The Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures

Transcription

1 The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Employee Wellbeing Policy Incorporating Absence Management Procedure Version No.: 11.0 Effective Date: 01 April 2012 Expiry Date: 31 March 2015 Date Ratified: 21 March 2012 Ratified by: Executive Team 1. Introduction This policy has been developed to enable the Trust to manage its obligations assisting its employees to maintain their physical and mental health and wellbeing. 2. Scope The policy applies to all employees of the Trust 3. Aim 3.1 The aim of the policy is to describe the commitment of the Trust to employee health, the responsibilities of managers and others to supporting employee wellbeing in its broadest, holistic sense, and the Trust s commitment to addressing individual issues. 3.2 The Trust is committed to providing a rewarding working environment where employees are fully motivated to contribute to the delivery of the highest quality healthcare and achieve job satisfaction. The objective is to create a workplace which foster s personal responsibility and engagement to contribute to the achievement of the Trust objectives. 3.3 Every employee of the Trust is expected to attend work on the days they are required for duty and to perform their duties to the highest possible standard. The Trust recognises that employees may need to take time off work due to ill health, or receive appropriate health-related support and assistance to enable them to fulfil their role effectively. The Absence Management Procedure is outlined in Appendix A. 3.4 The Trust recognises that a wide range of factors can influence an employee s absence levels including motivation, personal commitments, demands external to the workplace, workload, or working conditions. Page 1 of 34

2 3.5 The Trust will take whatever steps are reasonably practicable and use available information about employee absence to help inform decisions on what action to take to maximise attendance at work. This will include: regular review and action of reports on sickness absence, accidents and incidents; return to work interviews following absence; acting on the outcome of risk assessments/ work place assessments and Health & Safety Audits; acting on the findings of the annual Staff Attitude Survey; continuation of the Improving Working Lives initiative and investment in fitness facilities working with the Occupational Health Service that also incorporates staff support services such as Physiotherapy, Smoking Cessation, Counselling and Psychology to provide an integrated employee wellbeing service to support good attendance at work developing health education programmes and promotion initiatives to raise awareness of health and lifestyle impacting on mental health and wellbeing and the concept of a healthy lifestyle. A number of programmes are available from the Occupational Health Service. 4 Duties roles and responsibilities 4.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide compliance with policy. 4.2 Directorate managers and heads of service are responsible to the Executive Team for ensuring policy implementation. 4.3 Managers are responsible for ensuring policy implementation and compliance in their area(s). 4.4 Staff are responsible for complying with policy. 4.5 Staff Representatives 5. Employees 5.1 Employees are responsible for managing their own health and wellbeing. This will be evident through adopting positive health behaviours (e.g. in relation to diet, alcohol consumption or smoking) to ensure they are fit to meet the requirements of their role, and informing the Trust if they believe their work or the working environment is becoming difficult to manage. It is important to emphasise that only by sharing such information that the organisation can identify steps to support and supervise. Any health related information disclosed through discussions with managers or the Human Resources Department is Page 2 of 34

3 treated in confidence. Health information disclosed to the Occupational Health Service will be treated as medical information in accordance with the Medical Records Act All employees will be encouraged to participate in communication activities and support the Trust in identifying and making improvements to the working environment. Employees are given the opportunity to participate in audits and surveys to provide such feedback to the Trust. 5.3 Where an employee is absent due to ill health, they must not undertake anything, as defined by the Trust that could exacerbate or prolong the condition. 6. Line Managers Managers will be expected to implement measures to minimise risk to employee wellbeing, and will be expected to be familiar with the content of this policy. Managers will be expected to understand how they can support the creation of an appropriate working environment by ensuring; a good match between individuals recruited to perform a job and the requirements of that job; the working environment is assessed to remain appropriate and fit for purpose; employees receive appropriate training, supervision and support at work, and work is allocated appropriately between team members; they are available to enable employees to approach them with concerns about their job and how to resolve these; employees receive feedback on their performance and are kept updated with developments at work and share an understanding of how this may impact on their jobs and workloads; employees have an appropriate level of authority and control over their work 7. Human Resources 7.1 The Human Resources Department is expected to develop appropriate policies and procedures to facilitate the wellbeing of employees, enable line managers to support their employees, and liaise as appropriate with relevant professionals to support employees to attend work and maintain good physical and mental health. 7.2 Training The Education and Training function will identify and facilitate the provision of appropriate programmes to support this aim, and will support the delivery of appropriate training needs identified from discussions with employees in relation to their job demands. This may be through the appraisal process. Discussions related to individual training needs will support employees ensure they have the necessary skills to perform their job, provide feedback on performance and create an opportunity through which to raise concerns. Page 3 of 34

4 Managers will be required to attend appropriate training provided by the Trust to enable them to meet their responsibilities in regard to employee wellbeing. 8. Occupational Health 8.1 The Occupational Health Service has a responsibility to support the Trust in promoting, maintaining and improving the physical and mental well being of employees. For this reason staff may at any time seek advice from the Occupational Health Service if they feel they have a health or associated problem arising out of their working situation. 8.2 The role of the Occupational Health Service is to provide advice and support to the Trust and its employees to promote their health and wellbeing and assist them to remain at work or return to work after experiencing health problems. In addition, the service seeks to assist employees to maximising their performance at work thereby assisting the Trust to achieve its objectives. 8.3 The Occupational Health Service also supports the development of rehabilitation plans for returning to work after ill-health related absence, and works with the Trust in ensuring such rehabilitation is successful. They will also provide opinions about fitness and the appropriateness of any agreed phased return to work to the Trust. 9. Infection Control 9.1 As patients are the prime consideration in the delivery of a quality service by the Trust, all employees will be expected to adopt a responsible approach in minimising the risk of infection to patients, themselves, colleagues, and visitors. Employees must do this by: being familiar with, and adhering to Trust policies and guidance on infection prevention and control attending Trust Induction Programme(s) and statutory education programmes in infection prevention and control including infection prevention and control as an integral part of their continuous personal/professional development Taking personal responsibility so far as is reasonably practicable, in helping ensure that effective prevention and control of health care acquired infections is embedded into everyday practice and applied consistently by them and their colleagues 9.2 Some potentially infectious conditions could put others at risk and the nature of the work of some employees could result in it being necessary to either refrain from attending work, or accept that they will need to work in an alternative environment for a period of time until they are symptom free. In such circumstances, employees will be required to liaise with their line manager to agree the appropriate course of action. Managers must consider the Page 4 of 34

5 implications of infection control policies, procedures and general health and safety when looking to retain an employee at work or return an employee to work after being absent with an infectious condition. Managers must seek advice from Infection Control or Occupational Health as necessary. 9.3 On some occasions where employees become chronic carriers of MRSA it may be necessary for them to be redeployed to lower risk areas of the Trust. In such cases the processes will be adopted as outlined in Appendix H. 10. Prevention of Work-Related Disorders 10.1 This section of the policy outlines some Health and Safety guidance for managers in prevention of the major types of work-related disorders as well as assisting them in developing proactive protocols. It is recommended that managers also refer to the relevant Health and Safety Policy Prevention of Injury a) Training Managers must ensure that all employees receive relevant Health and Safety training prior to commencement of any procedure or protocol which may cause them harm or injury. This includes the use of medical devices or equipment. New employees must be informed of any hazards within the department and that they receive local induction/orientation on commencement. This must include any mandatory training, such as fire, CPR and manual handling Managers should also ensure that where an employee is returning to work following an incident that suitable refresher training is given b) Avoiding Injury Where an employee is complaining of muscular pain, or is known to have an existing injury that may be work related, they must not undertake any task that could exacerbate the condition. Employees will be encouraged to inform their manager so that if the condition persists, the employee concerned can be referred to Occupational Health to enable early assessment and provision of treatment as necessary c) Reporting and Monitoring Incidents If an employee sustains an injury whilst at work, an incident form must be completed outlining the details of the incident and the action taken. If the employee is able to continue work, they may do so. However tasks that would exacerbate any injury or condition must be avoided for the remainder of that period of duty. The tasks may recommence when the injured employee deems Page 5 of 34

6 themselves to be recovered. If they are absent as a result of an injury/incident at work for more than three days, the Trust is required to report this externally and they should be referred to Occupational Health for assessment. If an employee is incapacitated following an incident they must be referred for medical attention immediately e.g. Minor Injuries Unit, A&E. Managers must review their Directorate incidents/accidents on a regular basis to determine whether any particular pattern is emerging, or if there is an increase in any particular type of incident/accident. After review they must then decide if any proactive strategy is required. The Health and Safety Advisor should be contacted for further advice and guidance. d) Occupational Health Needlestick injuries must be reported to the Occupational Health Service immediately in accordance with the Needlestick Injuries and Blood Borne Virus Exposure: Code of Practice. Staff should be released from their duties as soon as practicable to attend Occupational Health of out of hours EAU, A&E for follow up. Managers must ensure that an employee who returns to work following an injury sustained at work, or a work-related disorder is fully fit to undertake their duties satisfactorily. Managers should seek advice/opinion from Occupational Health where the employee: may be at risk of further injury/illness may not be fully fit to undertake their duties has been absent for such a period of time that there are concerns for a return without prior advice e) Risk Assessment Managers must consider if a risk assessment of an employee s job is required, particularly if they suspect that employees may be at risk of injury. Managers must also consider whether a Stress in the Workplace Risk Assessment should be undertaken if it is felt an employee may be at risk of work place stress. The Health and Safety Advisor should be contacted for further guidance. Where stress is a factor a Stress in the Workplace Risk Assessment must be undertaken. This should be shared with Occupational Health. 11. Stress Related Ill-Health 11.1 All allegations of workplace stress will be fully investigated and where necessary appropriate action taken to prevent recurrence of the situation in conjunction with the Management of Stress Policy. Stress prevention training is available for all Page 6 of 34

7 employees and the programme includes guidance on prevention and management of stress, identifying stressful behaviour including signs and symptoms, assertiveness techniques and the benefits of exercise. The training can be booked by the Education and Training Section within the Human Resources Department Where an employee is absent due to reasons of stress/anxiety a meeting will be arranged between the employee and their line manager prior to any return to work. The purpose of the meeting will be to discuss the situation and try and establish the route cause of the concerns (whether work or non work related), and identify the necessary steps/actions to enable a return to work, this should include completion of a risk assessment. The employee should also be referred to the Occupational Health Service where appropriate assessment can be made and if necessary, treatment provided. Occupational Health should be provided with a copy of the completed risk assessment On return to work, a return to work interview will be held and a regular review process established between the employee and their line manager to monitor progress. The frequency of such reviews should be determined by the needs of the employee but the expectation is that this will take place at least monthly. The review will be documented in writing by the line manager and agreed by the employee as an accurate reflection of the meeting. 12. Health Promotion and Employee Wellbeing Activities 12.1 The Trust provides a range of health promotion initiatives designed to raise awareness of health and lifestyle issues affecting mental health and wellbeing. Line managers and employees will be expected to participate as appropriate, and the programmes include: bullying and harassment alcohol and substance abuse managing violence and aggression at work healthy eating campaigns in conjunction with catering facilities 12.2 Other measures to support employees maintain their health and wellbeing include Special Leave arrangements and Flexible Working opportunities. The Trust also wishes to encourage employees to make use of the facilities that are available and promote the adoption of healthier lifestyles. Gym membership is available at beneficial rates and more information can be obtained from the Improving Working Lives Team within the Human Resources Department The Occupational Health Service is able to provide individual lifestyle advice, smoking cessation counselling and support and additional clinical psychology support. Managers may request assistance from the Occupational Health Service in the provision of advice where there are problems with team performance and Clinical Psychology support may be provided. Page 7 of 34

8 This is part of OH mandate. 13. Counselling, Support and Guidance The Trust provides a range of guidance and confidential support for employees. The Trust Chaplaincy Service is available to all staff and can provide counselling and personal support. A range of services are provided to assist staff. The Occupational Health Service provides direct advice and guidance and in addition, delivers the independent staff counselling service; the telephone based EAP, clinical psychology and tiered self help advice that will be available via the website Independent Staff Counselling: available for self referral or via the Occupational health Service. This is contracted with NTW NHS Trust and is provided in offices at Newcastle General Hospital. Contact: Employee Assistance Programme: a 24 hour, 7 day telephone helpline contracted with Westfield Healthcare. This is available to all staff and provides telephone counselling, debt and legal advice. Contact: quoting the Trust scheme number (This confirms eligibility and is not personally identifiable). 14. Equality and Diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not unlawfully discriminate against individuals or groups on any grounds. This policy has been properly assessed. 15. Monitoring Compliance with the Policy Standard / Process / Issue Monitoring will include reporting of information from ESR to identify; Monitoring and Audit Method By Committee Frequency Reporting from Director of Trust Board Quarterly ESR Human Resources a) the percentage sickness rate by staff group and Directorate b) the percentage short and long term rate by staff group Page 8 of 34

9 12. Consultation and review of this policy This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group 13. Implementation of the policy (including raising awareness) A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department. 14. References Medical Records Act 1988 available at Employment Right Act 1996 available at Equality Act 2010 available at Additional documents Needlestick Injuries and Blood Borne Virus Exposure: Code of Practice Stress in the Workplace Risk Assessment included in Management of Stress Policy Capability Procedure Disciplinary Policy and Procedure Author: Employment Policies and Procedures Consultative Group Page 9 of 34

10 Absence Management Procedure Appendix A 1 Introduction 1.1 The Trust recognises the need to treat employees as individuals and expects managers to consider each case of absence on its own merits. The overall purpose of this procedure is to support employees in maintaining attendance in line with contractual obligations, therefore improving the operational efficiency of the Trust and the quality of the services it provides. 1.2 Where ill health is having a significant impact on an employee s work performance, it may, if appropriate, be investigated and dealt with through the work performance/capability procedure. 1.3 It is also recognised that some employees may attempt to take advantage of the sickness benefit system and the Trust will deal with any such abuse as a serious matter. In addition, the levels of absence of an employee may be considered so high that they may also need to be addressed through the application of the Disciplinary Procedure. 1.4 The objective is to ensure absence is managed fairly and consistently with a view to reducing its impact and cost on the operation of the Trust. A flow chart showing the process is at Appendix G. 1.5 The purpose of this procedure is: a) to promote attendance at work; b) to provide a fair and reasonable framework for the management of sickness absence; c) to provide clear guidance on unacceptable levels of absence and how they will be managed; d) to ensure employees receive appropriate advice and support to help them achieve and sustain the necessary levels of attendance; e) to minimise any adverse impact on employees when a colleague is absent through appropriate management arrangements 2. Role of the Line Manager 2.1 Line managers must ensure that all employees are aware of the following: a) the Trust s attendance standards b) that they are expected to attend work on the days they are required for duty c) the correct reporting procedures for notifying sickness absence. Page 10 of 34

11 2.2 Specifically, managers should ensure that: a) they appropriately record absence into the Electronic Staff Record (ESR) on a timely basis and in accordance with the Manager Self Service (MSS) User Manual b) they regularly review employee sickness absence levels within their areas c) discussions take place with employees about their level of absence following any period of absence from work d) employees receive appropriate support and assistance to help them attend work to achieve an acceptable level of attendance e) employees are informed of the impact their absence has on the patients/service and/or their colleagues f) where appropriate, formal action is taken against employees who fail to achieve an acceptable level of attendance g) an employee receives their payslip(s). (Under Section 8 of the Employment Rights Act 1996) an employee has the right to be given a payslip by their employer at or before the time payment is made). If the employee is absent the manager should ensure the payslip is forwarded to the employees home address. h) they are able to make effective use of the Occupational Health Service including referral for any absence of 28 calendar days or more and immediate referral for the following: 1. musculo-skeletal injury, 2. anxiety/depression, 3. work related accident involving absence on three or more days, 4. infectious or communicable disease, 5. prior history of long term sickness absence i) fit notes are reviewed to ensure any changes in the reason for absence are identified and management plans amended as appropriate. j) regular contact is maintained with staff who are absent. All discussions with staff should be recorded in a file note for future reference... To facilitate a consistent approach and assist managers to collect relevant information at key stages of an employee s absence, please see respective forms available at Appendix D: Notification of Absence form; and Appendix E: Absence Review form. k) where stress is a factor in absence or becomes a factor at work a Stress in the Workplace Risk Assessment must be undertaken. This should be shared with Occupational Health. l) Occupational Health is informed of all appropriate information including any completed Stress in the Workplace Risk Assessments. m) where an employee provides a fit note indicating with additional support the employee would be fit to return to work, ensure advice is sought from the Human Resources Department and the Occupational Health Department to Page 11 of 34

12 ensure the appropriateness of any adjustments and determine whether or not a risk assessment and or a work based assessment is required. n) appropriate advice is obtained from Occupational Health throughout the process o) all those returning to work following long term sickness absence (28 calendar days or more) have in place an agreed Return to Work Action Plan agreed with Occupational Health. p) When an employee returns to work there must be arrangements in place for the employee to meet the manager on their first day back (or appropriate designated other) to ensure the employee returns to a well supported, organised working environment, where necessary adjustments to the working environment have been undertaken and any additional equipment and or support is available. Ensure any appropriate work based assessments / risk assessments are carried out prior to an employee returning to work. q) ensure where a phased return has been agreed ensure regular review meetings take place. The frequency of such reviews should be determined by the needs of the employee but the expectation is that this will take place at least monthly. The review will be documented in writing by the line manager and agreed by the employee as an accurate reflection of the meeting. Due to the nature of the working environment, managers also need to properly consider whether the job the employee performs is a factor in the individual s absence record. 3. Employee Responsibility 3.1 Notification procedure: a) Employees must notify their manager directly (or the nominated person in charge) of their sickness immediately, or without unreasonable delay normally before the start of shift so that appropriate arrangements can be made for cover. b) When the absence is for a period of one to seven calendar days, employees must complete a Trust Self-Certification of Absence (Appendix C) upon return to work, stating the reason for absence. It is the employee s responsibility to ensure this document is completed, and given to their Line Manager or nominate deputy. Failure to complete and provide this document may result in the absence being treated as unauthorised and therefore unpaid. c) Sickness of more than seven consecutive calendar days must be certified by a registered medical practitioner and be submitted within ten days of the first day of absence. Subsequent fit notes must be submitted within three Page 12 of 34

13 days of the expiry of the last one. d) When notifying the Trust, the employee should give details of the nature of the absence, and likely date of return to work. If the absence is likely to be prolonged, an update should be provided on a weekly basis to the Trust, or to coincide with medical appointments. e) Failure to follow this procedure may result in the withholding of pay and/or a deduction from pay for absence which is either not notified on time, or is not covered by the appropriate certification. Any decision to withhold pay will be the line managers in conjunction with the Human Resources Department. Further, if an employee repeatedly notifies the Trust late, this may also result in disciplinary action. 3.2 Employee responsibility during sickness absence: a) Be generally available to meet with their manager during normal office hours, normally at their place of work, to discuss their condition; b) Keep their manager informed of any changes in their condition affecting their length of absence and/or return to work via telephone or an alternative method and frequency to be agreed; c) Take reasonable care to facilitate a return to work as soon as possible. This includes undertaking any other alternative employment unless appropriate and agreed with the Trust, and anything, as defined by the Trust, that could exacerbate or prolong the condition unless the express prior permission of the manager is given in writing; d) Give their manager written notice in advance if they are to be unavailable to meet for reasons associated with improving their health condition and/or prospects for returning to work e.g. admission to hospital; e) Request permission in writing from their manager if they intend to go on holiday or be away from their normal place of residence whilst absent due to sickness. Such a period of time can be taken as annual leave if the employee requests this (see section 8). The manager should contact the Human Resources Department to discuss prior to making a decision. Before the manager confirms any decision advice from the Occupational Health Service should be sought. 4. Return to Work 4.1 Nursing and Allied Health Professional staff will be expected to return to their normal shift working arrangements following absence due to sickness, before being eligible to work bank shifts or overtime 4.2 A phased return to work may be implemented, if appropriate, and agreed by the line manager with advice from Occupational Health. A phased return may be to Page 13 of 34

14 adjusted duties or working arrangements and will be subject to: a) The employee being assessed by the Occupational Health Service in which it is agreed that a phased return is appropriate, of health benefit and would facilitate an earlier return to work. b) Normally a maximum paid period of 4 weeks, after which annual leave may be utilised or a temporary reduction in working hours implemented with agreement of Occupational Health. Please note any reduction in working hours will result in a reduction in paid working hours c) Activity and working arrangements being clearly defined during the phased period d) Regular review meetings pre-arranged. The frequency of such reviews should be determined by the needs of the employee but the expectation is that this will take place at least monthly. The review will be documented in writing by the line manager and agreed by the employee as an accurate reflection of the meeting. e) When an employee returns to work following absence there must be arrangements in place for the employee to meet the manager on their first day back (or nominated deputy) to ensure the employee returns to a well supported, organised working environment, where necessary adjustments to the working environment have been undertaken and any additional equipment and or support is available. The manager must also ensure any appropriate work based assessments / risk assessments are carried out prior to an employee returning to work 4.3 Return to work interview Line managers must arrange a discussion with employees on return to work after all periods of sickness absence and complete a written record (Appendix F). This discussion should normally take place within two working days of their return to work and be conducted on a one-to-one basis between the manager and the employee. The employee s absence record should be available for reference and may be subject to discussion The purpose of the discussion is to: a) confirm the date(s) of absence, establish the reason(s) and determine whether future absence is likely to occur; b) discuss the employee s fitness for work and whether any action is required to enable them to undertake their duties safely and effectively; c) update the employee on any relevant work matters that may have occurred during their absence; d) review the employee s absence record and discuss any points, such as any patterns to the absence, the amount of days and occasions, and the time-frame over which the particular record has occurred f) confirm / discuss any additional support that has been arranged Page 14 of 34

15 g) identify what action (if any) is required by the employee and/or the manager in consequence of the interview. If formal action is deemed appropriate the employee will be informed separately The written record must be made of all return to work discussions (see Appendix F) and must be retained by the manager for future reference. The manager must ensure that a record is made within ESR to ensure the central employee record is complete. If requested, the employee should be provided with a copy. 5. Occupational Health 5.1 The Occupational Health Service is able to provide support to enable an employee to remain at work with an ill-health related condition or to return to work early following absence. The Trust reserves the right at any time to refer an employee to the Occupational Health Service for assessment, and will explain the reasons why to the employee. The employee does not need to be absent to be referred to the Occupational Health Service as this is intended to support them to remain at work wherever possible. For guidance on referring to the Occupational Health Service please refer to the Guide to Occupational Health Advice and Referrals at Appendix B. Further information is available form the Occupational Health Service. 5.2 On receipt of reports from the Occupational Health Service, the line manager will determine how to proceed with the matter on an individual basis. The Human Resources Department may also be asked to provide advice. 5.3 Occupational Health will liaise with the employees GP or Specialist as and when required. 6. Record Keeping & Monitoring 6.1 Managers will be accountable for maintaining records and recording all sickness absence from work on the ESR system (in accordance with the MSS User Manual) and for ensuring that appropriate arrangements are in place on each ward/department to ensure this. 6.2 The Human Resources Department will use this data to: a. notify Payroll for sick pay purposes b. produce information for the purposes of monitoring and controlling levels of sickness absence 6.3 Managers will be expected to review the sickness absence of employees on a regular basis and develop appropriate action plans to support employees make an early return to work following absence. Page 15 of 34

16 6.4 All those returning to work following long term sickness absence (28 calendar days or more) must have in place an agreed Return to Work Action Plan. 6.5 If the absence is for an extended period of time the employee should be asked to attend a review with the Occupational Health service before being allowed to return to work. Further, the Trust reserves the right to maintain contact with the employee to review progress and will require the employee to attend reviews with their line manager to obtain an update on recovery and establish a likely return to work date. 6.6 Home visits will not be arranged unless there are exceptional circumstances which render the employee physically or mentally unable to attend the place of work. 7. Contractual Sick Pay 7.1 Employees are entitled to sick pay in accordance with the rules of the Trust s Contractual Sick Pay (CSP) scheme and the Statutory Sick Pay (SSP) scheme. This is calculated by reference to a rolling 12 month calendar period. 7.2 However, payment of the benefit remains at the Trust s absolute discretion. The Trust may suspend payment in certain cases. In the event that payment is withheld, the employee may raise the matter through the normal Grievance Procedure. 7.3 During the probationary period, an employee, who is new to the NHS, is not eligible to receive contractual sick pay for any period of sickness absence. This benefit does not become an entitlement until the employee has been confirmed in post following a successful probationary period. An employee s continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on sick pay. 7.4 An employee will be expected to work with the Trust in facilitating a return to work following absence as soon as appropriate. Where Occupational Health advise that an employee is fit to return to work, even if this is contrary to the advice of the employee s GP or specialist, the employee will be expected to return to work on the date proposed. In the event the employee fails to return to work on this basis, their contractual sick pay will be suspended. 7.5 In no way do the provisions of the contractual sick pay scheme affect the right to dismiss any employee in accordance with the terms and conditions of the contract of employment. Eligibility under the sick pay scheme ceases immediately when an employee leaves the service of the Trust. 7.6 An employee s employment can be terminated under this procedure at any time in the following circumstances: Page 16 of 34

17 a) when it is established that he/she is permanently unfit for employment, or b) when it is established that he/she is unfit to return to their job (or an alternative) before the expiry of their CSP, or c) when he/she has exhausted their CSP and is unable to return to work at that time when it is mutually agreed between the employee and the manager d) when the employee s level of absence from work is deemed to be unacceptable in accordance with the terms identified within this policy. 7.7 In cases resulting in the termination of employment, appropriate notice, or pay in lieu of notice will be paid in accordance with the terms of the employee s contract of employment. Where termination occurs prior to the expiry of CSP, the notice period will run concurrently with the remainder of any CSP. An employee is not entitled to exhaust CSP, or to receive payment in respect of any outstanding entitlement prior to (or on or after) the termination of their employment 8. Public and Contractual Holiday entitlement and Sickness Absence 8.1 Where an employee is sick on a public holiday, no compensatory holiday will be given. This is the case whether annual leave entitlement is calculated inclusive or exclusive of Bank Holidays. 8.2 An employee who is ill during a period of previously scheduled annual leave has the right, if they request as per section 3.2 above, to continue to take the annual leave as previously planned 8.3 Employees who are ill during a period of annual leave will only receive replacement holiday on their return to work if they fulfil the following conditions: a) The total period of incapacity must be fully certificated by a qualified medical practitioner where it exceeds seven days. Where the total period does not exceed seven days a self certificate must be submitted (see Appendix C) upon their return to work b) The employee must contact their Line Manager on their first day of sickness c) On the first day back at work, the employee must submit a written request setting out how much of their holiday period was affected by sickness and the amount of leave that they wish to take at another time d) If the employee is overseas when they fall ill or are injured, evidence must still be produced that they were ill, in the form of a medical certificate or proof of a claim on an insurance policy for medical treatment received at the overseas location. Employees who fulfil all of these conditions will be granted the same number of days replacement annual leave as those requested as lost due to sickness or injury. Page 17 of 34

18 8.4 Employees who are ill or injured before the start of a period of planned annual leave and who would like their leave postponed must submit a written request to postpone the planned annual leave, accompanied by a letter from their GP confirming that they are unfit, or are still likely to be unfit, to take the holiday. 8.5 Replacement annual leave should be taken in the same leave year in which it was accrued. The Trust may require employees to take all or part of their replacement annual leave on particular days and is not required to provide the employee with any minimum period of notice to do this, although it will aim to provide reasonable notice. 8.6 Statutory holiday entitlement (which is included within an employee s contractual annual leave and Bank Holiday entitlement) accrues during sickness absence. The Trust expects employees to utilise their entitlement within the leave year during which sickness absence occurs. This may result in the period of absence being a combination of authorised sickness absence (including unpaid) and holiday entitlement. With regard to carry over, see Annual Leave policy. 9. Absence to Receive Cosmetic Treatment If an employee is absent from work in order to receive surgical treatment of a cosmetic nature (eg. Corrective eye laser surgery, liposuction, etc), this will need to be arranged as annual leave or unpaid authorised absence unless the Trust is provided with written evidence that this procedure had to be performed for medical reasons. 10. Absence related to work-related incident or accident If it is established that absence is due to an injury or accident at work and the cause is undisputed, the manager must contact the HR department for appropriate advice. Where the cause is disputed, the absence will be managed in line with this procedure. 11. Prolonged Absence There may be instances when it will be apparent from the outset of a period of absence that an employee will be absent for a considerable period of time e.g. planned surgery or serious illness. However, the line manager will be expected to maintain contact with the employee to support them, arrange referral to Occupational Health when appropriate, and formulate the rehabilitation programme for a return to work. Advice should be sought from Occupational Health. The manager should also ensure any work based assessments are carried out prior to an employee returning to work. When an employee returns to work there must be arrangements in place for the employee to meet the manager on their first day back (or designated deputy) to Page 18 of 34

19 ensure the employee returns to a well supported, organised working environment. 12. Counselling Meeting 12.1 It is recognised that some employees may have a high level of uncertified/selfcertified/medically certified absence for a variety of minor and/or unrelated ailments. Normally, such concerns will be triggered when an employee has had three or more occasions of absence in a twelve month rolling period (the twelve months preceding each occasion of absence) or where there is cause for concern Where an employee reaches this level, and following the return to work interview, the line manager will hold a counselling meeting with them, (this came be integrated into the return to work meeting on the third occasion). The purpose of this informal meeting is to ascertain the reason for the absences, and in particular, understand from the employee whether there is any underlying or ongoing medical condition which is causing the absence from work. Where no underlying or ongoing health problem is identified (for example the cause and frequency of absence is unrelated), the employee will be made aware: a) their absence is a cause for concern b) that an immediate and sustained improvement in their level of attendance is required over a specified period of time e.g. 12 months c) their attendance will be regularly monitored d) their absence impacts on colleagues and the ability of the Trust to deliver its services e) should the required improvement not be achieved or sustained, disciplinary procedures may be involved for reasons of unsatisfactory attendance. A record will be kept of the outcome, a copy of which will be placed on the personal file. 13. Formal process relating to unsatisfactory attendance no underlying health problem: 13.1 Should the employee s attendance not improve as required following the counselling meeting, the employee will be invited to a formal meeting to discuss their attendance The procedure for inviting the employee and the conduct of such a meeting is as outlined in the disciplinary policy and procedure The employee shall have the right to be accompanied at every stage in the formal procedure by a companion who is either a representative of his/her Page 19 of 34

20 recognised trade union or staff organization or a work colleague not appearing in a legal capacity If, following the discussion at this meeting, the manager considers it is appropriate to issue a formal warning for unsatisfactory attendance; the employee will be informed of this outcome, the requirement to improve their attendance over a specified period of time, and the right of appeal The level of action taken against an employee will depend on the specific circumstances of their case and the seriousness of their absence record. The process may commence at any stage of the disciplinary procedure and the ultimate sanction for unsatisfactory attendance is dismissal Where formal disciplinary action is taken and a warning is issued, the employee s next salary increment will be deferred by the equivalent duration of the warning (6, 12 or 24 months). This must be communicated to the employee in writing when their warning is confirmed. 14. Formal process relating to unsatisfactory attendance underlying health problem 14.1 Where an underlying or ongoing problem is disclosed to the line manager, the employee will normally be referred to Occupational Health. This matter may then be dealt with under the Capability Procedure The purpose of a referral to Occupational Health will be to obtain relevant information about any health condition to enable the line manager to make a decision regarding how to manage the employee s ongoing employment. Further, it will also be necessary to obtain confirmation regarding whether or not the employee s condition is regarded as a disability as defined under the Equality Act 2010 i.e. a physical or mental impairment which has a substantial and longterm adverse effect on the persons ability to carry out normal day-to-day activities, if it is, the absence relating to the disability must be recorded on ESR as disability related. If the condition is considered to be a disability, the line manager will be required to consider what reasonable adjustments may be necessary to enable the employee to consistently perform their role. The Human Resources Department will provide advice and support on what information should be requested and what consideration is necessary, which may include consultation from appropriate external agencies e.g. Access to Work. The cost of any reasonable adjustment made will not be passed on to the disabled employee. In these circumstances it would be appropriate to obtain the advice from Occupational Health prior to any meeting with the employee in order to have a meaningful discussion. Page 20 of 34

21 15. Not Fit To Return To Work 15.1 If it is determined that the employee is not fit to return to the job for which they are employed, the line manager will inform the employee of this outcome. In conjunction with the Human Resources Department, the manager will ascertain whether there are any suitable redeployment opportunities. The employee will be informed of these and will be required to consider them and confirm their interest in any specific posts within an agreed timescale. The Trust is not obliged to create a new post for an employee to move into If an employee falls within the scope of the Equality Act 2010, s/he will be given prior consideration for a post conditional on meeting the essential criteria of the person specification and reasonable adjustments can be made to accommodate a return to work in the new position. Within a few days of commencing the new post a risk assessment must be undertaken. This will be documented in writing by the line manager in conjunction with the Human Resources Department and agreed by the employee. This will ensure the employee receives appropriate support within the new role. The risk assessment should be repeated as appropriate If the employee does not fall within the scope of the Equality Act 2010, s/he will be required to apply for the alternative job in line with normal recruitment practice. If successful in obtaining the alternative post, pay and conditions will be in line with the new post Where possible, redeployment will be on terms and conditions of employment equivalent to those currently held by the employee. However, if this is not possible, protection of pay and conditions will not apply If an employee unreasonably refuses to consider and/or accept suitable alternative employment, as defined by the Trust, the manager will need to determine the appropriate course of action. This may lead to termination of employment. Advice must be obtained from the Human Resources Department in such circumstances prior to any decision being taken In the event that redeployment is not possible, the employee may be dismissed from employment, with notice, on the grounds of incapacity due to ill health. The hearing will be dealt with in accordance with the disciplinary policy and procedure. 16. Ill Health Early Retirement If the employee has satisfied the necessary qualifying conditions they may be eligible to apply to the NHS Pensions Agency for early retirement on the grounds of ill health. The decision to apply rests entirely with the employee. Acceptance or otherwise of the application is at the discretion of the Agency. Page 21 of 34

22 Guide to Occupational Health Advice and Referrals Appendix B Health problems, of whatever nature, may affect work performance. If a manager has any concerns about the effects of work on an employee s health, or the effects of a health problem on an employee s performance or attendance at work, referral to the Occupational Health Service (OHS) should be considered. As a result of referral, the OHS can provide advice to managers and assist employees with their health problems. Early referral to Occupational Health is recommended for any staff member who has: a musculo-skeletal injury; mental health problems such as anxiety and depression; a work related accident; an infectious/communicable disease; prior history of long term absence. Evidence supports early intervention and managers should not wait until four weeks of absence have elapsed before making a referral. Manager s Responsibilities: Consult with member of staff regarding referral to the OHS Ensure that the member of staff is made aware of the reasons for referral to the OHS Provide the OHS with relevant information and documentation Consult with member of staff regarding occupational health reports. Employee s Responsibilities: To comply with their contractual obligation to make themselves available to attend the OHS when a reasonable request has been made. OHS Responsibilities: To ensure that appointments are made within acceptable timescales. To ensure the timely provision of reports. To provide considered, unambiguous and practicable guidance for managers and employees. Process Managerial referrals to the OHS must be in writing using the In-Service Referral Form (available on the Trust Intranet). It is essential that both the employee and the OHS Page 22 of 34