MANAGING SICKNESS ABSENCE MANAGER S TOOLKIT FREQUENTLY ASKED QUESTIONS. Can services apply different sickness absence notification arrangements?

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1 MNGING SICKNESS BSENCE MNGER S TOOLKIT NOTIFICTION & CERTIFICTION FREUENTLY SKED UESTIONS Can services apply different sickness absence notification arrangements? The standard notification requirements set out in Paragraph of the Policy and Procedure on Managing Sickness bsence apply across all council services. Employees must notify on the first day of sickness absence and make contact again on the fourth day. medical certificate must be submitted in respect of absences of more than seven days duration. Services are free however, to apply local arrangements in respect of the times that employees are required to report their absence on those days to take account of operational requirements (e.g. shift working). ny such local arrangements will be the subject of consultation with the trade unions. Should back-dated medical certificates be accepted? Employees are not entitled to be paid sickness allowance if they fail to certify their absence. Sickness allowance may, after investigation, be withheld for the period in question and the matter dealt with as a disciplinary issue. If, however, the employee is able to provide an acceptable reason for submitting backdated medical certificates, then retrospective payment may be authorised. How do employees obtain self-certification forms? Employees returning from a period of sickness absence should report to their line manager to obtain a self-certification form. When an absence continues beyond seven days, the line manager should send the employee a self-certification form for completion and return. HOME VISITS Can I meet with an employee in their home if they are unable to attend meetings at their place of work? If an employee s medical condition prevents him or her from attend a meeting at their normal place of work or at another council office/establishment then a home visit can be arranged subject to the agreement of the employee. Wherever possible, to help put the employee at ease at least one of the officers attending a home visit should be known to the employee. What if an employee does not agree to a home visit? In a similar manner to the approach taken where an employee fails to attend appointments with the council s Occupational Health dviser, it may be necessary to progress the matter based on the extent of the information available to the manager at the time. However this should be done in consultation with Human Resources. DT LBEL: Internal Only 1

2 RETURN TO WORK MEETINGS Who should conduct return to work meetings? Return to work meetings should be conducted within the stipulated timescale, by the employee s immediate line manager. Where this is not possible, for example due to the absence of the manager, another appropriate officer should conduct the meeting. SICKNESS BSENCE MONITORING How is sickness absence monitored? Managers are responsible for monitoring the sickness absence of their staff and should maintain their own records for that purpose. These records are supplemented with monthly information from Human Resources identifying employees whose sickness absence level has reached the corporate trigger level. Human Resources also monitor council-wide absence statistics together with the subsequent action taken by individual services to manage sickness absence cases, to ensure corporate compliance with the Policy on Managing Sickness bsence. What does a rolling 12 month period for monitoring purposes mean? In determining whether an employee s absence has reached the corporate trigger level, managers should review an employees absence recording during the 12 months prior to, and including, the last day of the employees most recent period of absence. If the total number of absences during this period equate to or exceed 6 days and/or 4 occasions then the employee will be deemed to have met the corporate trigger level. This will apply irrespective of whether or not any action has been taken during this 12-month period (e.g. counselling, Stage 1 bsence Meeting etc) BSENCE MEETINGS When should an bsence Review Meeting be held? n bsence Review Meeting should normally be held where; (ii) an employee s absence has reached the corporate trigger level in the monitoring period following a Counselling Meeting and a referral to the Occupational Health dviser is necessary. an employee has been absent for a continuous period of more than 4 weeks The purpose of the bsence Review meeting is primarily to advise the employee of the medical referral process, the reasons for the referral and other relevant aspects relating to the employee s absence. In cases of continuous absence, an bsence Review meeting should also be held on each occasion that a new Occupational Health report is received. Further bsence Review meetings may also be necessary in order to monitor an employee s medical condition/progress. DT LBEL: Internal Only 2

3 When should a Stage 1 bsence Meeting be held? Stage 1 bsence Meeting should be held where; an employee s absence has reached the corporate trigger level in the monitoring period following a counselling meeting (subject to the provisions relating to the disregarding of certain periods of absence, as outlined in section of the Policy & Procedure on Managing Sickness bsence) (ii) an employee has returned from a period of continuous absence which is not to be disregarded under section of the Policy & Procedure on Managing Sickness bsence and is not currently on any stage of the procedure Prior to a Stage 1 bsence Meeting being convened, an bsence Review Meeting should be held unless the circumstances are such that a referral to the Occupational Health dviser is not appropriate. Guidance on conducting a Stage 1 bsence Meeting is contained within the dditional Guidance section of this toolkit. When should a Stage 2 bsence Meeting be held? Stage 2 bsence Meeting should be convened where; n employee s absence has reached the corporate trigger level in the monitoring period following a Stage 1 bsence Meeting (subject to the provisions relating to the disregarding of certain periods of absence, as outlined in section of the Policy & Procedure on Managing Sickness bsence) (ii) n employee has returned from a period of continuous absence which falls within the monitoring period following a Stage 1 bsence Meeting and which is not to be disregarded under section of the Policy & Procedure on Managing Sickness bsence The circumstances of the case will determine whether or not it is appropriate to make a referral to the Occupational Health dviser prior to a Stage 2 bsence Meeting. Guidance on conducting a Stage 2 bsence Meeting is contained within the dditional Guidance section of this Toolkit. When should a Final bsence Meeting be held? Final bsence Meeting will be convened where; an employee s absence has reached the corporate trigger level in the monitoring period following a Stage 2 bsence Meeting (subject to the provisions relating to the disregarding of certain periods of absence, as outlined in section of the Policy & Procedure on Managing Sickness bsence) (ii) an employee has returned from a period of continuous absence which falls within the monitoring period following a Stage 2 bsence Meeting and which is not to DT LBEL: Internal Only 3

4 be disregarded under section of the Policy & Procedure on Managing Sickness bsence (iii) the Occupational Health dviser has confirmed that the employee is permanently unfit to carry out their role (iv) in the case of continuous absence, despite consideration of all reasonable adjustments, the employee remains absent and it is considered that the absence is no longer sustainable by the service. Prior to the Final bsence Meeting being convened, the employee must be referred to the Occupational Health Physician for an up to date medical opinion and in the case of ill-health retirement, an independent medical confirmation of permanent incapacity. Guidance on conducting a Final bsence Meeting is contained within the dditional Guidance section of this Toolkit. re employees entitled to be accompanied at absence meetings? Employees attending formal absence meetings under the Procedure for Managing Sickness bsence are entitled to be accompanied by a trade union representative or some other person of their choice if they so wish. Counselling meetings are on the other-hand, informal and should be a one-to-one discussion between the employee and their line manager. To maintain the informal nature of such meetings, it would not be appropriate for an employee to be accompanied. Who is responsible for conducting meetings under the Policy and Procedure on Managing Sickness bsence? Responsibility for conducting meetings at the various stages of the Procedure for Managing Sickness bsence will largely depend on the Scheme of Delegation to Officers in place within individual service areas. The only exception to this is Final bsence Meetings which must be conducted by Heads of Service. TIMESCLES FOR CONDUCTING MEETINGS What procedural timescales apply when holding meetings under the terms of the Policy on Managing Sickness bsence? It is essential that meetings convened under the policy are held promptly but in any event within the following timescales; Return to work meetings must be held no later than 3 working days following the employees return to work. (ii) Counselling meetings must be held no later than 10 working days from an employee s return to work. DT LBEL: Internal Only 4

5 (iii) Stage 1 and 2 bsence Meetings must be held no later than 2 weeks after an employee s return to work or, where an occupational health referral has been made, no later than 2 weeks after receipt of the Occupational Health dviser s report. (iv) Final bsence Meetings should be held normally no later than 4 weeks following receipt of the Occupational Health dviser s report. Line managers must ensure that if they are unable to meet with the employee, that another nominated officer conducts the meeting within the stipulated timescales. If the manager or other nominated officer is unable to hold a counselling or absence meeting within the stipulated timescale, what effect does this have on the employee s absence monitoring period? delay in holding a counselling or absence meeting does not affect the commencement of the 12 month absence monitoring period. In all cases this will begin from the date of the employee s return to work following their last absence. EXCEPTIONS TO PPLICTION OF CORPORTE TRIGGER LEVEL re all absences taken into account in determining the action to be taken under the Policy and Procedure on Managing Sickness bsence? No, certain absences are automatically disregarded if the specific circumstances listed under Paragraph of the Policy and Procedure apply. bsences may also be disregarded where the council s Occupational Health dviser recommends that the corporate trigger level should be relaxed as a reasonable adjustment under the Equality ct. Decisions to relax trigger levels in these circumstances are taken by the employing service in the light of occupational health advice and in consultation with Human Resources. What types of absences are automatically disregarded under the policy and procedure? Pregnancy related absence (ii) n absence involving or following on from non-elective hospital treatment as defined in Paragraph of the Policy and Procedure. (iii) n absence arising from an industrial injury or accident at work (subject to appropriate reporting procedures having been followed and the employee not having contributed to the injury through negligence or a failure to follow safe systems of work) (iv) bsence directly related to the bereavement of a dependant or family member Up to three periods of sickness absence (in any combination) in the circumstances listed under (ii) to (iv) above will be automatically disregarded at each key stage of DT LBEL: Internal Only 5

6 the procedure (i.e. counselling, Stage 1 and Stage 2). No limit applies in relation to pregnancy related absences. What is meant by the term non-elective hospital treatment? Non-elective hospital treatment refers to periods of absence where there has been medical intervention for the purposes of treating a serious health condition which could not have been provided without the need for hospital admission. Examples could include but are not limited to limb fractures, life threatening or debilitating conditions such as cancer, heart condition and/or conditions requiring surgery. Treatment for minor ailments will not be deemed to fall within this definition. Treatment that an employee has voluntarily opted to have such as cosmetic surgery will not be considered to be non-elective for the purposes of this policy unless independent medical evidence indicates that without that treatment, an employee s psychological well-being would be compromised to the extent that he/she would be likely to have higher than average absence from the workplace. What evidence needs to be provided in order for an absence due to nonelective hospital treatment to be disregarded? In order for a period of absence to be disregarded under this provision, an employee must provide evidence of their attendance at hospital and the treatment that was received. This is most likely to take the form of a discharge note. OCCUPTIONL HELTH REFERRLS What is the role of the Occupational Health dviser? The role of the Occupational Health dviser is to provide managers with an up-todate medical opinion, to assist them in deciding on the best course of action in dealing with individual absence cases. The decision regarding the action to be taken is that of the relevant manager and not the Occupational Health dviser who acts purely in a medical advisory capacity. In what circumstances is it appropriate to make a referral to the Occupational Health dviser? referral should be made to occupational health in the following circumstances: Where an employee advises his/her manager that they have been diagnosed with a condition or disability that may impact on their attendance or performance at work. The referral is for the purpose of determining whether or not there is an underlying health issue which may require adjustments to be considered. (ii) Where an employee has been absent for a period in excess of 4 weeks but subject to the following exceptions; Where an employee s absence from work is directly related to bereavement. Referral to occupational health will not be mandatory in DT LBEL: Internal Only 6

7 these circumstances but should be discussed with the employee to ascertain whether or not such a referral would be beneficial. Where an employee has been absent due to illness or injury that has required hospital treatment and the condition that gave rise to the absence has been successfully treated, and no concerns remain regarding the employee s future attendance or ability to carry out their role. (iii) Where an employee has reached the corporate trigger level following a counselling meeting. It should however be noted that if the trigger level has been reached as a result of a number of short term absences that appear to be unrelated, a referral to occupational health will not be mandatory but can be made if either the manager or the employee feel it would be appropriate. (iv) Prior to convening a Final bsence Meeting How early should a referral to the Occupational Medical dviser take place? Referral can be made at any time in the sickness absence management process. However, where it is indicated that an employee is likely to be absent from work for a continuous period in excess of 4 weeks, referral will normally be made to the council s Occupational Health dviser for assessment by the 5th week or earlier if necessary. Referral within those timescales is particularly appropriate where the reason for the absence is stress-related or musculoskeletal in nature (eg. back pain or limb injury). However early referral is unlikely to be necessary where the reason for absence is for example, a heart attack or a broken limb. Where an occupational health referral is deemed to be necessary in these circumstances, it will normally be deferred until such time as further clarity on the individual s medical prognosis becomes available. How are referrals to Occupational Health made? ll referrals to Occupational Health must be made through Human Resources who will co-ordinate and advise on the procedure. Referral forms can be found in this toolkit and must be completed by the line manager and forwarded to Human Resources. What information should Occupational Health referrals contain? To give the Occupational Health dviser a full picture of the details of the case and thereby assist the assessment, the service should provide the following details on the medical referral form: a detailed account of the employee s sickness absence record including the frequency of sickness absences, any recognisable patterns to the sickness absences (e.g. Monday, Friday etc.) and the reasons for the absences; any relevant information obtained from the employee during return to work meetings, a counselling meeting and/or an absence review meeting; DT LBEL: Internal Only 7

8 a summary of the duties and responsibilities undertaken by the employee, the working environment etc. details of any specific concerns regarding the employees health and impact on attendance/performance at work ny adjustments or supports previously implemented and/or discussed with the employee It is essential that the questions which require to be answered are clearly detailed on the referral form as this will form the basis of the report which is returned to the manager. What happens if an employee does not attend an Occupational Health appointment? Where an employee does not have a justifiable reason for failing to attend an occupational health appointment then he/she may be subject to disciplinary action. Where the appointment notified is unsuitable for the employee then it is his/her responsibility to advise Occupational Health and their line manager of the reason(s) why the date and or time is unsuitable. Services should take account of any difficulties an employee may have attending an occupational health appointment and record this information on the referral form. Where an employee is too ill to attend an occupational health appointment an alternative appointment should be made when the health of the employee enables him/her to attend. lternatively a home visit can be arranged with the agreement of the employee concerned. Where an employee repeatedly fails to attend appointments with the Occupational Health dviser, it may be necessary to progress the case without medical advice. This however, should only be done following consultation with Human Resources. Can employees refuse consent to access medical records? When the Occupational Health dviser requires a medical report from an employee s general medical practitioner/hospital consultant in order to make a medical assessment of the individual then the employee will be informed of his/her rights under the ccess to Medical Reports ct In general terms the main rights are: to refuse consent to a medical report being supplied; having given consent, to have access to a medical report before it is supplied; to attach a statement to any such report giving the individual s own views on the report Where an employee refuses permission for a medical report to be forwarded to the Occupational Health dviser, the Occupational Health dviser will give an opinion based solely on the examination they carry out. DT LBEL: Internal Only 8

9 How can employees access physiotherapy or counselling services? These services are open to all employees and can be accessed either by a self referral or management referral. The form to be completed for such referrals can be found on MyToolkit. When should referrals for counselling support/physiotherapy be made? Referral for counselling or physiotherapy through the Occupational Health Service can be an effective support intervention in a number of circumstances. Employees need not have had any sickness absence before deciding to access these services. Indeed early intervention of this type in cases of stress/anxiety or musculoskeletal issues can help prevent employees from having to take time off work. LTERNTIVE EMPLOYMENT Is the council obliged to find alternative employment for an employee who becomes unfit to carry out the duties of his/her post and what is the process? There is no obligation to create an alternative job in these circumstances if no suitable vacancy exists. However a search for alternative employment should be undertaken where an employee s medical condition is covered by relevant equality legislation and the Occupational Health dviser recommends consideration of alternative employment as a reasonable adjustment. Where alternative employment is not available within the employing service, the employee is placed on the council s corporate Redeployment List which contains information on employees from other services in the council who have been displaced on medical grounds or as a consequence of organisational change. The trade unions are kept advised of the numbers on the Redeployment List and of progress in identifying alternative employment opportunities. PREVENTTIVE MEDICL EXMINTIONS How much time off is an employee entitled to for the purposes of attending preventative medical examinations? n employee is entitled to reasonable time off without loss of pay to attend preventative medical examinations subject to providing evidence of attendance. This will include the day of the appointment and where necessary, up to 1 day prior to an examination and/or following an examination to prepare for and/or recover. ny additional time off out with these provisions will be regarded as sickness absence. Human Resources 11 December 2012 DT LBEL: Internal Only 9