Version: 4.0. Managing Attendance at Work Procedure. Name of Policy: Effective From: 30/08/2012

Transcription

1 Policy No: PP11 Version: 4.0 Name of Policy: Managing Attendance at Work Procedure Effective From: 30/08/2012 Date Ratified 06/08/2012 Ratified Human Resources Committee Review Date 01/08/2014 Sponsor Director of Tranformation and Compliance Expiry Date 05/08/2015 Withdrawn Date This policy supersedes all previous issues.

2 Version Control Version Release Author / Reviewer Ratified by / Authorised by Date 1.0 Jan 2000 Trust Board Nov 1999 Changes (Please identify page no.) /10/2006 S Duffy TPF Oct Feb 2011 S Duffy Human Resources Committee /08/2012 S Duffy Human Resources Committee 14/02/2011 Changed to OP27v5.1 format 06/08/2012 Managing Attendance at Work Procedure v3.0 2

3 Contents: Page 1.0 Introduction Policy scope Aims of the Policy Duties and responsibilities: Employees Managers Personnel Department Occupational Health Department Payroll Department Staff Side Definitions: Short Term Absence Long term Absence Fit Notes Disability Managing Attendance at Work Notification & recording of Absence Occupational Sick Pay Entitlements Occupational Sick Pay Extension Guidelines for Managing Short Term Sickness Absence Guidelines for Managing Long Term Sickness Absence Accrual and Use of Annual Leave during Sickness Absence Return to Work No return to Work and Incapability Training Equality and Diversity Monitoring Compliance with the Policy Consultation and Review Implementation of the Policy References Appendices Appendix A - Return to Work Pro-forma Managing Attendance at Work Procedure v3.0 3

4 Appendix B - Referral to Occupational Health Forms Appendix C - Responsible Officers for Terminating Contract Appendix D - Payroll Notification for Occupational Sick Pay Appendix E - Fit Note Guidance Appendix F - Flowchart for Short-term Sickness Absence Appendix G - Guidelines for Conducting a Counselling Session Appendix H - Flowchart for Long-term Sickness Absence Appendix I - Orientation Checklist for Staff returning to Work Appendix J - NHS Injury Benefits & Guidance Information Managing Attendance at Work Procedure v3.0 4

5 1.0 Introduction 1.1 Each employee of Gateshead Health NHS Foundation Trust is expected to attend work regularly on the days/shifts they are required for duty and to perform their duties safely and effectively. 1.2 This policy provides managers with a framework and guidance to proactively manage attendance at work issues, which will underpin the Trust s prime objectives to deliver high quality patient care, improve patient safety and the patient experience. As advocated in the Boorman report (November 2009), this policy also identifies the support and help available for staff to improve and maintain their health and well being in order that they are able to attend work regularly. 1.3 The Trust does acknowledge the linkage between the health and well-being of its staff and its performance as an organisation, and recognises that where there is reduced staff well-being this may result in poor attendance levels and in particular, high sickness absence. 1.4 This policy therefore focuses primarily on encouraging improved attendance at work through the management of and prevention of sickness absence, however, this policy should also be seen in the context of other Trust strategies, policies and initiatives to support improvements in staff health. 2.0 Policy Scope 2.1 This policy is applicable to all employees of Gateshead Health NHS Foundation Trust. With regard to non-medical staff, this policy incorporates Section 14 and Appendix Z of the Agenda for Change Terms and Conditions Handbook which relates to sickness absence provisions. 2.2 This policy does not apply to Lead Employer Trust (LET) Doctors (employed by County Durham & Darlington NHS Foundation Trust) or students working within the Trust. 3.0 Aims of Policy 3.1 This policy is intended to provide a balanced approach to managing attendance at work, primarily in order to address and manage sickness absence and any associated issues, considering the needs of the individual as well as those of the organisation. In order to do so, the Trust will:- monitor attendance / sickness absence, investigate areas of concern and take appropriate action in respect of employees who have a poor level of attendance/sickness absence. Its aim is to reduce sickness absence levels, reduce the costs of absence to the organisation, improve service delivery and reduce pressure on other staff/colleagues in the workplace. deal sympathetically and sensitively with attendance/sickness absence issues for those employees who are permanently or temporarily incapacitated for ill health reasons. Managing Attendance at Work Procedure v3.0 5

6 ensure that an employee s attendance /sickness absence issues are dealt with confidentially. Any documentation relating to these matters should be retained on an employees personal file and held in accordance with the Data Protection Act ensure whenever an individual s attendance/sickness absence level becomes a concern, investigate and discuss with the employee their attendance /sickness absence issues openly and fairly in a supportive and efficient manner irrespective of its duration or pattern. identify departments which have continuing higher than average sickness absence levels and explore the management of attendance issues. meet its statutory obligations to ensure the health, safety and welfare of its employees, so far as is reasonably practicable. This includes being aware of the requirements of the Equality Act 2010 as well as Employment Rights Act 1996 and Employment Relations Act ensure that appropriate training in managing attendance/sickness absence at work is provided to relevant managers 4.0 Duties (Roles and Responsibilities) The key groups of staff who have responsibilities for the management of attendance/sickness absence are:- Employees Managers Personnel staff Occupational Health staff Payroll staff Staff Side Representatives 4.1 Employees Employees have the following statutory obligations (under the Health and Safety at Work Act 1974 and the Management of Health & Safety at Work Regulations 1992); to take reasonable care for the health and safety at work of themselves and of other persons, who may be affected by their acts or omissions at work to co-operate with any person discharging any duty or requirement on behalf of the Trust, which has been imposed on the Trust under any of the health & safety statutory provisions, to enable performance or compliance of that duty or requirement. Managing Attendance at Work Procedure v3.0 6

7 4.1.2 Employees have the following implied contractual obligations:- 4.2 Managers to report for work, unless unfit to perform duties; to notify their employer appropriately of their sickness absence (see section 6) to keep their employer updated during sickness absence; to do everything possible to assist their own recovery. In circumstances where employees are unable to fulfil their contractual responsibilities, they have a personal responsibility to satisfy their employer that they are temporarily incapable of performing their duties i.e. that the absence is genuine Managers, on behalf of the Trust, have the following statutory obligations (under the Health and Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1992 and the Equality Act 2010); to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees; to assess and record the health and safety risks to which their employees may be exposed (including measures taken to control such risks); to take reasonable measures to ensure that they are not discriminating against people with disabilities. to report via the Risk Management Department any workplace injuries or conditions that may be reportable under RIDDOR procedures. to complete appropriate training in the management of attendance of staff to ensure fairness and equity in accordance with Trust Policy Managers have the following implied contractual responsibilities:- to record, monitor and analyse the attendance levels of their staff; to take appropriate action if attendance/sickness absence is unsatisfactory; to complete DATIX information in accordance with Trust s procedures and investigate appropriately. Managing Attendance at Work Procedure v3.0 7

8 4.2.3 In addition, Managers have responsibility to; determine reasonable notification procedures for the sickness absence of their employees. Managers must ensure that their employees are made aware of these procedures, together with the potential consequences of failing to adhere to them. Notification of absence should be made, wherever possible, by the employee directly to the relevant manager. identify and communicate the process for maintaining contact with absent employees. adopt a fair and consistent approach with regard to the handling of the sickness absence of their employees. They should take account of the needs of the service, the nature of/reasons for sickness absence and the attendance record of the employee, the section and/or department. undertake return to work interviews with their staff (Appendix A). The interview should be carried out sympathetically, should enable the manager to fully understand the relevant issues in order to determine the level of support required for the member of staff and to improve the employee s awareness of their responsibilities. ascertain, in a sympathetic and understanding manner, from their employees when a return to work is likely. If there is uncertainty, then the manager and employee should agree a course of action communicate with an employee, having received notification from the Payroll Department that the employee is entering into a half pay situation or a nil pay situation regarding the management of their case. In exceptional circumstances, this may include seeking appropriate approval to extend Occupational Sick Pay (see section 8 of this policy). reasonably refer employees to the Occupational Health Department when a professional medical opinion is needed. All such referrals must be notified to the employee and submitted using the sickness absence referral pro forma (see Appendix B) which is forwarded directly to the Occupational Health Department. Managers should consult appropriate staff in the Personnel Department before making referrals. forward a copy of referrals to the relevant link Personnel Manager. consider potential adjustments/ interventions (in conjunction with Occupational Health), as early as is practically possible to Managing Attendance at Work Procedure v3.0 8

9 support staff remaining at work, or to enable staff to return to work at the earliest possible opportunity. This may include alternative duties or different working hours/patterns. In conjunction with the Payroll & Occupational Health Departments, managers must determine whether an employee s absence is due to a work-related accident or incident - this will determine appropriate pay for the employee. There should be appropriate DATIX information available to support any such claim. Where a member of staff is unlikely to be fit to return to work or is unable to carry out the duties of their post, those managers with authority to dismiss (see Appendix C) will need to consider and determine at a final review meeting the most appropriate way forward. Possible outcomes may include:- (i) (ii) (iii) (iv) return to post re-deployment to another post return to work on reduced hours/adjusted duties termination of contract. 4.3 Personnel Department The Personnel Department is responsible, on behalf of the Trust, for providing training and guidance to managers on the practical operation of this policy. Its role is advisory rather than executive. The Personnel Department will; monitor and analyse attendance / sickness absence levels within the Trust and will provide appropriate reports to the Trust Board, HR Committee, the Joint Consultative Committee and Heads of Service on a regular basis. ensure that a copy of the sickness absence referral pro forma is retained on the employee s personal file. If there are any queries, a member of Personnel may seek clarification from the Manager. advise on an employee s continuous length of NHS service in relation to Occupational Sick Pay entitlement. If there is a query on this, the Personnel Department is available for advice and guidance. maintain appropriate records for Temporary Injury Allowance (TIA) and Permanent Injury Benefit (PIB) claims and provide quarterly monitoring reports to the Central Team on the number and status of TIA and PIB cases. 4.4 Occupational Health Managing Attendance at Work Procedure v3.0 9

10 4.4.1 The Occupational Health Department is responsible, on behalf of the Trust, for promoting the physical and mental well-being of the Trust s employees. Its role is advisory rather than executive. The Occupational Health Department will; 4.5 Payroll provide advice and guidance for staff who contact or self refer themselves to the department. Any such consultation will be in the strictest of confidence. provide advice and guidance to managers upon request. if they consider that a referral is inappropriate, they will be responsible for contacting the relevant manager. upon receipt of the referral, will arrange an appointment for the employee as soon as practicable. If the employee fails to attend this appointment, Occupational Health staff will inform the Line Manager accordingly. following an Occupational Health assessment, inform the relevant manager of the outcome in writing and a copy letter will be sent to the Personnel Department and the employee. This information is confidential, however, it will be considered as part of the sickness absence management process. notify the relevant Line Manager where an employee attends the Occupational Health Department without a prior appointment, and is assessed to be unfit to return to the workplace. It is the managers decision as to whether the employee should be sent home taking into account the Occupational Health advice. provide advice on appropriate duties and tasks for employees who need to be redeployed, or whether to support an employee s application to the NHS Pensions Agency for ill health retirement, or whether a person is likely to have a disability in accordance with appropriate legislation The Payroll Department is responsible for ensuring that employees are paid appropriately. Occupational sick pay is determined by an employee s length of service and the amount of sickness absence taken in the preceding 12 months. The Payroll Department will; record and maintain accurate sickness absence records. notify, as soon as practicable, the employee, the employee s relevant Line Manager, Personnel and Occupational Health Departments when an employee enters into a half pay situation Managing Attendance at Work Procedure v3.0 10

11 and a nil pay situation. Such notification will be done by using a pro forma (see Appendix D). maintain appropriate records for Temporary Injury Allowance (TIA) and Permanent Injury Benefit (PIB) claims and provide quarterly monitoring reports to the Central Team on the payments made to TIA and PIB cases. in exceptional circumstances, action instructions to withhold an employee s occupational sick pay during a period of sickness absence. Such decisions will be taken by the relevant Divisional Manager/Head of Service in consultation with a senior member of the Personnel Department e.g. repeated failure to attend Occupational Health appointments. In certain situations Occupational Sick Pay may be re-instated retrospectively, however this will be the decision of the relevant Divisional Manager/Head of Service. It is the responsibility of the Line Manager to contact the employee in writing to make them aware of any pertinent adjustments in their salary and their responsibilities and the action required by the employee The Pensions Officer is available to advise managers and individual employees of estimated benefits under the NHS Pension Scheme. S/he will action an application for Ill Health Retirement Benefits upon notification from the Personnel Department. On receipt of notification, the Pensions Officer will liaise with the employee concerned to ensure completion of the form. A General Practitioner (GP) or the OHP can also assist with this. The NHS Pensions Agency requires at least two calendar months to complete this process. 4.6 Staff Side Responsibilities This policy has been developed in partnership with Staff Side Representatives. The Trust recognises the role that Staff Side representatives can undertake in the management of attendance/sickness absence. Their responsibilities include; to assist individual members of staff with advice and support on the fair and equitable application of this policy. to support appropriate efforts to help staff remain at work and to facilitate a successful return to work for those employees who have been absent due to sickness. to participate in training programmes associated with the Management of Attendance policy. to advise members of staff on other relevant policies which may be applicable to them, e.g. Authorisation of Leave Policy and information on the Carers Direct Website. Managing Attendance at Work Procedure v3.0 11

12 5 Definitions: 5.1 Short Term Sickness Absence Short-term sickness absence is defined as a period of absence due to illness for a period of between 1 day and up to 4 weeks and the absences may be due to unconnected or intermittent illness 5.2 Long term Sickness Absence Long term sickness absence is defined as a period of absence for a continuous period of 4 weeks or over, and/or recurrent periods of time with the same, or related health problem. 5.3 Fit Notes The Fit Note should indicate whether an employee is not fit for work, or may be fit for work with some adjustments. A guide for managers, regarding the use of Fit Notes is at Appendix E. 5.4 Disability The Equality Act 2010 defines discrimination relating to disability as when A Person (A) discriminates against a disabled person (B) if:- A Treats B unfavourably because of something arising in consequence of B s disability; and A cannot show that the treatment is a proportionate means of achieving a legitimate aim S.15 EA 2010 Managing Attendance at Work Procedure v3.0 12

13 6. Managing Attendance at Work 6.1 Notification, Recording and Contact procedures during sickness absence Employees will be made aware by their Line Manager, during their local induction, of their personal responsibility to follow the departmental notification procedures for reporting absence Managers must ensure that a robust and consistent procedure exists within their department to ensure that attendance / sickness absence is notified by employees to them in a timely manner All employees should notify their Manager of the absence as soon as is practically possible and wherever possible before they were due to commence duty, in order that appropriate cover arrangements may be made. The employee should indicate the date and reason for absence and the likely duration. Notification of absence either by or text message is not acceptable. The employee must keep their manager informed of any changes and, once known, confirm a return to work date In extreme circumstances, where an employee reports for duty but is subsequently sent home as they are unfit for duty, this should not be recorded as a day s sickness absence. The absence should be recorded however in the individual s attendance record For sickness absence exceeding 7 calendar days, employees must submit a Fit Note to their Line Manager on the 8 th day of absence and no later than the 10th calendar day of absence. Further Fit Notes will be needed to give continuous cover for the period of absence. All Fit Notes must be forwarded to Payroll as quickly as possible Managers will discuss with staff on long-term sickness absence, appropriate on-going contact arrangements in order to review and manage the employees absence from work Where it is established that an employee has failed to comply with sickness absence notification or contact procedures, then this may affect payment of wages/salary. Furthermore, such failure may be regarded as a breach of contract, which could lead to disciplinary action For employees not yet using SMART, the Trust s time and attendance system, all sickness absences must be notified to Payroll using the Sickness Absence Book. Full instructions for use can be found in the front of each book For employees using SMART, the Trust s time and attendance system, all sickness absences must be recorded in the system in an accurate and timely manner. Please refer to the How to Enter Managing Attendance at Work Procedure v3.0 13

14 Sickness Absence guide which can be found on the SMART area of the Trust Intranet, Staff Zone All paper sickness absence notifications and/or sickness absence entries on SMART must include a sickness absence reason. Other or unknown reasons should only be used in exceptional circumstances. 6.2 Entitlement to Occupational Sick Pay Employees absent owing to illness are entitled to Occupational Sick Pay in accordance with Section 14 of the AFC Terms & Conditions Handbook:- 1 st year of service one months full pay and two months half pay. 2 nd year of service two months full pay and two months half pay. 3 rd year of service four months pull pay and four months half pay. 4 th & 5 th year of service five months full pay and five months half pay. After 5 years service six months full pay and six months half pay Employees must maintain their statutory professional registration during sick leave, failure to do so may impact upon their entitlement to receive Occupational Sick Pay. 6.3 Extension of Occupational Sick Pay The extension of Occupational Sick Pay is in accordance with Section 14 of the Agenda for Change Terms and Conditions Handbook and will only apply where the failure to undertake the final review meeting is due to delay by the employer. It will not be applicable if the final review meeting is delayed due to reasons other than those caused by the employer. Reasons for delay caused by the employer include:- Managerial delay in referral to the Occupational Health Department Managerial delay in reacting to formal Occupational Health recommendations after receipt of recommendations (after 4 weeks). Managerial failure to actively search for reasonable adjustments to duties/workplace and/or suitable alternative employment. Failure to receive a medical update from the Occupational Health Department Team within 10 working days of last Managing Attendance at Work Procedure v3.0 14

15 appointment or an unreasonable delay in obtaining an Occupational Health appointment. This is not an exhaustive list and any other reasons that are highlighted will be duly considered If an employee has exhausted their Occupational Sick Pay entitlement and a final review meeting has not taken place with the employee then Occupational Sick Pay entitlements should be re-instated at half pay, after 12 months continuous sickness absence in the following circumstances: Staff with more than 5 years reckonable service sick pay will be reinstated if sick pay entitlement is exhausted before a final review meeting for long-term absence has taken place. staff with less than 5 years reckonable service will be reinstated if sick pay entitlement is exhausted and a final review meeting does not take place within 12 months of the start of sickness absence. Reinstatement of the Occupational Sick Pay should continue until the final review meeting has taken place Approval for any extension of Occupational Sick Pay must be sought from the relevant Executive Link Director and a senior member of the Personnel Department. 6.4 Guidelines for Short term Sickness Absence Introduction The purpose of these guidelines is to provide a consistent basis for responding to cases of frequent intermittent sickness absence, which appear to be unrelated and of a transient nature. These guidelines are intended to help managers to deal with the sickness absence of their employees in a fair, reasonable and sensitive manner. A flowchart for the management of short term sickness absence is given at Appendix (F). Managing Attendance at Work Procedure v3.0 15

16 6.4.2 Procedure Managers must regularly monitor all sickness absence with the employee. They should investigate the causes of any sickness absence with the employee, through an informal but private talk with the employee on her/his return to work There are two main reasons for talking to an employee who has been absent from work due to sickness. Firstly, to show interest and support to the employee who has been off (N.B. the meeting is meant to be neither an inquisition nor a medical cross examination, but rather an opportunity for the employee to give an account of the reason for being off work). Secondly, the enquiries should indicate to the employee that s/he has been missed. The Manager should complete the Return to Work Pro-forma (Appendix A), which should be placed on the employees file The Manager should meet the employee to discuss absence which exceeds either:- 3 occasions (irrespective of their duration) over the previous rolling 3 month period or a cumulative total of 15 calendar days or more in any rolling 12 month period Managers should also analyse attendance levels of their staff to identify whether any patterns or trends are apparent which do not fall within the categories outlined above, but may impact on service delivery and or staffing levels. In such circumstances the manager will counsel the employee regarding their attendance levels as part of the normal managerial process. Guidance on conducting a counselling session is attached as Appendix G Where it has been confirmed by the Occupational Health Department that a member of staff has a disability as defined by the Equality Act (2010), they should be treated appropriately in relation to their short term attendance levels where the absence is related or linked to their disability. Advice should be sought from the Occupational Health and Personnel Departments. Where the short-term absence is non-disability related, the short-term absence process should be followed as outlined above Where counselling has resulted in an improvement in attendance to a satisfactory standard, the manager should acknowledge this fact with the employee. Furthermore, Managing Attendance at Work Procedure v3.0 16

17 unless the level of attendance becomes unsatisfactory, no further action will be taken Where an employee fails to respond to counselling and their attendance levels are not sustained, it may be necessary to proceed under the Trust s Disciplinary & Dismissal Procedure (PP1). Where there is no significant or sustained improvement in attendance levels, a formal hearing may consider a range of possible outcomes as outlined in PP A manager must refer an employee to the Occupational Health Department prior to any formal disciplinary hearing. The purpose of the referral will be to determine if there are any underlying medical factors which prevent regular attendance at work. If the employee fails to attend the Occupational Health appointment, then in the absence of advice from the Occupational Health Department action will be taken using the information available The Personnel Department is available at all times to discuss any of the points mentioned above and to provide assistance at all stages of the guidelines As guided by the Occupational Health Department and/or appropriately trained, managers may be requested to undertake formal Risk Assessment of employees workplace in order to ensure the risk of any further medical conditions is minimised. 6.5 Guidelines for Long term Sickness Absence Introduction The purpose of these guidelines is to provide a consistent basis for responding to cases of longer term sickness absence (i.e. where an employee either is off sick for 4 weeks or more, or has had recurrent periods of time with a serious or underlying health problem) A flowchart is given at the end of this policy to provide a brief diagrammatic summary (Appendix H) It is vital that managers undertake regular discussions with their employees who are on long term sickness absence. In doing so, they will be meeting their responsibilities to their employees and other members of staff who may have to cover for their absent colleagues. Managers should advise employees of their rights to seek support and representation from a trade union/professional organisation representative and should record the outcome of any discussions Procedure Managing Attendance at Work Procedure v3.0 17

18 Contact arrangements between the manager and the employee must be discussed and mutually agreed as soon as practically possible - this may include frequency/timing/nature of contact. If it is not possible to reach a mutual agreement, further advice should be sought from either Occupational Health or the Personnel Department It is important to note that an employee has a responsibility to remain contactable during periods of long-term sickness absence. If a member of staff has difficulty in discussing their long-term absence with their Line Manager, the employee must discuss the matter with the next Line Manager When an employee has been continuously absent, due to illness, for four weeks (or there appears to be a recurrence of a health problem) and there is no imminent return to work planned, then the manager should consider all of the relevant information and review the position with the Personnel Department. The manager should consider the following options, in sequence: take no action arrange a meeting with the employee (if necessary) seek a medical report agree a return to work strategy consider suitable alternative employment recommend to the manager with authority to dismiss that the employment contract should be terminated on the grounds of incapability. the manager may decide that no action is needed. If this is so, a note to this effect should be made, but the situation must continue to be monitored The manager should arrange to meet the employee at a mutually convenient time and place, subject to the medical condition of the employee. This should be carried out no later than 4 weeks from the first day of absence. The purpose of this meeting is for the manager to: show concern for the employee s well-being; discuss any medical reports that may have been received from the Occupational Health Department at this time and Managing Attendance at Work Procedure v3.0 18

19 establish if the employee has received any appropriate treatment for their illness/condition. establish the employee s prospects for recovery and likely return to work; monitor the employee s sickness absence explicitly; agree how often and by what means subsequent contact will be made. The regularity of any further meetings with the employee should be established at this stage and any discussions with staff should confirmed in writing Managers where appropriate, may wish to have a member of the Personnel Department in attendance at absence review meetings. Employees have the right to be accompanied by a Staff Side representative (or a friend not acting in a professional capacity) at any meetings if they so wish At the review meetings for staff on long-term absence, the manager must be aware (in conjunction the Payroll Department) of an employee s Occupational Sick Pay entitlements and to notify the employee of their current sick pay situation. 6.6 Accrual and Use of Annual Leave during Long term Sickness Absence Following the 2009 European Court of Justice and House of Lords decisions, staff who are absent on long term sick leave have the following rights; to accrue and take statutory annual leave entitlement during long term sick leave. to take any untaken statutory leave, ie up to the maximum of 28 days per annum (statutory entitlement is in accordance with the European Working Time Directive ie 28 days for full time staff, prorata for part time staff), when they return to work, if they are on sick leave for part or all of the annual leave year. to carry forward any of their accrued statutory annual leave into the next leave year if they have been unable to take their entitlement due to sickness absence in the current leave year. Note: if an employee is able to take their accrued annual leave on their return to work and before the current annual leave year ends, they should do so. If they choose not to do so, the accrued leave will be lost and cannot be carried over. Managing Attendance at Work Procedure v3.0 19

20 to have a request to take annual leave whilst on sick leave granted, subject to complying with the usual/ written notification arrangements for annual leave request arrangements. Note: Employees who apply for statutory annual leave during sick leave will receive their normal rate of full pay, ie if an employee qualifies for statutory sick pay (SSP), he/she will continue to be paid SSP and this sum will be made up to full pay with holiday pay. Such periods of paid annual leave will not extend an employee s entitlement to sick pay and payment for the days treated as annual leave during sick leave will not exceed the employee s normal total holiday pay It is essential that managers maintain accurate records relating to sickness absence and annual leave entitlement Employees, who fall sick during a period of annual leave, will need to adhere to the normal notification procedures, if they wish to reclaim some, or all, of the annual leave for that period Employees who are on long-term sick leave and have pre-booked leave which will take them away from their home for a period exceeding 3 working days must obtain the approval of the Occupational Health Department to the holiday/break. It is also the employee s responsibility to inform their manager of any holidays they are wishing to undertake whilst on sick leave. The Occupational Health Department will wish to ensure that the holiday/break will be of therapeutic value and support the employee s recovery from ill-health. Where approval to the holiday/break is given, the Occupational Health Department will be responsible for informing the manager of their decision and the dates the employee will be away from home If an employee reports sick on a public / statutory holiday he/she will not be entitled to an additional Statutory / Public Holiday in accordance with Section 14.8 of Agenda for Change terms and conditions. 6.7 Return to Work When an employee does return to work it is important that the manager agrees a return to work strategy with her/him, in advance. Managers are required to complete a re-orientation checklist (Appendix I) with all staff who have been on long term sickness absence The manager must consider any information provided by the employee s GP where this is indicated on a Fit Note. The manager should follow the guidance at Appendix E and may wish to seek advice from the Occupational Health Department Where a phased return to work is recommended, the relevant manager and the employee should, after discussion with the Occupational Health Department, consider and determine whether any temporary/permanent adjustments are required e.g. Managing Attendance at Work Procedure v3.0 20

21 modified duties (clearly documenting what these duties are) reduced responsibilities reduced hours of work workplace adjustments e.g. when an employee falls under the remit of the Equality Act Where an employee is certified fit to return to work, but a phased return to work is recommended by the GP / Occupational Health on reduced hours, the member of staff will be asked to take their annual leave as part of the phased return or alternatively, they may choose to temporarily reduce their working hours and to be paid for the hours worked. In exceptional circumstances where there are differing medical opinions between a GP/Medical Specialist and Occupational Health regarding any return to work, communication between relevant parties will take place to determine the most appropriate way forward As part of a phased return to work, the manager and the employee may agree a temporary move to suitable alternative employment, but input from the Personnel Department will be required before any formal agreement is made. Managers should discuss with the Occupational Health Department and undertake a Risk Assessment as appropriate When the Occupational Heath Physician considers that the employee is incapable of carrying out the duties of her/his job, the manager must check with the employee that s/he concurs. If not, and the employee wishes to have a second medical opinion, s/he must make her/his own arrangements for this. Having received a medical opinion that the employee is incapable of carrying out the duties of her/his job, the manager should consider making reasonable adjustments to work practices, duties or premises (in accordance with the Equality Act 2010), if it results in the employee either retaining her/his job or securing suitable alternative employment. Specialist help is available from the Personnel Department, the Occupational Health Department and the Employment Service s Disability Employment Adviser Employees, who are seeking suitable alternative employment because they are no longer able to carry out the duties of their substantive post, are entitled to be given non-competitive interviews for internal posts (in accordance with the Trust s recruitment and selection procedures) if they meet the essential criteria of the post. The Personnel Department will assess whether such employees meet the essential criteria, and arrange a non-competitive interview. The Occupational Health Department will consider whether the employee is fit to perform the duties of the post satisfactorily. A member of the Personnel Department must be part of the panel Unless the employee is clearly unsuitable, in which case appropriate feedback should be given by the manager, then s/he should to be redeployed for a trial period of at least four weeks. This period may be Managing Attendance at Work Procedure v3.0 21

22 extended by mutual agreement. During the trial period, the employee s substantive terms and conditions may only be varied, albeit temporarily, by mutual consent. The purpose of the trial period is for both the manager and employee to assess the suitability of the redeployment. If both parties are content with the trial period, then a formal offer of new terms and conditions can be made Employees who are not considered fit to perform the duties of a post satisfactorily will remain on the redeployment register, however this must be reviewed on a regular basis as part of the routine sickness absence discussions. 6.8 No return to work and incapability If alternative employment is not appropriate or not available and reasonable adjustments are not practical, the only remaining option for the relevant manager is to consider termination of the individual s contract on the grounds of capability Before a final decision to terminate is made all other options should be fully considered, including: Rehabilitation into their current role Phased return to work A return to their substantive post with or without adjustments Redeployment with or without adjustments A written record should be made by managers documenting that the above areas have been considered and reasons for dismissal The decision to recommend termination on grounds of capability should be discussed with the employee in advance of and confirmed at the final review meeting The decision to recommend dismissal is not a medical issue but one to be made by the manager in the light of all the information available to her/him at the time. No decision should be made to dismiss without having already sought a medical opinion from the Occupational Health Physician When a decision is made to terminate the contract, the employee will be dismissed with the appropriate notice and this will be confirmed in writing to the employee. The employee must be given the opportunity to appeal against the Trust s decision Managers with authority to dismiss may terminate an employee s contract on the grounds of capability, prior to the expiry of the employee s sick pay provisions. However, this will only be done in consultation with the Personnel Department. Managing Attendance at Work Procedure v3.0 22

23 7.0 Training If the employee is in the NHS Pension Scheme, then the dismissal letter should state whether or not an application is being supported for Ill Health Retirement Benefits to the NHS Pensions Agency If the employee is in receipt of Temporary Injury Allowance (or has applied for it), s/he should be advised of her/his right to apply for Permanent Injury Benefit (see Appendix J for further details) Staff within the Personnel Department are available to discuss any of the points mentioned above and to provide assistance at all stages of the guidelines. Managers and Staff Side representatives will be expected to undergo regular training on Managing Attendance in the workplace. 8.0 Equality & Diversity 8.1 This policy aims to promote equality of opportunity and eliminate unlawful discrimination, by establishing fair and transparent systems of managing attendance at work. It adopts a human rights approach and seeks to eliminate discrimination by ensuring that all staff regardless of background are treated fairly and equitably in terms of their non attendance at work. 8.2 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 discriminate against individuals or groups on any grounds. This policy has been appropriately equality impact assessed. 9.0 Monitoring Compliance with the Policy This policy will be reviewed periodically to ensure uniformity of treatment and justice for all employees in the implementation of the Trust s procedures and to ensure compliance with relevant legislation Managing Attendance at Work Procedure v3.0 23

24 Standard / Process / Issue Monitoring and audit Method By Committee Frequency Review policy 12 months after implementation date JCC Sub Committee 12 months after implementation date JCC & HR Committees Annually 10.0 Consultation and review This policy has been reviewed in consultation with the JCC Policy Sub-Group Implementation of policy (including raising awareness) This policy will be circulated by the Trust Secretary as detailed in OP 27 Policy for the development, management and authorisation of policies References This policy will operate in conjunction with the following policies and associated documentation:- Authorisation of Leave (PP09), Discipline and Dismissal (PP1) NICE Guidelines Managing Long-term sickness absence and incapacity for work. ACAS Guidelines for Managing Attendance at Work NHSLA Risk Management Standards Equality Act 2010 Disability Discrimination Act 2005 Managing Attendance at Work Procedure v3.0 24

25 Appendix A Return to Work Interview Form Confidential EMPLOYEE NAME DIRECTORTATE WARD/DEPARTMENT MANAGER CONDUCTING INTERVIEW DATE OF INTERVIEW SUMMARY OF PREVIOUS ABSENCE (last 12 months) KEY POINTS DURING INTERVIEW: EMPLOYEE S COMMENTS: Is the absence self certified Is the absence medically certified Is there a pattern of absence Is there an ongoing health problem Refer to Occupational Health Yes/No (delete as appropriate) Yes/No Yes/No Yes/No Yes/No Action to be taken if attendance does not improve: (e.g. review when next sickness occurs, further interview, disciplinary, seek medical advice). Was the employee advised of possible future actions above? Yes/No Signed (Manager) Signed (Employee) Date Date Managing Attendance at Work Procedure v3.0 25

26 Appendix B Referral to Occupational Health Specialist STRICTLY PRIVATE AND CONFIDENTIAL This form is to be used for any sickness absence or management referral. Reference to the Trust s sickness absence policy P.P.11 should be made when managing sickness absence. Please ensure you complete the form in full as any incomplete forms may need to be returned to you before being acted upon. If on review a referral is felt not to be appropriate, the Specialist Nurse Practitioner will advise you of this. Advice on referrals can be obtained from the occupational health and safety department intranet page, Occupational Health or HR Departments If an employee fails to attend their appointment(s) where possible you will be notified by e mail. The employee s details will be abbreviated to their initials only. Employee s personal details Title. Name (in full).. Date of Birth. Address Telephone Number: Home Work Contact e- mail address. Employee s job details Job Title (&Grade) Department Sickness absence details Is the employee currently off sick? Yes. No. If yes: First Date of absence Expected date of return (if known) Reason for absence from sick note... Managing Attendance at Work Procedure v3.0 26

27 Summary of sickness absence over the previous 2 years most recent first (continue on a separate sheet if needed) Dates No. of Days Reason for sickness absence Does the employee have any special needs (e.g. mobility, sight problems, problems leaving the house, accessing QEH site) that will need to be taken into account when arranging an appointment for them? Yes / No If yes please specify. Has the employee been referred to clinical ergonomic team? Yes No If yes reason for this Essential information in support of referral This should include all relevant background information e.g. client group that person works with, any changes to their job or tasks, any difficulties the employee is experiencing at work with specific reference to the tasks they perform or are expected to perform, what action has been taken to address short term sickness / outcome of this, details of concerns re work performance / behaviour. Information regarding any medical or other health care professionals that the employee has been referred to and dates of appointments if known will also be helpful (continue on a separate sheet if needed). NB please note if no or scant information is entered into this section then the referral is likely to be returned to you Medical Opinion Required Please tick which statements you would like a response to 1. When is the employee likely to return to work 2. Upon returning to work, are any restrictions or recommendations advised to assist the employee to return to / remain at work? If so, how long are these expected to be needed for? Managing Attendance at Work Procedure v3.0 27

28 3. Is the condition caused or aggravated by the employee s work? 4. Are frequent short-term absences likely to persist? / is there any underlying medical reason for short term absences? 5. Is it likely the employee s condition falls within the remit of the Equality Act 2010 in relation to disability? 6. Is the employee permanently unfit? 7. Other (please specify). Statement by person making referral I can confirm that the employee is aware of the referral and the reason(s) for it, that they have been provided with a copy of this referral. I understand that a report will be issued shortly after appointment. Signed.Date Name.Designation.. Address for Correspondence.. Contact Telephone Number. address.. Name of link personnel manager Julie Orr Managing Attendance at Work Procedure v3.0 28

29 Appendix C Responsibility for Terminating contract of Employment (on the grounds of incapability) This Appendix is intended as a guide for those managers who are empowered to terminate employment contracts under the Sickness Absence Policy. It should be noted that the level of authority is the minimum level necessary to take action. It does not preclude those officers delegating this authority to a nominated deputy. Category of Staff Chief Executive Director Clinical Director Senior Managers/Heads of Service/Service Managers &Modern Matrons Level of Authority Sub-Committee Chairman Chief Executive Link Director/Divisional Director/Director Medical & Dental Consultant Other Senior Medical Staff &Junior Medical Staff (including Foundation Doctors) Chief Executive Director/Medical Director/Divisional Director All other staff Link Director/Divisional Manager/Head of Service Managing Attendance at Work Procedure v3.0 29

30 Appendix D PAYROLL NOTIFICATION OF SICK PAY CHANGE Below is the suggested memorandum which the Payroll Department will send out to an employee s line manager when the employee is going into a half pay or nil pay situation. MEMORANDUM STRICTLY PRIVATE AND CONFIDENTIAL TO: c.c. FROM: EMPLOYEE S LINE MANAGER EMPLOYEE Personnel Department Occupational Health Department Payroll Manager DATE: 30 August 2012 RE: EMPLOYEE S NAME & ADDRESS In accordance with the Trust s Sickness Absence Policy, I am giving you formal notification of the following information regarding the above employee: 1. s/he has been off sick since... DATE; 2. s/he will go/went on to half pay with effect from... DATE; 3. s/he will go on to nil pay with effect from... DATE (assuming s/he remains off sick); 4. s/he is a member of the NHS Pension Scheme YES/NO (delete as appropriate); 5. other relevant information I have copied this memorandum to both your employee and the Personnel Department for their information. If there are any queries regarding sick pay, please do not hesitate to contact a member of my Department on (0191) /2631/2632/2633. Managing Attendance at Work Procedure v3.0 30