Return to Work Discussion: Guidance for Managers 1. The discussion The return to work discussion should take place in private and should be part of normal routine following any episode of absence. In the majority of cases, the interview will be informal, simple and should not take very long. You should, however, ensure that the employee is aware that you have scheduled time to spend with them and you will not be interrupted. The employee should feel that you are supportive of them. Return to work discussions should take place as soon as possible and ideally on the day of return. 1.1 Purpose of discussion To welcome the employee back to work To ensure that the employee is fully fit to return to work and identify any additional risks. To identify the reason for the absence and confirm the correct dates are recorded To identify and address any problem (work related or non work related) that may be contributing to the absence. To discuss any advice given on the Statement of Fitness for Work, if the General Practitioner has ticked the may be fit for work box. These include:- Phased return to work e.g. working on reduced hours and gradually increasing over a period of time. Altered hours e.g. temporarily working more flexibly. Amended duties e.g. reducing heavy lifting/removing the most pressured part of a job role. Workplace adaptations e.g. arranging for a car parking space on campus/moving to a ground floor office. Adjustments may be temporary for an agreed period of time as specified by the GP. In some cases, consideration may need to be given to more permanent adjustments, but this should be in consultation with the employee, Senior Management and our HR advisers. Be aware that any advice given by the GP should be discussed at the Return to Work meeting. If it is not possible to make the adjustments suggested by the GP, the Statement should be used as if the GP had advised not fit for work. Prior to the employee returning to work, you may have a telephone conversation with them to initially discuss any advice their GP has given on the Statement of Fitness for Work. You will need to advise the employee that whilst every effort will be made to adhere to the advice provided by the GP, this may not always be possible. This initial discussion will be expanded upon at the Return to Work Meeting. If it is not possible to make the suggested changes, the employee will need to be sent home from the Return to Work Meeting, and will continue on sickness absence, until such a time that the charity is able to make the changes suggested by the GP, or the GP signs the employee as fit to return to work. To up-date the employee about what may have changed during their absence and to agree actions moving forward. 1.2 Preparation Ensure that the correct information is to hand. 1
Check the records for the current absence and also the absence history, where relevant. Be prepared to discuss any trends or patterns. For example: Are the absences regular or erratic? Does the absence precede or follow leave or weekends? In which part of the week do the absences occur? What is the average length of absence? Are the reasons varied or is there a pattern? This is an informal discussion and you are trying to establish facts. It is essential to approach the meeting with an open mind without any pre-judgements. 1.3 The Discussion The meeting should take place in a private environment where there will be no interruptions. The purpose of the meeting is to discuss the absence and determine the cause of the absence. Ask open questions and listen to what is being said. Keep your body language open and relaxed. Discuss the absence history and be sensitive where personal problems and illnesses are involved Is there a work related aspect? Discuss whether adjustments to the workplace in the form of hours or activities would reduce the absence. These may have been specified on the Statement of Fitness for Work, by a GP. Are there any other problems affecting the employees attendance (these may be totally unrelated to health or illness)? If there is any conflict with what is being said ask for an explanation Discuss the effect of the absence on the team Ensure that the employee is aware of the standard to attend work and discuss and agree targets with timescales for review. Discuss onward actions which may be necessary. (For example, a formal review meeting, referral for medical/hr advice etc.) You may also need to complete a risk assessment, if adjustments have been made. You may wish to record actions on an Action Plan. Complete the documentation and ensure the employee agrees with what is written and signs the record. The completed document should be kept in a confidential record. In some circumstances, where the absence is of a short term of 1 to 2 days, a formal meeting with the individual may not be required but you should still have a discussion with them to confirm that they have recovered from their illness and that that are well enough to be at work in order that you can complete the Return to Work assessment form. 2. Sources of further information and Guidance: Attendance Management Policy Self Certificate Sickness Absence Reporting & Recording Procedure Return to Work Discussion Form and Action Plan and associated Guidance 2
DWP Statement of Fitness for Work-A guide for employers http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf 3
3. Completing the Return to Work Discussion Form Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8 Complete the employee details including the dates of the most recent absence, the absence history and whether any trigger points have been reached. During the discussion, the reason for the absence should be clarified. This may be different from the initial reason for absence. If the absence was not due to the employee s illness, document this here. Other reasons may be sickness of a relative or child, carer or childcare issues, transport problems or that they did not want to come to work etc. If the absence was related to work, document this here. Was it due to an accident, work related illness, work related stress etc. Consider whether this absence should be reported under RIDDOR. (Contact Health and Safety Officer for guidance). Is the employee fit to be back at work? Are they fit to work their normal hours and duties? Are they fit to work modified hours or duties for a graduated return, as specified by their GP? *see examples at the end of this guidance. If they are not fit for reduced or modified activities or hours, they may need to go back to see their GP and take some more time away from work. If there are modifications to activities or hours, detail these in this section. Temporary changes in hours may help the employee to attend work if there are carer or childcare issues. If there is additional support required, for example specific training, a work buddy to help with lifting mobility, counselling support or other help, document this here. Detail what support you as the line manager will be providing. What follow up action is needed? If the employee is fit for work and there are no ongoing issues, then no follow up is required. If temporary modifications have been put in place, then a review period should be identified and agreed. This may have been suggested by the GP, on the Statement of Fitness for Work. If attendance has been a cause for concern and trigger points have been reached, then a target for ongoing attendance should be agreed and a review date identified. If attendance is a concern and there have been no improvements, a formal review with HR involvement will be necessary. There may be ongoing health concerns and you may agree a referral to Occupational Health/Medical assessment is necessary to provide you with further advice. The employee should agree with the content of the form and sign. You should also sign and date the form. Accessory Action Plan. There may be a number of actions identified during the discussion or there may be outstanding issues from a previous return to work discussion. If this is the case, then this should be recorded on the accessory action plan. 4
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4. Phased Return to Work: Some examples of modifications If the employee has been away from work for more than four weeks or has been absent with a serious illness, they may benefit from a phased return to work. The aim of a phased return is to assist the employee to return to work in a way that aids their continued recovery 4.1 Working Hours The employee may benefit from a short period of reduced hours. This should be planned to gradually increase over a period of four to six weeks. In some cases, a graduated return can help someone to return to work earlier than if they waited until they were fully fit. If they normally work full time, a return to three half days in the first week (e.g. Mon, Weds, Fri) may be helpful. You can then agree an increase in the number of days or the number of hours gradually over four six weeks, until the employee is working normal or near normal hours. During this time, regular reviews must take place to ensure that the employee is coping with the return. It is important to identify these review dates in advance. Make sure that the employee understands that if they are not coping, they should tell you straight away. You may also agree that, if the employee is coping and is keen to progress, the return can be accelerated. 4.2 Altered Hours The employee may benefit for a change to the hours that they work, in order for them to return to work. This does not necessarily mean working fewer hours. You could provide the option to start and/or leave later to avoid rush hour traffic. You could also allow more flexible hours to support someone to attend treatment sessions during the working day. 4.3 Amended duties At the same time as adjusting hours, some adjustment in work content may be necessary, for example, removing some aspects like lifting, working at height, working with machinery, facing the public or working with time pressures. These modifications will depend on the reason for absence. 4.4 Workplace adaptations It may be necessary to adapt the workplace to take into account an employee s condition. This could be arranging for an office on the ground floor, or a parking space for a period of time. 4.5 Action Plan/Return to Work Programme If you consider a phased return to work appropriate, you should agree a written return to work programme with the employee that details the following: Attendance what days the individual will work and what hours Duties what they will be doing. 6
Start and end dates for the phased period. Agree review dates. Support what level of support you will offer the employee during the programme Training - there will be a need for a refresher on return to work and also assess training needs if the employee is returning to alternative work Remember to balance team needs against those of the employee (the rest of the team should be briefed about the arrangements) An agreed programme does not have to be inflexible. It may be that the employee is progressing quickly and is ready to return to normal work sooner that anticipated. On the other hand, they may take longer than planned to get back to their usual routine. Provided that you monitor and review the programme, you will be able to respond as necessary. If the employee is unable to complete the action plan or further absence occurs, then you should seek further advice from HR as to future management. A referral to Occupational Health may be necessary. 4.4 Payment during phased return to work Where a phased return to work is agreed, the following arrangements in respect of pay will be put in place: Where an employee is still entitled to occupational sick pay at full pay, they will receive full pay during their phased return regardless of the number of hours worked. Where an employee has ceased to be entitled to occupational sick pay at full pay but is entitled to half pay sick pay, they will receive: half pay for any hours worked up to 18.5 per week (0.5fte) over 18.5 hours (0.5fte) but under full-time: payment for hours worked. On return to full time hours: return to full pay. When an employee has exhausted all entitlement to occupational sick pay they will be paid for the number of hours worked during their phased return. 4.5 Hints and tips Try not to offer too much support. The dates for review should be fixed and the employee should be told to contact you if there problems arise between review dates. Adjustments to the programme can be discussed at the review meetings. The phased return can be extended beyond six weeks, but advice from our HE advisers should be sought before doing this. Consider other areas within the team that an employee could contribute. This can help them to overcome any anxieties about coming back to work. Document all review meetings and outcomes You should conduct an individual risk assessment and particularly so in complex cases. There may be a need to seek OH/medical advice before agreeing to the phase in. 7