POLICY DOCUMENT Burton Hospitals NHS Foundation Trust Approved by: SICKNESS ABSENCE POLICY Executive Management Committee On: 16 June 2015 Review Date: May 2018 Corporate / Directorate: Corporate Clinical / Non Clinical: Non Clinical Department Responsible for Review: Human Resources Distribution: Essential Reading and Information for All Staff Policy Number: 66 Version Number: 8 Signature: Chief Executive Date: 16 June 2015 Sickness Absence Policy / Version 8 / May 2015
Burton Hospitals NHS Foundation Trust POLICY INDEX SHEET Title: Sickness Absence Policy Original Issue Date: February 1999 Date of Last Review: May 2015 Responsibility: Stored: Human Resources Human Resources Intranet Site Linked Trust Policies: Redeployment Protocol Special Leave Policy Stress Management Policy Equal Opportunities Policy Equality and Diversity Strategy Disciplinary Policy E & D Impact Assessed EIA 194 Consulted Senior Management and Staff Side Sickness Absence Policy / Version 8 / May 2015
REVIEW AND AMENDMENT LOG Version Type of change Date Description of Change 6 Update 17/01/13 Major update 7 Update 13/06/13 Minor amendments 8 Update May2015 Minor amendments Sickness Absence Policy / Version 8 / May 2015
CONTENTS Paragraph Number Subject Page Number 1. Policy Statement 1 2. Who is covered by this Policy? 1 3. Basic Responsibilities 1-4 4. Sickness Certification 4-5 5. Unauthorised Absence 5 6. Sick Pay 5 7. Representation 5 8. Keeping in Contact during Sickness Absence 5 9. Return to Work Interviews 6 10. Disabilities 6 11. Absence Meetings Procedure 6-7 12. Sickness Absence and Annual Leave 7 13. Managing Short Term/Frequent Absence 7-9 14. Appeals 10 15. Managing Long Term Sickness Absence 10-11 16. Facilitating Continuation of Useful Employment 11-12 17. Retirement on Grounds of Ill Health 12-13 18. Termination of Employment on Grounds of Incapacity 13 19. Loss of Income due to an Accident at Work NHS Injury Benefits 14-15 20. Monitoring and Effectiveness 16 Appendix 1 Guidance for Managers: What to ask when an Employee phones in Sick to work 17 Appendix 2 Self Certificate Form 18 Appendix 3 Return to Work Interview 19 Appendix 4 Invite to Stage 1 review letter 20 Appendix 5 Outcome letter Stage 1 21 Appendix 6 Step down after Stage 1 letter 22 Appendix 7 Invite to Stage 2 meeting 23 Appendix 8 Outcome letter Stage 2 24 Appendix 9 Stage 2 review letter, step down to Stage 1 25 Appendix 10 Invite to Stage 3 review meeting 26 Appendix 11 Invite to Long Term Sickness review meeting 27 Appendix 12 Managing Sickness Process Flow Chart 28 Sickness Absence Policy / Version 8 / May 2015
Burton Hospitals NHS Foundation Trust SICKNESS ABSENCE POLICY 1. POLICY STATEMENT This Sickness Absence Policy sets out our procedures for reporting sickness absence and for the management of sickness absence in a fair and consistent way. Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes (for example, injuries, recurring conditions, or a serious illness requiring lengthy treatment). We wish to ensure that the reasons for sickness absence are understood in each case and followed up where necessary. In addition, where needed and reasonably practicable, measures will be taken to assist those who have been absent by reason of sickness to return to work. This policy does not form part of any employee's contract of employment and it will be amended periodically in consultation with the trade unions. This may include the variation of procedures set out in this policy, including any time limits, as appropriate in any case. 2. WHO IS COVERED BY THIS POLICY? This procedure has been agreed in consultation with Staff Side and applies to all employees regardless of status or length of service. 3. BASIC RESPONSIBILITIES 3.1 Employee Responsibilities Employees of the Trust have a responsibility to: 3.1.1 Recognise their contractual obligation to do everything reasonable to maximise their chances of fulfilling their contractual obligations to the Trust, for example, to do their utmost to facilitate a speedy recovery. 3.1.2 If employees are taken ill or injured while at work they should contact the relevant manager or senior person within their department to make the necessary arrangements to go home or receive medical treatment where required. 3.1.3 If employees cannot attend work because they are ill or injured they should normally telephone their Line Manager or nominated person as early as possible before their shift commences. Employees should refer to the departmental Sickness Absence Policy / Version 8 / May 2015 1
procedures for reporting sickness absence for their relevant areas for further information and guidance. When reporting sickness absence the following details should be provided: The nature of illness or injury The expected length of absence from work Contact details Any outstanding or urgent work that requires attention 3.1.4 If an employee is due to attend a training or study day and is unable to do so through illness, they must inform their manager, as well as making every effort to advise the appropriate training/study provider. 3.1.5 Provide relevant sickness absence certificates throughout the sickness absence period, whether they are receiving sick pay or not (see section 4 for further guidance). 3.1.6 Co-operate with attempts to review sickness absence and/or assess fitness for work in accordance with their contractual obligations. This may include attending meetings and providing consent to a medical examination by the Occupational Health Department or a Medical Practitioner nominated by the Trust. Employees will be asked to agree that any report produced in connection with any such examination may be disclosed to nominated people within the Trust such as the appropriate Line Manager and the Human Resources Manager. 3.1.7 The Trust does not expect an employee to participate in activities or work inconsistent with the nature of their absence whilst they are off sick. If such an action is suspected this may require explanation by the employee which may lead to a disciplinary investigation. A referral to the Local Counter Fraud Specialist will be considered where necessary. 3.1.8 If employees consider that they are affected by a disability or any medical condition which affects their ability to undertake their work, they should inform their Line Manager. 3.2 Occupational Health Department The role of Occupational Health is to assist with: 3.2.1 Establishing the reason for absence, whether any illness is genuine and whether there is an underlying medical condition. 3.2.2 Indicating the likely length of continued absence. 3.2.3 Assessing the effect of an illness on an employee s ability to fulfil their job, what they are capable of and what, if any, adjustments either temporary or permanent can be made to facilitate a return to work. 3.2.4 Providing support and guidance on a phased return to work from long term sickness absence. Sickness Absence Policy / Version 8 / May 2015 2
3.2.5 Engaging in case conferences as necessary. 3.2.6 Providing direct support to employees in the form of confidential counselling etc. 3.2.7 Supporting managers seeking to maintain disabled staff in employment, particularly in relation to assessment of capabilities and suitability of employment options 3.3 Management/Supervisory Responsibility Managers should ensure that: 3.3.1 Any sickness absence that is notified is recorded using the reason for absence in an accurate and timely manner. 3.3.2 Arrangements are made, where necessary, to cover work and to inform colleagues and clients (while maintaining confidentiality). 3.3.3 Contact is made with the employee on the first day of absence to provide advice and help where appropriate, as set out in Appendix 1. Regular contact should be maintained with employees if the absence is for a period of more than 24 hours as set out in section 8. 3.3.4 Ensuring that all employees are treated sensitively and made aware of the Sickness Absence Policy and understand their responsibilities during a sickness absence period with regards the reporting and notification of absence in accordance with Trust and any local departmental arrangements. 3.3.5 Effectively monitor and manage employees sickness absence in a timely manner and as a continuous and ongoing process in accordance with this policy. If managers fail to take the appropriate steps to monitor and manage sickness absence within their areas/departments then they may be subject to formal action in line with the Trust s Performance Management or Disciplinary Policy. Managers who require training should contact their HR Manager to arrange this. 3.4 Human Resources Department The Human Resources Department will: 3.4.1 Provide advice and support to Managers concerning sickness absence and injuries at work. 3.4.2 Attend sickness review meetings where appropriate in an advisory capacity. 3.4.3 Report and monitor sickness absence levels on a monthly basis and communicate this to the organisation. 3.4.4 Co-ordinate within the Trust consideration of eligibility for NHS Injury Benefits of individuals whose income has been reduced as a result of an injury or condition attributable to their employment. Sickness Absence Policy / Version 8 / May 2015 3
3.4.5 Provide information to the Board of Directors and/or sub committees and Staff Side in relation to sickness absence levels, significant issues that may need joint working and also undertake sickness audits. 4. SICKNESS CERTIFICATION 4.1 For sickness absence of any period over three days and up to seven calendar days employees must complete a self certification form on their return to work and submit this to their Line Manager. A self certification form can be found in Appendix 2 of this policy. 4.2 If absence continues beyond seven calendar days a medical certificate is required (a Statement of Fitness for Work) stating that the employee is not fit for work and the reasons why. This should be forwarded to the employee s Line Manager as soon as possible. If absence continues, further medical certificates must be provided in a timely manner to cover the whole period of absence. 4.3 If a medical certificate states that an employee may be fit for work a discussion will take place with the employee regarding any additional measures or adjustments that may be needed to facilitate a return to work, taking into account the doctor s advice. If appropriate measures cannot be taken or the adjustments accommodated then the employee must remain on sick leave and a date will be set to review the situation. 4.4 An employee must not return to work whilst covered by a medical certificate stating that they are not fit for work. If an employee feels they are able to return to work before the expiry of their medical certificate they must consult with their doctor and obtain a certificate declaring them fit to return to work. 4.5 If there are concerns about the reason for absence, or frequent short term absence a medical certificate may be required for each period of absence regardless of duration at the discretion of the Line Manager. In such circumstances, the employee will be required to cover any costs incurred in obtaining such medical certificates on production of a doctor s invoice. This is likely to be a rare occurrence and managers should consult Human Resources before taking this step. 4.6 If an employee becomes unwell whilst abroad, they must report the absence to their Line Manager in line with the departmental notification procedures. If the absence extends beyond seven days a UK fitness to work certificate must be obtained from their GP for the period of absence on return to the UK. 5. UNAUTHORISED ABSENCE 5.1 Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised and unpaid absence. 5.2 Failure to provide the relevant sickness certification as outlined in section 4 will also be treated as unauthorised and unpaid absence. Sickness Absence Policy / Version 8 / May 2015 4
5.3 Cases of unauthorised absence will be dealt with in line with the Trust s Disciplinary policy. 5.4 If an employee fails to report for work and has not telephoned the department to explain the reason for absence, the Line Manager will try and contact the employee by telephone and in writing if necessary. This should not be treated as a substitute for reporting sickness absence. 6. SICK PAY 6.1 You should refer to your contract for details of the sick pay to which you are entitled. 6.2 If a period of sickness absence is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party, in respect of which damages are or may be recoverable, you must immediately notify your Line Manager of that fact and of any claim, compromise, settlement or judgement made or awarded in connection with it and all relevant particulars that we may reasonably require. If we require you to do so, you must co-operate in any related legal proceedings and refund to us that part of any damages or compensation you recover that relates to lost earnings for the period of sickness absence as we may reasonably determine, less any costs you incurred in connection with the recovery of such damages or compensation, provided that the amount to be refunded to us shall not exceed the total amount we paid to you in respect of the period of sickness absence. 6.3 For sick pay purposes time off is calculated in calendar days and takes into account days when the employee does not normally work e.g. weekends or public holidays. 7. REPRESENTATION 7.1 Employees may bring a companion to any meeting or appeal meeting under this procedure. 7.2 The companion may be either a trade union representative or a fellow work colleague. Their identity must be confirmed to the relevant manager or officer conducting the meeting, in good time before it takes place. 8. KEEPING IN CONTACT DURING SICKNESS ABSENCE 8.1 Employees should expect to be contacted from time to time by their Line Manager in order to discuss their health and wellbeing, expected length of continued absence from work and any work that requires attention. Such contact is intended to provide reassurance and will be kept to a reasonable minimum. 8.2 Employees must also keep their Line Manager informed of any changes or updates in relation to their absence. If employees have any concerns whilst absent on sick leave they should feel free to contact their Line Manager. Sickness Absence Policy / Version 8 / May 2015 5
9. RETURN TO WORK INTERVIEWS 9.1 After every episode of sickness absence, irrespective of the duration of the absence, arrangements must be made for the employee to have a Return to Work Interview with their Line Manager at the earliest opportunity. The purpose of the Return to Work Interview is to: Welcome the employee back to work Confirm the details of the absence Give an opportunity to raise any concerns or questions and bring any relevant matters to the attention of the Line Manager. 9.2 At the Return to Work Interview the manager will advise the employee if they are at risk of triggering the formal sickness absence triggers as set out in Section 13. Once the sickness absence triggers are reached, the formal sickness absence process will be followed. 9.3 A brief record of the Return to Work Interview will be kept on the employee s file and it is recommended the form at Appendix 3 is used for this purpose. 10. DISABILITIES 10.1 The Trust is aware that sickness absence may result from a disability. At each stage of the sickness absence procedure, particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work. 11. ABSENCE MEETINGS PROCEDURE 11.1 Sickness review meetings are an essential part of managing sickness absence. This procedure will be applied when: The short term sickness absence triggers have been reached; The long term absence triggers have been reached You have discussed matters at a Return to Work Interview that require investigation. 11.2 Unless it is impractical to do so, employees will be given seven calendar days written notice of the date, time and place of a sickness absence meeting. It is recommended that the letters at Appendices 4, 7, 10 and 11 are used for this purpose. 11.3 The meeting will be conducted by your Line Manager or relevant officer and may also be attended by a Human Resources representative. Employees may bring a companion to the meeting who is either a Trade Union Representative or fellow work colleague. Sickness Absence Policy / Version 8 / May 2015 6
11.4 Employees must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If an employee or their companion are unable to attend at the time specified they should immediately inform their Line Manager or relevant officer who will seek to agree an alternative time. 11.5 Confirmation of any decision made at a meeting, the reasons for it, and of the right of appeal will be given to the employee in writing within fourteen calendar days of a sickness absence meeting (unless this time scale is not practicable, in which case it will be provided as soon as is practicable). It is recommended that the letters at Appendices 5, 8 and 9 are used for this purpose. 11.6 If the Trust suspects that an employee has taken or is taking sickness absence when they are not unwell, this may be dealt with under the Trust s Disciplinary Procedure and a referral made to the Local Counter Fraud Specialist, where necessary. 12. SICKNESS ABSENCE AND ANNUAL LEAVE 12.1 Employees will continue to accrue and can take annual leave during periods of sickness absence. Employees will not however accrue Bank Holiday entitlements whilst on sick leave. 12.2 If an employee has been on sick leave for all or part of an annual leave year and they have not had the opportunity to take their statutory annual leave in the current leave year, they will be entitled to carry over any untaken statutory annual leave entitlement into the next leave year, as per the working time regulations; this is 20 days pro rata. It is advised that Managers seek further advice from the Human Resources Management Team in relation to this matter. 13. MANAGING SHORT TERM/FREQUENT ABSENCE 13.1 Repeated short periods of sickness amongst staff can disrupt the work of a department. A manager needs to take positive steps to deal with problems as they arise as quickly as possible. The basic elements of the policy are detailed below with indicators of the action that would normally be appropriate at different stages. However, the action taken must take account of the circumstances of the case. At all stages with short term sickness absence, consideration will be given to a referral to Occupational Health. 13.2 Triggers and Targets The following are indicators of absence that would normally warrant a meeting (as in section 11) with an employee: 6 or more working days or 3 or more episodes of sickness absence in a rolling 3 month period. 10 or more working days or 4 or more episodes of sickness absence in a rolling 12 month period. Sickness Absence Policy / Version 8 / May 2015 7
13.2.1 Care should be taken to not unnecessarily penalise an employee and only days when the employee was actually rostered to work should be counted in the above triggers. 13.3 Stage 1: First Formal Sickness Absence Meeting 13.3.1 Stage 1 will be invoked where the sickness absence triggers as outlined above have been met. 13.3.2 This will follow the procedure set out in Sections 7 and 11 on the arrangements for and right to be accompanied at sickness absence meetings. 13.3.3 The purposes of a first sickness absence meeting may include: Discussing the reasons for absence. Determining the likelihood of further absences. Considering whether medical advice is required and whether there is an underlying medical condition. Considering what, if any, measures might improve an employee s health and/or attendance. Agreeing a way forward, action that will be taken and a time-scale for review under the sickness absence procedure. 13.3.4 If an employee s absence is due to an underlying medical condition, please also refer to the Long Term Sickness section of this policy. On-going advice from the Human Resources department is important in such cases for which it may be appropriate to use elements of both processes. 13.3.5 It will normally be appropriate that the employee should be informed that a sustained improvement is required over the next 12 months and targets should be set. It is recommended that the targets outlined above are used; however in exceptional cases targets may be extended for example when dealing with cases involving disabilities. 13.3.6 Details of the meeting and any agreed outcomes will be confirmed in writing to the employee and a copy will be held on the personal file. Employees must also be notified of their right of appeal as outlined in section 14. 13.3.8 When the attendance pattern is considered satisfactory (normally after 12 months) the employee should be informed formally in writing that no further action will be taken. It is recommended that the letter at Appendix 6 is used for this purpose. 13.3.9 If however there are further periods of sickness absence which trigger the Sickness Absence Policy, the employees may progress to Stage 2. 13.4 Stage 2: Further Sickness Absence Meeting 13.4.1 If further periods of absence trigger the policy a Stage 2 review will be conducted. 13.4.2 The purposes of further meeting(s) may include: Sickness Absence Policy / Version 8 / May 2015 8
Discussing the reasons for and impact of ongoing absence(s). Discussing the likelihood of further absences. If it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required. The seriousness of the situation should be emphasised to the employee including advising an employee that they are at risk of dismissal if their attendance does not improve. 13.4.3 Details of the meeting and any agreed outcomes will be confirmed in writing to the employee and a copy will be held on the personal file. Employees must also be notified of their right of appeal as outlined in section 14. 13.4.5 When the attendance pattern at Stage 2 is considered satisfactory (normally after 12 months) the employee should be informed formally in writing that they will be stepped down to Stage 1 of the policy and they will continue to be reviewed in line with the Stage 1 section above. It is recommended that the letter at Appendix 9 is used for this purpose. 13.4.6 If however there are further periods of sickness absence which trigger the Sickness Absence Policy, employees will be required to attend a Stage 3 meeting. 13.5 Stage 3: Final Sickness Review Meeting 13.5.1 If the targets for attendance at Stage 2 are still not met then the employee will be invited to attend a Stage 3 meeting. 13.5.2 The Stage 3 meeting will be conducted by a relevant officer who has dismissal rights and a Human Resources Representative will normally be in attendance in an advisory capacity. 13.5.3 The purpose of the meeting will be: To review the meetings that have taken place and matters discussed. To consider any further matters that the employee wishes to raise. To consider whether there is a reasonable likelihood of achieving the desired level of attendance in a reasonable time frame. To consider other reasonable adjustments including redeployment, change of hours and ill-health retirement. To consider possible termination of employment. 13.5.4 If notice of termination is issued, it will be subject to payment in lieu of notice and any outstanding accrued annual leave. 13.5.5 All actions should be confirmed in writing to the employee normally within seven calendar days of the date of the meeting. Employees must also be notified of their right of appeal as outlined in Section 14. Sickness Absence Policy / Version 8 / May 2015 9
14. APPEALS 14.1 Employees may appeal against the outcome of any stage of this procedure as follows: Against warnings at Stages 1 and 2 in writing to the next level of management within 14 calendar days of receipt of the decision letter. Against dismissal at Stage 3 in writing to the Director of Human Resources, within fourteen calendar days of receipt of the dismissal letter. 14.2 Unless it is not practicable, employees will be given written notice of an appeal meeting within one week of the meeting. In cases of dismissal the appeal will be held as soon as possible. 14.3 Employees may bring a companion to an appeal meeting who may be either a recognised Trade Union Representative or fellow work colleague (see Section 7). 14.4 Following an appeal the original decision may be confirmed, revoked or replaced with a different decision. The final decision will be confirmed in writing, if possible within seven calendar days of the appeal meeting. There will be no further right of internal appeal. 14.5 If the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay. 15. MANAGING LONG TERM SICKNESS ABSENCE 15.1 This Policy should be used: When a member of staff has been off sick for more than four weeks and where there is no immediate prospect of return to work. Normally after four weeks the Manager/Human Resources Manager should contact the employee to invite them to attend a formal review meeting (please see Appendix 11 for template letter). The purpose of the meeting will be to explore the situation and the likelihood of return to work. Contact should be maintained with the employee on a regular basis, normally at monthly intervals by mutual agreement. 15.2 Arrangements should be made by the Manager to refer the employee to the Occupational Health department for assessment asking how long the illness is likely to continue and for how long it is likely to affect the individual s ability to perform their job. Subsequent referrals may also be necessary depending on how the situation develops. 15.3 Medical advice following referral may suggest that: The individual can be expected to be fully fit for their duties on an ongoing basis in the near future, stating a possible date. The employee will be capable of undertaking modified duties. Sickness Absence Policy / Version 8 / May 2015 10
No improvement can be expected in the short term, stating when reviews will take place and whether the employee requires further medical treatment or referral. There are other suitable roles in the Trust. The individual will be unable to fulfil the duties of a post within the Trust for the foreseeable future and that an application for retirement on ill health can be supported. 15.4 We are committed to helping members of staff return to work from long-term sickness absence. As part of our sickness absence meetings procedure we will, where appropriate and possible, support returns to work by: Obtaining medical advice. Making reasonable adjustments to the workplace, working practices and working hours. Considering redeployment; and/or Agreeing a return to work programme with everyone affected. 15.5 If you are unable to return to work from long-term sickness absence and where you are a member of the NHS Pension Scheme, we will discuss with you whether you are entitled to make an application for ill-health early retirement or any temporary/permanent injury allowance. The decision as to whether you are entitled to these benefits is taken by the NHS Pensions Agency 16. FACILITATING CONTINUATION OF USEFUL EMPLOYMENT 16.1 Where the medical advice is that an employee cannot continue to carry out the duties of their current post due to their physical or mental state, Managers should endeavour to seek alternative means of aiding a return to work in a capacity suited to the individual s health needs. This should be discussed with the individuals involved, the Human Resources and Occupational Health Departments and, if the individual wishes, Trade Union Representative. 16.2 The following alternatives should be considered: Phased Return to Work/Rehabilitation Period After a member of staff has been absent from work due to illness over a prolonged period of time a phased return to work may be recommended. The purpose of a phased return to work is to gradually rehabilitate an employee within an agreed timescale. Consideration may be given to: Short Term Modification of Workload Adjustment to Working Hours Mid Week Return The overall period of a phased return to work will be dependant on the individual case but will not normally extend beyond four weeks. Sickness Absence Policy / Version 8 / May 2015 11
The Line Manager and the member of staff will agree the general timescales, duties and working arrangements; however further advice can be sought from the Human Resources Management Team and/or the Occupational Health Department. Discussions will take place with the employee with regards to using accrued annual leave as part of the phased return to work period. A consistent approach should be adopted to this and where necessary guidance should be sought from Human Resources. Long Term Adjustment to Current Duties Where an individual has acquired a long-term disability, the possibility should be considered of modifying the role or method of undertaking so that the individual could continue to undertake their current job. A reasonable adjustment to the working environment or the provision of aids will be necessary. Departments would be expected to absorb minor inconveniences to allow this to happen. Redeployment/Alternative Employment Dependent upon the nature and permanency of the illness and the Occupational Health report, consideration should be given to the employee s suitability to undertake alternative employment if this is available. Where an individual has a long-term disability, the possibility of modifying the role should be considered. Retraining Dependent upon the nature of illness, retraining should be investigated in conjunction with the Occupational Health and Human Resources departments. 17. RETIREMENT ON GROUNDS OF ILL HEALTH 17.1 To apply for retirement on the grounds of ill health an employee must have at least two years pensionable service. Employees with at least 5 years reckonable service could have their service enhanced to provide increased benefits if it is deemed the employee is not capable of undertaking employment elsewhere. 17.2 An application for ill-health retirement should be voluntary and based on the recommendation of the employee s GP or the Occupational Health Physician. Once this recommendation has been received, the individual should then contact McKesson Payroll Services or the NHS Pensions Authority to obtain an estimate of benefits and further advice regarding eligibility. The individual must then contact their Human Resources Manager to request the forms from McKesson Payroll Services. By voluntarily signing the application form for ill-health retirement the employee is confirming that they are unable to continue to work for the Trust and termination of contract should be effective from the date of application. It is expected that all alternative forms of employment within the Trust will have been pursued at this point. If this is not the case termination may be delayed pending suitable alternatives being explored. Outstanding holiday entitlement at the date of application should be paid to the employee. Sickness Absence Policy / Version 8 / May 2015 12
17.3 When an employee has confirmed to the Manager that they wish to retire on the grounds of ill health their Human Resource Manager will explain the procedure to be followed. 17.4 The Trusts Payroll Provider McKesson will provide Form AW33 and the Human Resources Manager with the assistance of the line manager will complete the employer s section of the form. 17.5 Alternatively, if the individual prefers, they can ask their GP or Consultant to complete the medical section. However, it is advised that, due to their familiarity with the process, the Occupational Health Physician is probably better equipped to fulfil this function. 17.6 Each case is examined individually by the Pension Agency Advisers who will decide whether or not to approve the application. 18. TERMINATION OF EMPLOYMENT ON GROUNDS OF INCAPACITY 18.1 Where it is established through medical opinion that there is no possibility of the employee returning to work within a reasonable period of time and/or where none of the previous options are appropriate and/or have been exhausted, the employee s contract may be terminated. During the consultation process, if an employee disagrees with the medical opinion, he/she should be given a reasonable opportunity to obtain a second opinion. They will be responsible for any cost involved and must make the resulting report available to the Trust if it is to be taken into account. 18.2 During the consultation process the employee should be given time to consider the various stages and options. For the individual concerned it is a potentially traumatic process and needs to be handled with sensitivity and compassion. 18.3 For individuals who do not belong to the Superannuation scheme or who are not considered eligible for an incapacity pension contractual notice of termination of employment on grounds of incapacity will need to be given. Notice is at full pay, even if the sick pay entitlement is exhausted. Alternatively, pay in lieu of notice may be given. 18.4 Notice can be given when the procedures outlined have been completed regardless of how much of the individual s sick pay entitlement has been used. The employee will have no right to be compensated for the unexpired period of allowance. 18.5 Appeal Arrangements 18.5.1 Employees have a right of appeal against termination of employment on health grounds and must be advised of that right. 18.5.2 The employee must state their intention in writing to the Director of Human Resources within fourteen calendar days of receipt of letter confirming the decision. Sickness Absence Policy / Version 8 / May 2015 13
19. LOSS OF INCOME DUE TO AN ACCIDENT AT WORK NHS INJURY BENEFITS 19.1 General Points 19.1.1 The NHS Injury Benefits Scheme provides benefits for any NHS employee who as a result of an injury, disease or condition caused by their NHS employment: Is temporarily off work without pay or on reduced pay, or; Has their earning ability permanently reduced by 11% or more, or; Dies. 19.1.2 Although the Injury Benefits Scheme is overseen by a section of the Superannuation Division, it is not part of the NHS Pension Scheme although all staff are eligible. These benefits are quite separate to those provided under the National Insurance Injury Benefits Scheme administered through the local Benefits Agency. 19.1.3 Information concerning accidents at work should be sent to the Human Resources Department for the purposes of Injury Benefit administration. Advice will be given on action to be taken. 19.1.4 Costs of providing benefits and of obtaining external medical if this should be required will be charged to the relevant department. 19.1.5 If injury allowance is denied, the employee will have the right of appeal against this decision. In this case the Human Resources Department may seek the advice of the Injury Benefits Section at Pensions Department, Fleetwood. 19.2 Eligibility for Temporary Injury Allowance 19.2.1 Employees who are temporarily off work without sick pay, or on reduced sick pay because of the injury may be eligible for temporary injury allowance. The allowance tops up total income to 85% of the average pay the employee was receiving immediately before their pay was reduced because of the injury. 19.2.2 In relation to bonus payments, earnings will be determined by reference to the average earned per hour over the preceding 3 months but will not be paid for absences occurring more than 26 weeks after the date of the accident or the date of development of the industrial disease. 19.3 Eligibility for Permanent Injury Allowance If the amount an employee is able to earn is permanently reduced by 11% or more because of the injury, he/she may be entitled to a Permanent Injury Allowance. The allowance is intended to top up income to ensure employees have a guaranteed income. It is a percentage of average pay based on length of NHS service and the reduction in earnings ability. If employment ends because of the injury, employees may also qualify for a lump sum payment. Sickness Absence Policy / Version 8 / May 2015 14
19.4 Benefits for Widows and Dependants If the injury or disease results in death, an allowance may be payable to the employee s spouse and to certain dependants. Eligibility will be determined by the Injury Benefit Section of the Superannuation Division who administer the scheme. The allowances are intended to top up payments such as an NHS Widows, Widowers or Dependants Pension, or certain Social Security benefits, to ensure a guaranteed income. Sickness Absence Policy / Version 8 / May 2015 15
20. MONITORING AND EFFECTIVENESS Minimum policy requirements to be monitored Management of sickness in line with policy Process for monitoring e.g. audit Personal file audit Responsible Individual/ Committee/Group Human Resources Managers Frequency Annually Responsible Individual/ Committee/Group for review of results Director of Human Resources Responsible Individual/ Committee/Group for development and implementation of the action plan Human Resources Management Team/Line Manager Responsible Individual/ Committee/Group for monitoring of the action plan People Committee Sickness Absence Policy / Version 8 / May 2015 16
What to ask when an Employee Phones in Sick to Work Guidance for Managers Appendix 1 *Please note: The Sickness Absence Policy states that when an employee is absent, they must contact their manager or the person designated as deputy either in person or by telephone as soon as possible. Notes: Ideally employees should be informing managers on every day that they are absent unless covered by a sick note. Employees should be keeping managers informed at all times on developments in their health. If the manager has not had an update from the employee, they should be contacting the employee for an update, in order to make appropriate arrangements for the service and to ensure the employee is being given all of the support that they require. Line manager to ensure that E- rostering/esr is updated with absence reason and absence start date. Question Establish why the employee is absent. (If not sickness refer to Special Leave Policy What is the nature of the illness? Has the employee suffered from this problem before? How long is the employee likely to be off sick for? Ask them to provide you with a potential return to work date/estimated timescales. Is the absence work related? * if employee states this is an injury sustained at work, call HR for advice Any intervention required/is there any support from the Line Manager? E.g. Occupational Health referral Does the employee intend to go to the GP? Can alternative work/duties/hours be considered? Agree communication going forward Answer Sickness Absence Policy / Version 8 / May 2015 17
Appendix 2 BURTON HOSPITALS NHS FOUNDATION TRUST SELF CERTIFICATE FORM Employees should use this form for sickness periods lasting more than 3 days, and up to the 7th calendar day. The completed form must be submitted to your Line Manager. NAME. ASSIGNMENT NUMBER. DEPARTMENT.. FIRST DAY OF SICKNESS. REASON. DATE FIT TO RETURN TO WORK... FIRST DAY BACK AT WORK. Signed. Date Sickness Absence Policy / Version 8 / May 2015 18
Appendix 3 Return to Work Interview - To be completed during first shift back at work Employee Name: Was the correct Absence Notification given? Yes No If No Explain process Absence Period: to Total Working Days: Total Calendar Days: Reason for Absence: Was this absence linked to previous absence periods? Yes No Where required has a self-certificate (4-7 days of absence) or medical certificate (7+ days of absence) been received? Yes No If No Agree date when will be received 6 or more working days or 3 or more episodes of sickness absence in a rolling 3 month period Yes No If Yes Make employee aware that they are in the triggers and they may be invited to attend a sickness review meeting in line with the Sickness Absence Policy. 10 or more working days or 4 or more episodes of sickness absence in a rolling 12 month period. No If Yes Make employee aware that they are in the triggers and they may be invited to attend a sickness review meeting in line with the Sickness Absence Policy. Is any further support required to assist the employee s return to work? (please detail): Employee s Signature: Date: Manager s Signature: Date: Sickness Absence Policy / Version 8 / May 2015 19
Appendix 4 Invite to Stage 1 review meeting <Date> PRIVATE AND CONFIDENTIAL <Name and Address> Dear <Name> RE: Sickness Review Meeting Your sickness absence record has recently given me cause for concern and I would like to invite you to attend a Stage 1 review meeting on <date> at <time> in <place> to discuss this with me. This meeting has been convened in line with the Sickness Absence Policy and Procedure as your absences have hit the triggers in line with Stage 1 of the short term absence policy whereby you have been absent from work for: 6 or more working days or 3 or more episodes of sickness absence over the last 3 month period. 10 or more working days or 4 episodes of sickness absence over the last 12 months period. Please note that this meeting will seek to explore the reasons for the absence, whether there are any underlying problems associated with your absence and to explore if there is any support that can be offered to you in order to facilitate improved attendance. The outcome of this meeting may be that you could be placed on Stage 1 of the Sickness Absence Policy. You have a right to be accompanied at this meeting by a companion who may be a fellow employee or recognised Trade Union Representative. A copy of the Sickness Absence Policy and Procedure has been enclosed for your information. In the meantime if you have any queries please do not hesitate to contact me on Ext xxxx. Yours sincerely <Name> <Title> Sickness Absence Policy / Version 8 / May 2015 20
Outcome letter Stage 1 <Date> Appendix 5 PRIVATE AND CONFIDENTIAL <Name and Address> Dear <Name> RE: Sickness Review Meeting Thank you for attending the Stage 1 sickness review meeting on <date> with myself (at which you were accompanied by <name>). Also present from Human Resources (in an advisory capacity) was <name>. I have sent you two copies of this letter and would ask that you sign and return a copy once you have checked through and amended as necessary. If you do not return a copy within 7 days of the date of this letter, I will assume you are happy with the contents. At this meeting we discussed the reasons for your absence from work over the past 3/12* month period. Your total absence from work since <date> is <no> days and <no> episodes which has hit the short term absence triggers. It was agreed at this meeting that you will be placed on Stage 1 of the Sickness Absence Policy. *It was identified at this meeting that these absences may be related and as such a referral to Occupational Health was made. This has been arranged for <date>. We will meet again after your appointment to review Occupational Health s recommendations. *You informed me that these absences were associated with xxxx problem. We agreed that the following support would be put in place to facilitate improved attendance. *It was identified at the meeting that there appeared to be no underlying connections between these absences and as such you were informed that a sustained improvement is required. Your sickness will be monitored over the next 12 months and should not exceed the targets set out in the Policy: 6 or more working days or 3 or more episodes of sickness absence in a rolling 3 month period. 10 or more working days or 4 or more episodes of sickness absence in a rolling 12 month period. Your attendance will be reviewed again in three months time at a date to be arranged; however, if these triggers are exceeded before this review date then the review will be brought forward and you may progress to Stage 2 of the policy. You do have a right to appeal against this outcome to <Name>, <job title> within 14 days of receipt of this letter. If you have any queries please do not hesitate to contact me on Ext xxxx. Yours sincerely <Name> <Job title> Signed as an accurate record of the meeting:.. Date:. Sickness Absence Policy / Version 8 / May 2015 21
Appendix 6 Review letter, Step down Ref: PRIVATE AND CONFIDENTIAL <Name and Address> <Date> Dear <Name> RE: Sickness Review Meeting Thank you for attending the sickness review meeting on XXX with XXXX. You chose to attend the meeting unaccompanied. Also present from Human Resources (in an advisory capacity) was <name>. I have sent you two copies of this letter and would ask that you sign and return a copy once you have checked through and amended as necessary. If you do not return a copy within 7 days of the date of this letter, I will assume you are happy with the contents. At this meeting we reviewed your absence from work since you were escalated to Stage 1 on the XXXX. It was acknowledged that there has been an improvement in your attendance at work as you have not exceeded the targets set for the last 12 month period. It was therefore agreed at this meeting that you will be stepped down from Stage 1 of the Sickness Absence Policy and your attendance will continue to be monitored in the normal manner. If you have any queries please do not hesitate to contact me. Yours sincerely <Name> <Job Title> Sickness Absence Policy / Version 8 / May 2015 22
Appendix 7 Invite to Stage 2 meeting Ref: PRIVATE AND CONFIDENTIAL <Name and Address> <Date> Dear <Name> RE: Sickness Review Meeting I would like to invite you to attend a review meeting on <date> at <time> in <place> to discuss your sickness absence. This meeting has been convened in line with the Sickness Absence Policy and Procedure. Further to the Stage 1 sickness meeting held on <date> and despite the support provided to facilitate improved attendance, your absences has been <no.> days or <no.> episodes over the past 3/12 months which exceeds the triggers and targets set. The outcome of this meeting may be that you could be placed on Stage 2 of the Sickness Absence Policy. You have a right to be accompanied at this meeting by a companion who may be a fellow employee or recognised Trade Union Representative. A copy of the Sickness Absence Policy and Procedure can be obtained from the Trust s Intranet site. In the meantime if you have any queries please do not hesitate to contact me on Ext xxxx. Yours sincerely <Name> <Job Title> *delete as appropriate Sickness Absence Policy / Version 8 / May 2015 23
Outcome letter Stage 2 Appendix 8 Ref: PRIVATE AND CONFIDENTIAL <Name and Address> <Date> Dear <Name> RE: Sickness Review Meeting Thank you for attending the Stage 2 sickness review meeting on <date> with myself (at which you were accompanied by xxxx). Also present from Human Resources (in an advisory capacity) was <name>. I have sent you two copies of this letter and would ask that you sign and return a copy once you have checked through and amended as necessary. If you do not return a copy within 7 days of the date of this letter, I will take it you are happy with the contents. At this meeting we reviewed your absence from work since our Stage 1 meeting on <date>. (Whilst I acknowledge that there has been some improvement your attendance at work)*, (u)unfortunately your absence has again exceeded the targets set for the last 3/12 month period. It was agreed at this meeting that you will be placed on Stage 2 of the Sickness Absence Policy. As discussed in the meeting, I would like to remind you that a sustained improvement is required. Your sickness will be monitored over the next 12 months and should not exceed the targets set out in the Policy: 6 or more working days or 3 or more episodes of sickness absence in a rolling 3 month period. 10 or more working days or 4 or more episodes of sickness absence in a rolling 12 month period. Your attendance will be reviewed again in three months time at a date to be arranged. If however, these triggers are exceeded before this review date then the review will be brought forward and you may progress to Stage 3 of the policy at which point a final review meeting will be called. I would like to highlight that failure to improve attendance could ultimately result in dismissal. You do have a right to appeal against this outcome to <Name>, <job title> within 14 days of receipt of this letter. If you have any queries please do not hesitate to contact me on Ext xxxx. Yours sincerely <Name> <Job Title> Signed as a true and accurate record of the meeting:. Date:. Sickness Absence Policy / Version 8 / May 2015 24
Appendix 9 Review letter, Step down Ref: PRIVATE AND CONFIDENTIAL <Name and Address> <Date> Dear <Name> RE: Sickness Review Meeting Thank you for attending the sickness review meeting on XXX with XXXX. You chose to attend the meeting unaccompanied. Also present from Human Resources (in an advisory capacity) was <name>. I have sent you two copies of this letter and would ask that you sign and return a copy once you have checked through and amended as necessary. If you do not return a copy within 7 days of the date of this letter, I will take it you are happy with the contents. At this meeting we reviewed your absence from work since you were escalated to Stage XXXX on the XXXX. It was acknowledged that there has been an improvement in your attendance at work as you have not exceeded the targets set for the last 12 month period. It was therefore agreed at this meeting that you will be stepped down to Stage XXX of the Sickness Absence Policy. I would like to remind you that a continued improvement is required. Your sickness will be monitored over the next 12 months and should not exceed the targets set out in the Policy: 6 or more working days or 3 or more episodes of sickness absence in a rolling 3 month period. 10 or more working days or 4 or more episodes of sickness absence in a rolling 12 month period. Your attendance will be reviewed again at a date to be arranged; however, if these triggers are exceeded before this review date then the review will be brought forward and you may progress to Stage XXX of the policy. If you have any queries please do not hesitate to contact me. Yours sincerely <Name> <Job Title> Sickness Absence Policy / Version 8 / May 2015 25