Attendance Management and Sickness Absence Policy Updated: September 2016 Review Date: July 2018 Haslington Primary School Crewe Road Haslington Crewe CW1 5SL 0
Contents Description Page No Attendance Management Procedure 2 Scope 2 Governing Body Policy Statement 2 Reporting Procedure 3 Monitoring of Absence 3 Return to Work Meeting 3 Triggers for Further Action 3 Pay During Sickness Absence 3 Unauthorised Absence 3 Other Types of Absence 3 Confidentiality 3 Equality 3 Monitoring 4 Attendance Management Procedure 4 Confidentiality of Information 4 Section 1: 4 Manager and Employee Responsibilities Responsibility of Employees 5 Section 2: 5 Managing Absent Employees Administration Process 6 Maintaining Contact 6 Stress Related Absences 6 Self Certification and Fit Notes 6 Failure to Supply Fit Notes 7 Unauthorised Absence 7 Disability Related Absence and the Equality Act 2010 7 Fitness to Teach 7 Statutory Basis 7 Doctor, Dentist and Hospital Appointments 8 Return to Work Meetings 8 Section 3: 8 Short Term Absence Management Trigger Points for Short Term Absence 9 Disability Related Absence 9 Pregnancy Related Absence 9 Accident at Work (Industrial Injury) 9 Occupational Health Reports 9 Informal Stage 9 Failure to Meet the Required Improved Attendance 10 0
Description Page No Stage 1: 10 Formal Review Meeting Improved Absence 11 No Improvement/Remaining Unacceptable 11 Stage 2: 11 Formal Review Meeting Stage 3: 11 Formal Hearing Section 4: 12 Long Term Absence Management First Formal Meeting at 12 weeks 13 Second Formal Meeting at 18 weeks 13 Third Formal Hearing at 28 weeks 14 Dismissal Hearing 14 Appeal Against Dismissal 14 Absences Beyond 28 weeks 15 Section 5: Sick Pay and Annual Leave Accrual Exhaustion of Sick Pay 15 Annual Leave and Sickness Absence 15 Suspension and Sickness Absence 15 Abuse of Sick Pay 15 Appeal Against Suspension of Sick Pay 16 Equality 16 Monitoring 16 Review 16 Review and Approval of Policy by Governing Body 16 15 Appendices Appendix 1: Absence Management Flowchart 17 Appendix 2: Conduct a Hearing 18 Appendix 3: Appeals Procedure 19-20 1
Attendance Management Procedure This Policy and Procedure has been produced following the Cheshire East Model Policy and supports the Attendance Management and Sickness Absence Policy for Schools. Template letters and documents referred to within this document are available via the Attendance Management Toolkit on the Cheshire East Schools HR intranet site at: http://centranet.ourcheshire.cccusers.com:81/schools/schoolshr/pages/default.aspx Scope This policy applies to all school staff. The Governing Body has adopted and implemented these procedures for managing staff absences in order to minimise disruption and cost. Apart from the potential costs that may be incurred as a result of high levels of non-attendance, employers that take no steps to manage sickness absence are likely to experience: Excessive disruption to their business De-motivated staff Parental dissatisfaction Increased workloads for other members of staff A more stressful working environment Negative impact on pupil attainment Governing Body Policy Statement Lack of attendance management and sickness absence procedures or a relaxed attitude to absences, recording and monitoring can send a message to employees that a certain level of non-attendance is acceptable. Whilst the governing body and head teacher accept that most absences are a result of genuine illness, concern should be raised where the level, frequency or pattern of such absences are considered to be excessive or prolonged, as unnecessary or avoidable absences can affect a school s ability to provide a high standard of education, which can present a poor image to parents, pupils and the community. It is through the actions and management of such absences that the governing body and head teacher will enable the school to create a culture where all employees know that good attendance is expected. Clear attendance management and sickness absence procedures that are consistently and fairly implemented will convey to employees that their employer is concerned about their attendance and wellbeing, that managers genuinely wish to remove or reduce any work related factors that might discourage reliable attendance, and that taking time off work without good reason will not be accepted. The governing body have put these measures in place to encourage reliable attendance which will play an important part in reducing their operating costs and increasing efficiency and employee wellbeing. The governing body also recognises that it has responsibilities to deal with such attendance matters in a fair and consistent manner. This policy and accompanying procedure provide a framework for managing employees who are frequently absent, or remain absent for longer periods of time in order to: Promote good attendance using a fair and consistent approach to the management of unplanned absence without discrimination and with regard for confidentiality and dignity of employees. Enable managers to quickly identify, address and support relevant issues with employees, when attendance causes concern. Support employees through periods of ill health in order to assist them in their return to work whilst enabling managers to make appropriate decisions taking into account employee s individual circumstances, medical needs and the needs of the service. 2
Address absences with employees when they become unacceptable. Reporting Procedure All employees are required to follow the correct reporting procedure(s) and contact their designated member of staff on the first day of absence, giving reasons for their absence from work and an estimation of the length of their absence. Monitoring of Absence All absences from work will be recorded and monitored to ensure that managers are aware of an individual s absence record and can apply the procedure(s) consistently and fairly. Return to Work Meeting This should take place after every unplanned absence. A return to work meeting should be conducted by the manager to confirm the cause of the absence and ensure that the employee is fit to return to their normal duties or consider any adjustments that may be required on either a temporary or permanent basis. This should be a supportive meeting. Where a trigger point is reached, upon return of the employee the manager or other designated member of staff will also conduct an Initial Review Meeting as part the return to work interview, explaining to the employee the implications of their absence, and that any further absence may mean the employee is referred to the formal Managing Attendance Procedure. Triggers for Further Action The triggers apply to all unplanned absence whether covered by a medical note or not. The triggers to commence the informal review process are as follows: 3 separate absences or a total of 10 days or more in a rolling 6 month period A pattern of absences eg preceding or following bank holidays, school holidays, annual holidays or other Continuous absence(s) of more than 4 weeks Pay During Sickness Absence Payment of sick pay is dependent on employees adhering to the notification and certification procedures and is in line with the Conditions of Service for School Teachers in England and Wales (Burgundy Book) and the Authority s occupational sickness scheme. Failure to adhere to the required provisions may result in suspension of sick pay. Unauthorised Absence Unauthorised absence will be investigated and where appropriate dealt with as a conduct matter under the Disciplinary Policy and Procedure. Other Types of Absence Please refer to the Special Leave of Absence Policy for other types of absence. Confidentiality All matters relating to an individual s attendance will be treated in a sensitive, supportive and confidential manner. Equality The governing body will ensure that no employee will be disadvantaged on the basis of their gender or transgender, marital status or civil partnership, racial group, religion or belief, sexual orientation, age, disability, pregnancy or maternity, social or economic status or caring responsibility. This means that the policy may need 3
to be adjusted to cater for the specific needs of any individual including the provision of information in alternative formats where necessary. Monitoring Trigger points will be kept under review and their effectiveness evaluated as part of the monitoring policy. Data relating to attendance will be collated and monitored regularly to ensure that the policy is operating fairly, consistently and effectively. Issues that are identified from the data will be dealt with appropriately. Attendance Management Procedure Introduction It is accepted that employees may be unwell from time to time, resulting in absence from work. However, concern can arise where the level, frequency or pattern of such absences is considered to be excessive or prolonged. This procedure covers both short term intermittent absences and long term absence which continues for more than 4 weeks. All staff will report absence to the Head Teacher as detailed in the Staff Handbook. For the purpose of this procedure head teachers, governing bodies, line managers and other delegated managers with be known as the manager. Confidentiality of Information Information relating to an employee s absence is sensitive personal information and as such is covered by the Data Protection Act. Managers must ensure that they are aware of the requirements of the Act and adhere to them. SECTION 1 MANAGER AND EMPLOYEE RESPONSIBILITIES It is the responsibility of the manager to: Apply procedures relating to attendance and sickness absence in a fair, sensitive, reasonable and consistent manner Manage the attendance of their employees and ensure that flexible working arrangements are promoted where possible Record absences and monitor attendance by reviewing absence data on a regular basis and monthly as a minimum. Schools HR Consultancy provides absence reports to the school because we have bought into this service. Communicate the absence reporting procedure to their employees and ensure the document to be visible and accessible Maintain reasonable contact (i.e. weekly) with employees when they are absent Conduct return to work interviews for all planned and unplanned absences, and complete the relevant documentation Refer all absent employees to Occupational Health where the absence continues for more than 4 weeks, or immediately where the employee has been signed off by their GP with stress/anxiety/depression, or where you feel there is a genuine concern for their health and safety Obtain advice from Occupational Health and/or Schools HR Consultancy where required to investigate reasons around persistent short term or intermittent absences 4
Hold reviews as part of the return to work interview when trigger points are reached Progress employees through the procedure when attendance remains unacceptable Ensure that employees are trained in safe and healthy working practices and adhere to them Undertake risk assessments to ensure that the working conditions are as safe and healthy as possible, and that significant risks are appropriately managed Under the guidance of Occupational Health, seek to make temporary or permanent adjustments in the workplace in order to facilitate a successful and sustained return to work Responsibility of Employees: It is the responsibility and expectation of all employees to: Seek to achieve maximum attendance by adopting a positive approach to their own health and wellbeing and to the management of their absence Follow the correct reporting procedures provided by the manager when they are unable to attend work Maintain regular contact with their manager throughout their period of absence Provide medical statements as required by the procedure Look after his/her own health and wellbeing, seeking advice and support when there are health problems, or when circumstances arise Maintain an open dialogue with their manager regarding issues which impact on his/her ability to attend work and carry out their full duties Comply with requests to attend appointments with the Local Authority s Occupational Health Services Follow safe and healthy working practices and procedures, and report any concerns to their manager Comply with the requirements of this procedure SECTION 2 - MANAGING ABSENT EMPLOYEES Absence Reporting Procedure On the first day of absence the employee should make contact with their designated member of staff as soon as possible, preferably by a telephone call and not via text, detailing: That they are absent The reason for the absence The length of time they feel they will be absent and likely return to work date If they have made a GP appointment Where possible, any outstanding work that may need attention before their return Any pupil work that the school will need to provide cover for It is expected that employees will make contact personally with their manager to inform them of their absence. In exceptional circumstances it is reasonable to accept someone else making the call on the employee s behalf. 5
Administration Process The line managers should ensure that the Part 1 Sickness Absence form is completed via dashboard from the First day of every separate absence, and the Part 2 Sickness Absence Return to Work Form is completed at the end of every absence. This is important as it ensures correct recording of absence data for the monitoring of trigger points, and maintains the correct administration of sick pay. Fit notes should be electronically recorded (where applicable), photocopied and placed on the school file, and the original should be sent to the Employee Service Centre. Maintaining Contact Reasonable contact should be made from day one onwards. It is important for both managers and employees to retain a two way contact: the employee to keep the manager updated on his/her absence and the manager to keep in touch with the employee as a supportive mechanism, and as a way to inform him/her of any updates that may be relevant to the employee. Conversations will be supportive and approachable, and whilst some absences can be sensitive and personal it is reasonable for the manager to ask the employee relevant non-intrusive questions about their absence in order for them to put in place arrangements for cover, to maintain as little disruption as possible. It is important that the manager seeks further guidance and advice from Occupational Health and/or Schools HR Consultancy as to how to progress with managing the absence, and whether any other areas of support may be available. Managers must have the conversation with the absent employee about referring them to Occupational Health at the appropriate time. If the manager feels he/she is not receiving enough information from the employee, or has concerns regarding the employee s health, the manager should seek further guidance from Schools HR Consultancy. Where it is clear an employee will be absent from school for a long period of time, it is important for the manager to maintain sympathetic levels of contact with the employee (or another appointed member of their family or friend if the employee is too ill) to ensure he/she is kept up to date with treatment etc. and also to look at ways in which any employer support can be facilitated. Stress Related Absences When an employee reports that they are suffering from stress, stress related illness, anxiety or depression, or where the manager/head teacher believes they are, a referral to Occupational Health should automatically be made whether they are at work or absent. If they continue to remain in work a Stress Risk Assessment must be completed immediately and any stressors identified would need to be considered and/or temporarily removed (and noted on the form) under workplace adjustments. Self Certification and Fit Notes An employee can self certify for up to and including 7 calendar days due to sickness. After this, the employee is required to provide a Statement of Fitness for Work (fit note) which will indicate that he/she is: Not fit for work May be fit for work taking account of G.P. advice Such notes are provided (usually) by the employee s GP. Where a fit note is due to expire and the employee does not feel well enough to return to work, he/she must seek GP advice and request a fit note to cover the absence. The absence dates must be continuous in order for the employee to continue to receive sick pay. Where a fit note indicates that an employee may be fit for work the note will include suggestions for changes that could be made to the employee s duties, working environment or hours of work to enable him to return to work. This must be discussed with the employee and their manager before they return in order that full consideration can be given to accommodating any recommended adjustment(s). If the manager is concerned by 6
the recommendations, or feels that the adjustments are not suitable for the employee s job role he/she is advised to seek further guidance from Occupational Health and/or Schools HR Consultancy. Under the Equality Act 2010 (Disability Discrimination Act 1995) it is the manager s legal responsibility to identify if any reasonable adjustments can be made to working arrangements to accommodate the needs of a disabled employee and support attendance. If the manager is unable to facilitate the recommended adjustment(s) the fit note will be read as the employee is not fit for work and the employee will remain absent. It is recommended that the manager refers the employee to Occupational Health immediately. Further advice must be sought from your HR Officer. Failure to Supply Fit Notes Where there is a failure to provide an appropriate medical statement to cover any part of an absence exceeding 7 calendar days, managers will write formally to the employee, using the template letter within the Attendance Management Toolkit, to inform them that if they do not provide the necessary certification for their absence by the deadline date that pay may be withheld until such time as they have followed the correct procedure. Where no certification is provided, the absence will be treated as unauthorised. Unauthorised Absence Unauthorised absences will be recorded by managers and count towards triggers. In such cases managers will first try to establish the reason for the absence by telephone or by letter. Where these methods create no response the manager will write formally to the employee using the template letter in the Managing Attendance Toolkit to inform them that if they do not respond by a deadline date pay may be withheld until such time as the circumstances of the case can be verified. Continuous or frequent occurrences of unauthorised absence may constitute gross misconduct, and will be investigated under the School s Disciplinary Procedure, potentially leading to dismissal. Examples of Unauthorised Absence: Non compliance with the relevant absence reporting procedure Leaving the workplace without permission during working hours Sickness absence lasting more than 7 calendar days for which no medical statement has been provided within a reasonable period of the timescales set within the procedure Failure to attend work after permission for time off has been refused e.g. holidays Failure to report for duty without approval (not sickness related) Disability-Related Absence and the Equality Act 2010 A key requirement of the Disability Discrimination Act 1995 is for the employer to make reasonable adjustments to accommodate the needs of a disabled individual to enable them to undertake their role. This requirement is also part of the Equality Act 2010. The employer is required to think broadly of adjustments that could be made and to give the matter serious thought. The employer can discuss possible adjustments with the disabled employee but cannot rely on the employee alone to think of adjustments. If specialist equipment is required, managers can contact Access to Work to arrange for an assessment. Disability related absences can vary from time to time and medical conditions can change. If this happens, the manager should arrange a meeting with the employee to talk through any adjustments and offer Occupational Health support. Notes of the meeting should be kept, and a copy given to the employee. Where health deteriorates to a point where no further suitable adjustments can be made, managers need to give consideration to other procedures i.e. ill health retirement. Fitness to Teach (Teaching Staff) Before taking any action in relation to a teacher s fitness to teach the head teacher or governing body must seek advice from Schools HR Consultancy. Statutory Basis The Education (Health Standards) (Regulations) England 2003 states that employers and training providers must ensure that a person has the health and physical fitness to teach. These regulations explain that a relevant 7
activity may only be carried out by a person if, having regard to any duty of his employer under Part II of the Disability Discrimination Act 1995 (DDA), s/he has the health and physical capacity to carry out that activity. If it appears to an employer that a teacher or other may no longer have the health or physical capacity to carry out a relevant activity the employer must follow the procedures under the 2003 regulations. Governing bodies and head teachers of academies and maintained schools with delegated budgets have powers to take emergency action and suspend teachers where it is believed he/she may have become medically incapable of performing teaching duties and are putting the health, education, safety or welfare of themselves, pupils and staff at risk, or where they have become medically unfit to perform teaching duties. Where a medical suspension may be necessary, the head teacher or governing body must immediately refer the teacher to Occupational Health and with Schools HR Consultancy guidance, put in place means of support for both the teacher and the school. Employers have the wider remit of considering whether a teacher in relevant employment has become medically unfit to perform teaching duties (whether or not emergency action has been taken by a school). Doctor, Dentist and Hospital Appointments Please refer to the School s guidance on Time off for Health Related Appointments. Return to Work Meetings A return to work meeting will take place with the employee and manager following every period of sickness/unplanned absence. The meeting should take place preferably on the first day back following absence and ideally before the employee begins work but if this is not possible within 2 days of his/her return. If the employee is worried about this meeting, they can, if they wish, ask a colleague to be present. It is important that the manager is informed of any recommended or requested workplace adjustments as soon as possible either prior to or upon return, so these can be discussed at the meeting. A return to work meeting is an opportunity for the manager and employee to discuss the reasons for the absence, any contributing factors whether work related or not, medical advice/treatment received, and whether there is a likelihood of a recurrence. This discussion will assist in ensuring a full understanding of the reasons for absence, together with an exploration of any additional support or risk assessments that may be needed. Before the return to work meeting takes place the manager should prepare by reviewing the employee s attendance record and identify whether their absences have reached a trigger point for a review, due to frequency, duration or pattern of absence, so the employee can be advised of this as appropriate. If trigger points have been reached, the manager needs to inform the employee that he/she will be discussing this as part of the return to work interview, as per the procedure. The Return to Work Meeting form can be found in the Absence Management Toolkit and must be completed to record the key points of the discussion. Also the Part 2 Staff Sickness forms are found in the Absence Management Toolkit and must be forwarded to the Employee Service Centre by the manager/school business manager/bursar in order to ensure that the employee s pay and absence records are correct. All outcomes of meetings and reviews must be documented and confirmed in writing to the employee, along with a copy of the relevant flowchart, detailing the key points of the discussion and including any agreed timeframes and further meetings as determined by the manager. SECTION 3 SHORT TERM ABSENCE MANAGEMENT Short term sickness absence under the terms of the Policy is defined as up to 4 weeks (28 calendar days). In order to maintain a fair and consistent approach the frequency and duration of an individual s attendance will be monitored over a rolling 6 months for all school staff, regardless of their Occupational Sick Pay Scheme. 8
Where an employee reaches any one of the identified trigger points (see below), the short term absence management process will be managed as follows: Return to Work Meeting/Initial Trigger Review Meeting Stage 1 Formal Review Meeting Stage 2 Formal Review Meeting Stage 3 Formal Hearing Trigger Points for Short Term Absence Before an informal review can take place, the employee must have reached the procedure s trigger points: 3 separate absences or a total of 10 days or more in a rolling 6 month period A pattern of absences e.g. preceding or following bank holidays, school holidays, annual holidays or other The above triggers will: Apply to absence whether covered by a medical statement or not Include absences for non personal sickness which cannot be covered by other authorised absence policies or flexible working options Include unauthorised absences where the correct notification procedures have not been followed Where any one of the above trigger points is met, the manager should carry out an initial review meeting as part of the return to work interview Where any of the recorded absence is related or potentially related to pregnancy, disability (as defined by the Disability Discrimination Act) or an accident at work (industrial injury), managers are advised to contact Schools HR before taking any further action. For reference the following applies: Disability Related Absence Disability related sickness absence will be recorded with other unplanned absence, but management consideration should be given to the reasons why. Please see the section Disability-Related Absence and the Equality Act 2010. Disability will be in accordance with the Disability Discrimination Act (DDA) and as defined in the Equality Act 2010. Pregnancy Related Absence Employees who are pregnant are protected from discrimination if the absence is due to pregnancy. Such absences should not count towards the calculation of triggers. For further information please refer to the intranet site and the Occupational Maternity Schemes (B29 for teaching staff and C27 for support staff). Accident at Work (industrial injury) Absence resulting from an injury at work that was not caused by the employee s negligence will still be recorded but will not count towards the calculation of triggers. Occupational Health Reports Upon receipt of any Occupational Health report, contents need to be considered by the manager and may need to be discussed with the employee either during or outside an agreed meeting, depending on their content. Any discussions and agreed recommendations should be confirmed in writing. INFORMAL STAGE Return to Work Meeting and Initial Trigger Review Meeting The manager will sit down with the employee and follow the normal return to work interview process. Following this, the line manager will then explain that due to the last absence the employee has reached the trigger for: 9
3 separate absences or a total of 10 days or more in a rolling 6 month period; or A pattern of absences that is causing concern This is an informal stage of the attendance management and sickness absence procedure. Managers should then discuss the absences that have caused the trigger. This is an opportunity for the manager to have an informal and confidential discussion with the employee around the reasons for the absence and the employee s circumstances, and allows the manager to proactively discuss and explore any potential underlying work or medical issues, including any disability, so that he/she can review any support and further assistance that may be required to help increase the employee s attendance. It also gives the manager the opportunity to find out from the employee what they themselves are doing to support their return to the workplace i.e. attending counselling, physiotherapy etc. A referral to Occupational Health may also be discussed and considered if the manager feels it is appropriate, particularly if stress/anxiety/depression are factors or if the employee requests it. Please see Stress Related Absences During the meeting the manager should explain what is expected regarding their attendance, identify any support that may be needed and where appropriate highlight the effect their absence may have on the school and other colleagues. The manager should conclude the meeting by explaining that attendance will continue to be monitored and reasonable improvement and targets will be sought where appropriate. Any further unacceptable absences or exceeded targets may lead to a meeting at the First Stage Formal Review Meeting. The meeting should be confirmed in writing on the review form detailing the key points of the discussion with a copy to the employee. A copy of the relevant flowchart should be included (an example of this can be found at Appendix 1) If following the meeting, the employee s attendance improves to an acceptable level further reviews will not be necessary and the employee should be advised of this as appropriate. Failure to Meet the Required Improved Attendance If an employee s persistent short term absence remains unacceptable or has not improved within the agreed timescale, employee will be advised that the First Stage Meeting of the Attendance Management and Sickness Absence Procedure for Schools will be arranged. Likewise if attendance has improved but is still of concern, the First Stage Formal Review Meeting will still go ahead. Stage 1 Formal Review Meeting The letter of invitation will allow 5 working days notice from receipt of the letter. At the manager s request a HR Officer may be present at the First Stage Formal Review meeting. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. The purpose of this meeting is to formally review the employee s attendance record to date, discuss what support they have received so far and what further support may be necessary to assist them in improving their attendance. The discussion should be a supportive discussion regarding the reasons for the absences, and to explore all options or reasonable adjustments as appropriate. The manager should arrange a referral to Occupational Health if this has not been done already. The following should be discussed as appropriate: Advice provided by Occupational Health 10
Whether any further advice is required What reasonable adjustments would assist the employee in their current role, including flexible and mobile working options where appropriate In exceptional circumstances whether it would be in the school s interests to consider a referral for private diagnostic appointment (funded by the school) Opportunities for alternative duties within the same school Any other information relating to the employee that may have an impact on their ability to sustain a return to work A need to undertake a stress or job risk assessment Improved Absence If following the First Stage Review meeting attendance improves, the employee will revert to normal attendance management arrangements. No Improvement/Remaining Unacceptable If an employee s absences remains unacceptable i.e. further absences occur or targets have not been acheived, the employee will be advised that the short term absence has progressed to a Stage 2 Formal Review meeting. Stage 2 Formal Review Meeting Where evidence suggests that the attendance levels remain unacceptable a Second Stage Meeting should be arranged. The letter of invitation will allow 5 working days notice from receipt of the letter. A HR Officer should be in attendance at the Second Stage Formal Review Meeting. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. The purpose of this meeting is to review the employee s attendance record to date, determine if there is any further support that can be offered to the employee to assist them in improving their attendance and establish what the employee is doing in order to improve their attendance. The following should be discussed as appropriate: Advice provided by Occupational Health Any progress since the First Stage Meeting Whether any further advice is required What reasonable adjustments would assist the employee in their current role, including flexible and mobile working options where appropriate In exceptional circumstances whether it would be in the school s interests to consider a referral for private diagnostic appointment (funded by the school) Opportunities for alternative duties within the same school Any other information relating to the employee that may have an impact on their ability to sustain a return to work It should also be made clear at this meeting that the attendance is of concern and that it must improve from the current unacceptable levels. Employees should be advised that failure to do so will result in the matter being escalated to the Third Stage Hearing process, and this could lead to their contract of employment being terminated due to non attendance. Stage 3 Formal Hearing Where evidence suggests that an employee s attendance has consistently failed to improve or targets have not been reached following the previous stages, a Third Stage Hearing should be convened. 11
The Hearing will be heard by the head teacher or one or more Governors if the head teacher has been involved at an earlier stage, together with a representative from Schools HR acting in an advisory role. The format of the hearing can be found in Appendix A. A letter of invitation will allow 10 working days notice from the receipt of the letter. A HR Officer should be in attendance at the Stage 3 Formal Hearing. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. The hearing will consider a history of the case to date and whether any further support or actions are appropriate in the circumstances. A case history can include the absence record; the impact the absence has on the school, standards of teaching/learning, service delivery and other staff; financial and cost implications, representations made by other staff/or their representatives; actions taken to enable the employee to continue in employment, any medical advice (including Occupational Health reports) received, and any other relevant documentation. The employee will have an opportunity to give their opinion with regards to their health and fitness for work. At this hearing a decision will be made to either: Review the situation for a period of time not exceeding one term including obtaining further medical advice if required. Where there is a further absence during this review period, managers should consult with Schools HR, and where applicable, move to the dismissal procedure. Where it is appropriate to keep an employee under review for a specified period of time, the Third Stage Hearing will be reconvened at the end of that period. Dismiss the employee on the grounds of the employee s inability to fulfil their contract of employment due to non attendance. The outcome of the meeting should be confirmed by the governing body in writing by letter to the employee, normally within 5 working days. With regard to community or controlled schools, a letter will also be sent from the local authority. If the employee is dismissed, they have a right of appeal against the decision, which must be presented in writing to the clerk to the governors within 10 working days of receiving the dismissal letter. The appeal will be heard by a panel of governors with no prior involvement in the case. Please see Appendix B. SECTION 4 - LONG TERM ABSENCE MANAGEMENT Long term absence is an absence of more than 4 weeks. During such absences it is particularly important for managers to maintain regular contact with the employee, whilst being sensitive towards the circumstances of the absence, and where it is clear the employee will need to be managed under this process, make the employee aware of this. At the 4 th week of absence, the employee should be referred to Occupational Health as a duty of care. Long term absence review meetings will consist of the following process: A first formal meeting at 12 weeks absence; A second formal meeting at 18 weeks absence, and where it is clear that there is no foreseeable return to work date; A formal hearing at approximately 28 weeks absence 12
In addition to the formal meetings, managers can request a meeting informally at 4 and/or 8 weeks if they feel it would be beneficial. First Formal Meeting at 12 Weeks A first formal meeting should be arranged by the manager at 12 weeks if the employee is still absent from work and a return to work date has not been provided. The letter of invitation will allow 5 working days notice from receipt of the letter. At the manager s request a HR Officer may be present at the 12 week review meeting. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. The purpose of the meeting is to review the employee s absence from work to date, what support they have received and what further support may be necessary to assist them in their return to work. The following should be discussed as appropriate: Explain the procedure to the employee How long the absence is likely to last Advice provided by Occupational Health Whether any further advice is required What reasonable adjustments would assist the employee in their current role In exceptional circumstances whether it would be in the school s interests to consider a referral for private diagnostic appointment (the school will fund this) Opportunities for alternative duties within the same school Any other information relating to the employee that may have an impact on their ability to return to work The outcome of the meeting will be confirmed in writing to the employee and a copy retained on the employee s file at school. At this meeting a date should be agreed between the manager and employee to meet again at 18 weeks if it seems unlikely the employee will return, or there is no foreseeable return to work date prior to then. Second Formal Meeting at 18 Weeks The letter of invitation will allow 5 working days notice from receipt of the letter. A HR Officer should be in attendance at the Second Stage Formal Review Meeting. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. Further consideration will be given to: How long the absence is likely to last Any progress since the previous first formal meeting Any further advice provided by Occupational Health or other specialists Adjustments to hours, duties and location What additional support can be offered to assist the employee to return to work Opportunities for alternative duties within the same school Whether ill health retirement may be appropriate 13
The outcome of the meeting will be confirmed in writing to the employee and a copy retained on the employee s personal records. Third Formal Hearing at 28 Weeks In most cases, schools can expect to determine an employee s position with regard to any likely return or termination of employment at the formal 28 week hearing, and the employee and his/her representative should be advised of this at the previous meeting. The letter of invitation will allow 5 working days notice from receipt of the letter. A HR Officer should be in attendance at the Third Formal Hearing. The letter will include the date, time and venue of the meeting, the people present, the right for the employee to be accompanied by their trade union representative or work colleague, and will include a copy of the relevant flowchart. Please see the Absence Management Toolkit for model invite letters. At this meeting consideration will be given to: The length of absence and the reason(s) for the absence Information gained at the second formal meeting The advice sought and received from Occupational Health and other appropriate medical practitioners regarding the health and capability of the employee Any reasonable adjustments considered/made including flexible and mobile working options, where appropriate Opportunities for alternative duties within the same school The likelihood of the employee returning to work in the foreseeable future Whether any other options are available to assist the employee in returning to work that have not already been discussed Whether retirement on the grounds of ill health is an option Having exhausted all other options, whether dismissal on the grounds of capability/non-attendance is the appropriate option On the rare occasions where dismissal could be recommended at 28 weeks, a decision can be made by the head teacher to refer the case to one or more Governors. In these circumstances the case will be heard by one or more Governors accompanied by a Schools HR Officer acting in an advisory role. Where the Headteacher has delegated powers to carry out the Initial Dismissal Decision and has not had any previous involvement in managing the case then they may hear the case. Where there is disagreement or dispute about the facts of the case or any advice which has been provided then this should be explored fully before reaching a decision to refer the matter for dismissal. Dismissal Hearing A letter of invitation will allow 10 working days notice from the receipt of the letter and will include the date, time, venue, people present and the right to be represented by a Trade Union representative or accompanied by a work colleague of their choice. The format of the meeting can be found in Appendix A. The outcome of the meeting will be confirmed in writing to the employee and a copy retained on the employee s file. With regard to community or controlled schools, a letter will also be sent from the local authority. Appeal against Dismissal The employee has a right of appeal against dismissal that must be presented in writing to the Clerk to the Governors within 10 working days of receipt of the letter of dismissal. The format of the appeal hearing can be found in Appendix B. 14
Absences beyond 28 Weeks with no Foreseeable Return to Work Long term absence should not normally extend beyond 12 months. All circumstances in each case will be taken into account when determining appropriate actions and managers must seek support and advice from Schools HR to ensure that a fair and consistent approach is adopted across schools. SECTION 5 SICK PAY AND ANNUAL LEAVE ACCRUAL Exhaustion of Sick Pay Once the employee has exceeded their entitlement to SSP/sickness benefit, medical certification will still be required in the form of a Doctors Certificate (fit note) to cover ongoing absence. For further information please see Cheshire East Borough Council s Occupational Sick Scheme Policy. Annual Leave and Sickness Absence Annual leave continues to accrue throughout periods of short and long term sickness absence. Where an absence extends beyond the end of a holiday year and the employee has not been able to use their holiday entitlement, the unused contractual entitlement will be carried forward and be added to the following year s holiday entitlement. If employment is terminated any remaining annual leave entitlement will be paid in the final salary payment. Employees may request to take annual leave during a period of sickness absence. If this is agreed by the line manager this will not end or interrupt the sickness absence and a break should not be recorded. Managers should communicate with Employee Service Centre to ensure that the correct pay elements are applied. If employment is terminated any accrued holiday entitlement accrued to the point of termination will be paid in lieu, in the final salary. Suspension and Sickness Absence If an employee falls ill whilst under suspension for a disciplinary matter, they must report this to their manager/head teacher and after a period of 7 days supply a medical certificate to cover their absence and be placed on sick pay for the period of time they are covered by a medical certificate. Arrangements should be made for the employee to attend an appointment with OHU if the absence continues beyond 7 days. If they are later certified as fit to return to work, they should return to normal pay but remain suspended (if this is still the case). The same applies to an employee who is absent and then suspended. Please refer to the Disciplinary Procedure for further details and discuss with your Schools HR Officer. Abuse of Sick Pay In most cases sickness absence is genuine and there is no need to suspend payment of sick pay. However there may be occasions where a manager has reasonable belief that the Sick Pay Scheme is being abused. In these cases managers may suspend the payment of an employee s sick pay. The manager must write to the employee to inform them that their sick pay may be suspended, giving the reasons, and invite them to a meeting to discuss the matter. Employees may choose to be represented by a TU representative or a work colleague of their choice. Following the meeting the manager will decide whether sick pay will be suspended and inform the employee in writing of the decision. An abuse of the Sick Pay Scheme will be dealt with under the Disciplinary procedure and a serious abuse may constitute gross misconduct. 15
Appeal against Suspension of Sick Pay Employees may appeal against the decision to suspend sick pay. An appeal should be sent to the chair of governors in writing within 10 working days of receipt of the written decision from the head teacher. The chair of governors will arrange a meeting and will be accompanied by an HR Advisor. The employee may be represented by a Trade Union representative or a work colleague of their choice. A decision will be made and confirmed in writing to the employee. Equality The governing body will ensure that, when implementing the Attendance Management and Sickness Absence Procedure for Schools no employee will be disadvantaged on the basis of their gender or transgender, marital status or civil partnership, racial group, religion or belief, sexual orientation, age, disability or pregnancy or maternity, social or economic status or caring responsibility. This means that the procedure may need to be adjusted to cater for the specific needs of an individual including the provision of information in alternative formats where necessary Monitoring Information relating to sickness will be collated and monitored regularly to ensure that the procedure is operating fairly, consistently and effectively. Issues that are identified from the information will be dealt with appropriately. Review This Policy and its Procedures will be reviewed in light of operating and/or changes in legislation Confirmation the Attendance Management and Sickness Absence Policy in respect of Haslington Primary School has been discussed and adopted by the Governing Body Signed by: Chair of L&M Committee: A. Miller Date: 30/11/2016 Chair of Governors: A. Lewis Date: 06/12/2016 Head Teacher: J. Fitzhugh Date: 30/11/2016 Agreed at the Meeting of the Governing Body on: 06/12/2016 To be reviewed: July 2018 Useful Links: Sickness Scheme Maternity Leave Ill Health Retirement Flexible and Mobile working Parental Leave Policy 16
17 APPENDIX 1
CONDUCT OF A HEARING APPENDIX 2 The procedure to be adopted at any hearing will normally be: 1. The hearing will normally be conducted by the head teacher (up to and including dismissal stage). They may be accompanied by an appropriately qualified advisor (e.g. Education HR Representative) who will be to assist in the conduct of the hearing. Consideration should also be given to having a person present to take notes, although in more straightforward cases the advisor may undertake this role. 2. The person or group conducting the hearing will satisfy themselves that the employee understands the purpose of the hearing, the nature of the complaint(s) and the possible implications arising from it. 3. The case against the employee will be presented normally by the appointed presenting officer. The case will be presented and may include witnesses, written statements or other documents where these are necessary. If written statements or other documents are to be presented, copies of these should normally be sent to the employee and/or their representative with the letter convening the hearing. 4. The employee and/or representative will be given the opportunity to question the presenting officer as well as any witnesses who may have given evidence. 5. The employee or their representative will then be invited to respond to the case as presented. The employee may also produce witnesses, written statements or other documents in support of their case. Where it is the intention to submit written Statements of Case, these should be exchanged by both sides prior to the hearing. Where witnesses are School/Academy employees, they should be given reasonable time off with pay to attend the hearing. 6. The presenting officer will be given the opportunity to question the employee, their representative and any witnesses called in their defence. 7. At any stage during the hearing, the person or group conducting the hearing and any advisor(s) may ask questions of the employee or the presenting officer, as they may consider appropriate in order to ascertain the facts and arguments. The formulation of views before the end of the hearing should be avoided. 8. The presenting officer will then be invited to make a closing statement not introducing any new material. 9. Either party may ask for an adjournment at any stage of the disciplinary hearing. 10. Finally the employee or their representative will be given the opportunity to make a closing statement also without introducing any new material. 11. If at any point the person or group conducting the hearing considers in the light of the information presented, that there is a need to collect additional evidence to assist in making a decision, they may adjourn the hearing to enable this to happen. This must be done quickly and the employee must have the opportunity to respond to the new evidence. 12. Both parties will withdraw to allow the person or group conducting the hearing to review and consider the evidence in conjunction with any advisors. 13. The person or group conducting the hearing will then recall both parties to inform them of their decision. The decision should normally be announced personally to the parties as soon as it is possible on the day of the hearing. If it is not possible to make a decision immediately the parties should be informed of this. In any event a decision must be made and communicated to the employee within 5 working days of the hearing. The decision should be confirmed in writing and delivered to the employee either by hand or recorded delivery, with a copy to the trade union or other representative. 18