflect the provisions of the Equality Act The Chief Constable has agreed the following delegation of powers contained with the Police Regulations 2003, as applied to Regulation 28, (the application of sick pay). 4

5 All decisions of the Chief Constable to the Deputy Chief Constable All administrative processes relating to Regulation 28 of the Police Regulations to the HR Specialist, Wellbeing and Engagement All decisions relating to short term pay decisions (less than 28 days) to the Head of Personnel Services The Working Time Recording Regulations 1998 takes into account the payment of annual leave whilst sick. 2.2 People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Monitoring / Feedback The HR Specialist, Wellbeing and Engagement, in consultation with the HR Business Support Team, Finance, Police Federation and relevant Commanders/Heads of Department will monitor all officers subject to this policy which will include the decisions/rationale for the exercising of discretion and for all appeals. Feedback relating to this policy can be made in writing or by to Address: HR Specialist (Wellbeing and Engagement) Police Headquarters, Winfrith, Dorset DT2 8DZ human-resources@dorset.pnn.police.uk Telephone:

6 3 Procedure Section 3.1 Entitlements/Administration Police officers sick pay is governed by Regulation 28 of the Police Regulations This provides for the automatic reduction to half pay after 6 months cumulative absence and the cessation of pay after 12 months absence An officer who is absent on sick leave in accordance with Regulation 33 (5) shall be entitled to full pay for 6 months (183 days including rest days) in any rolling 12 month period. Thereafter, the officer becomes entitled to half pay for 6 months in any rolling 12 month period. This entitlement starts as soon as an officer joins the service The Deputy Chief Constable (DCC) may in a particular case determine that for a specified period: A member who is entitled to half pay while on sick leave is to receive full pay, or A member who is not entitled to any pay while on sick leave is to receive either full pay or half pay The decision to exercise the relevant discretion is one for the DCC who will consider each case on its merits. A Force cannot have a fixed policy that discretion always will or will not be exercised in a particular kind of case. Guidelines to the exercising of discretion are included in Section The period during which sick pay shall be paid and the rate of sick pay in respect of any period of sick leave shall be calculated by deducting the officer s entitlement on the first day, the aggregate of periods of paid absence during the rolling 12 months immediately proceeding the first day of absence The applicable dates will be calculated by the Finance Department and details of officers who are due to be reduced in pay will forwarded to the HR Specialist, Wellbeing & Engagement, Personnel Services and the Police Federation prior to the officer receiving notification of the impending reduction. The officer will be given a minimum of four week s notice In normal circumstances, the HR Specialist, will send the notification letter directly to the officer and a copy will be sent the relevant Line Manager, HR Business Support Team, Police Federation and Welfare However, prior to the letter being sent to the officer, the HR Specialist, Wellbeing & Engagement will determine if there is any reason why the letter should not be posted direct in the normal manner. Only in exceptional circumstances will arrangements be made for the letter to be hand delivered. This will be when there are serious concerns for the officer s health and wellbeing. The HR Specialist will make this decision following liaison with the HR Business Support Team Manager, Welfare Officer and relevant Line Manager. 6

7 3.2 Procedure by which decisions are reached An officer may, following receipt of the formal notice from the HR Specialist, Wellbeing & Engagement of an impending reduction to half pay/zero pay as a result of a period of sickness absence, make application to the DCC seeking an extension of pay under this procedure In making this application the officer should: Write to the HR Specialist, Wellbeing & Engagement clearly setting out the reasons why the officer considers their pay entitlements should not be reduced In the event of incapacity or ill health which prevents the officer making the application themselves, this application may be made on behalf of the officer by an individual they authorise for this purpose i.e. Federation Representative. Any such application must be made with the full knowledge and consent of the applicant, unless the Force or Police Federation is aware of exceptional circumstances where the officer is unable to make a rational, informed decision. This application should be forwarded as soon as practical to ensure it receives the appropriate attention prior to the closing date of the relevant pay period. The HR Specialist, Wellbeing & Engagement will acknowledge receipt of the application The HR Specialist, Wellbeing & Engagement will undertake the appropriate research into the history of the absence. This may include referring to the officer s personal file, liaising with the Police Federation, Occupational Health and/or review of the injury on duty form if applicable The HR Specialist, Wellbeing & Engagement will collate all relevant information and compile a Half Pay/Zero Appeal report. This report will contain: The nature of illness Previous history of absence including Bradford Factor score Date that the officer is due to reduce to half /zero pay Policy criteria (Injury on duty, potentially terminal, ill health retirement process, Equality Act or discretion Latest medical view Details of comparable injury on duty cases/decisions reached Any new evidence Comments of relevant Commander/Head of Department Recommendation by HR Specialist, Wellbeing & Engagement Attached to the report will be the verbatim submission from the officer or their representative The HR Specialist, Wellbeing & Engagement will present the application to the DCC to enable a decision to be made on the evidence available in accordance with paragraph This will not involve the personal attendance of the applicant at this time. Any such decision will be in accordance with PNB Circular s 05/01 and 03/ The decision of the DCC will be conveyed to the officer by letter. 7

8 3.3 Guidelines to the Exercising of Discretion Whilst each case must be considered individually, it would under general circumstances be appropriate for the DCC to exercise discretion favourably where: The DCC is satisfied that the officer s incapacity is wholly attributable to an injury or illness that was clearly sustained or contracted in the execution of his/her duty. In general terms, depending on the individual circumstances of each case, Post Traumatic Stress Disorder will be considered to be an injury on duty where a clear causational link has been established between the diagnosis and an index duty incident(s). The consideration of any extension of pay request where this applies will be based on the individual circumstances of the situation in accordance with the provisions of this policy. The officer is suffering from an illness that has been identified as potentially terminal and medical advice indicates that the officer may not survive beyond 12 months. The officer s case is being considered in accordance with the Police Officer Ill Health Management Policy and the Personnel Manager (Business Support) has referred the issue of whether the officer is permanently disabled to the Selected Medical Practitioner. The Force Medical Officer advises that the absence is related to a disability as defined by the Equality Act 2010 and the DCC considers that it would be a reasonable adjustment to extend sick pay, generally speaking to allow (further) reasonable adjustments to be made to enable the officer to return to work. Such adjustments will be managed in accordance with the relevant provisions of the Management of Staff with Disabilities Policy and Health and Wellbeing Procedure These guidelines do not remove the obligation to consider each case on its merits. The DCC may decide to exercise discretion favourably in circumstances not covered by the guidelines set out above. The DCC may also decide not to exercise discretion favourably in a case which is covered by those guidelines, in particular the DCC may decide not to exercise discretion where: There is evidence of default or neglect on the officer s part The officer s actions may be delaying the process of recovery The officer is unreasonably failing to co-operate with a rehabilitation programme or comply with requests to attend medical examinations or supply medical information The officer is actively engaged in a business interest during the period of absence which may be adversely impacting upon their ability to perform their duties safely or to a satisfactory standard The DCC may also decide not to exercise discretion favourably in a case where an officer is in the formal stages of an Unsatisfactory Attendance Procedure. 8

9 3.3.4 Where extensions of full and half pay have been granted, Chief Officers should review their decisions regularly; this will normally be for a maximum period of 3 months, after which the HR Specialist, Wellbeing & Engagement will seek up-to-date information in relation to the case and resubmit the matter to the DCC for a decision. In relevant cases the officer will be offered the opportunity to make a further written submission before a decision is made Occasionally the extension period will be linked to another event such as a medical appointment/report and therefore may set the review period. 3.4 Submission of Additional Evidence If the officer considers that new evidence has become available since their original submission, or there are new extenuating circumstance the officer wants to bring to the attention of the DCC that were not included in the previous correspondence, the officer may make a further written submission The DCC will consider the new written submission based upon the process set out in Section 3.2 and make a determination in the case and advise the individual of the outcome in writing. 3.5 Appeal If the individual is unhappy with the decision of the DCC, they may make a written submission to the Chief Constable In determining the appeal, the Chief Constable will reach a decision based upon the written evidence that was submitted to the Deputy Chief Constable, any material change since the original decision of the Deputy Chief Constable, the content of this guidance and PNB Circular s 05/01 and 03/ Personal hearings will not be permitted unless there are exceptional circumstances The decision of the Chief Constable will be final. 3.6 Short-term Pay Extensions From time to time through no fault of the officer, insufficient notification of an impending reduction in pay may be given. The implication being insufficient time for the officer to make a case to the HR Specialist, Wellbeing & Engagement for an extension of pay Under these circumstances the Finance Officer will contact the Head of Personnel Services, for consideration of an extension in pay for a period of no more than 28 days to enable the appropriate delivery and the formal notice. 9

10 3.6.3 With each case being considered on its merits, the Head of Personnel Services may authorise the extension of pay to a date no later than the last day of the current pay period to facilitate delivery of the relevant notice. However, short term extensions will not apply where the officer has previously received formal notification informing him/her that future sickness within the 12 month period may result in an automatic reduction without prior warning Any request for an extension of pay beyond the current pay period will be considered in accordance with Section Pensionable Service Sick leave on full or half pay counts towards pensionable service as normal Unpaid sick leave can only count as pensionable service if pension contributions due are paid. Officers are only able to do this for periods of unpaid sick leave which are less than six months in duration. Pension contributions cannot be paid for a total of more than 12 months of unpaid sick leave aggregated across an officer s service. 10

11 4 Consultation and Authorisation 4.1 Consultation Version No: Name Signature Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 4.2 Authorisation of this version Version No: 1.4 Name Signature Date Prepared: Mrs L Tong Lynn Tong 30/12/2015 Quality assured: Authorised: Mr P Channon Pete Channon 30/12/2015 Approved: 5 Version Control 5.1 Review Date of next scheduled review Date: 6 th January

12 5.2 Version History Version Date Reason for Change Created / Amended by /12/13 Initial Document Mrs L Tong /11/14 The policy has been reviewed in Policy Co-ordinator (6362) preparation for NICHE implementation (April 2015), no changes necessary /12/2014 The policy has been amended to reflect changes to the Appeal process, Section 3.5 to enable the Chief Constable to consider any new material submitted following the decision of the Deputy Chief Constable. Mrs L Tong /05/2015 This policy has been amended to reflect changes to Section 3, Guidelines to the Exercising of Discretion to reflect decisions that have been made by the Force relating to the diagnosis of Post Traumatic Stress Disorder (PTSD) and the identification of a clear causational link with an injury sustained whilst undertaking operational duty /12/2015 Fit for purpose review completed, no changes necessary /4/16 Amendments made to contacts section Mrs L Tong Mrs L Tong Policy Co-ordinator (6362) 5.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Director of Human Resources Present Document Owner Director of Human Resources Present Owning Department Human Resources Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Peoples Board Date Approved: 5 th August 2014 Chief Officer Approving: Chair of Board Template version January