SHORT TERM SICKNESS ABSENCE MANAGEMENT GUIDANCE NOTES (MGN32) Final

Transcription

1 SHORT TERM SICKNESS ABSENCE MANAGEMENT GUIDANCE NOTES (MGN32) Final Created By Amended by PCH HR Advisors Further amendments made at maximising attendance working group Jan & Feb 2012 Approved By Joint Partnership Committee Published Review Date: January 2014 Page 1 of 10

2 ITEM CONTENT PAGE 1. Purpose of Guidelines 3 2. How to Manage Short Term Sickness Absence Keeping accurate records Carry out Return to Work (RTW) interviews after every absence Communicate your concerns at the earliest opportunity 3 3. Contact with employee while on sick leave 4 4 Referral to Occupational Health Department 4 5. Other Employment 5 6. Short Term Sickness Management Process 6 7. Formal Capability Procedure Stage 1 Potential First Written Warning Stage 2 Potential Final Written Warning Stage 3 Potential Dismissal Right to Appeal 9 8 Managing Absence Fairly under Equality Act 9 For Short term absence forms and other guidance please contact your local HR Team or go to: add link to extranet here Page 2 of 10

3 1. PURPOSE OF GUIDELINES 1.1 These Guidelines are to help Line Managers, team leaders and supervisors to manage the attendance levels of employees with frequent short-term absences from work, and should be used in conjunction with the Peninsula Community Health (PCH) Maximising Attendance Policy, Long Term Sickness Management Guidelines and Capability Policy and Procedure as appropriate. 1.2 Short term sickness absence is defined as sickness which is for less than 4 weeks. 1.3 A key principle of managing short term sickness absence is the assumption that the sickness is genuine. If there is evidence that sickness is not genuine, this must be investigated and dealt with separately as a conduct issue under the Disciplinary Procedure. 2. THE RIGHT TO BE ACCOMPANIED 2.1 The employee has the right to be accompanied at any meetings they are invited to attend. This may be a union representative or a work colleague but not a family member nor anyone acting in a legal capacity. When writing to an employee, it is good practice to send the same information to their representative, if known. It is the responsibility of the employee to contact the person that they wish to accompany them to the meeting. 3 HOW TO MANAGE SHORT TERM ABSENCE 3.1 Keep accurate records PCH operates an Absence Reporting System provided by FirstCare. All absence must be reported to FirstCare on with the exception of Annual Leave, Maternity/Paternity/Adoption Leave and absence of less than 2 hours. It is important that the absence is recorded accurately with the correct reason for the absence. For example, time off for reasons other than sickness, such as childcare issues, must not be recorded as sickness. It is actually fraudulent to claim sick pay when not sick. Also, inaccurate reporting does not allow us to see the real absence reasons and offer the right support to the employee. This is also true of the reason for sickness absence. Work-related absences should always be reported as such. There may be a health and safety issue affecting a number of employees which, unless reported accurately, will not allow us to identify and resolve the problem. It also helps to identify underlying trends or patterns with employees so that we can offer them the best and most relevant support. 3.2 Carry out Return to Work (RTW)/Welfare meetings after every absence Return to Work/Welfare meeting Forms will be sent by FirstCare to the employee s Manager with pre-populated information relating to the employee s absence The Return to Work/Welfare meeting is important, as it is the first record made following the employee s return to work. A form will be sent for completion following every sickness absence, including part-day absences. The RTW/Welfare meeting should take place, on the day the employee returns to work and if the Line Manager cannot complete this interview face to face then it may be appropriate to do this over the phone. Guidance Page 3 of 10

4 and support on how to complete a RTW/Welfare meeting can be provided by the appropriate Locality HR Representative When the RTW/Welfare meeting has been completed. FirstCare will update its records accordingly and send monthly sickness absence reports to the Payroll Department In addition, the completed RTW Form should be filed in the employee s P file. 3.3 Communicate your concerns at the earliest opportunity do not let problems grow Absence management actions must be timely. Return to Work/Welfare meetings should be carried out on the day the employee returns, ideally before the start of the shift. A Return to Work/Welfare Interview can be completed by a telephone conversation, if it is not possible to have a face to face meeting. A Return to Work/Welfare meeting completed two weeks after the employee has returned from sick leave will have little effect. Regular and effective Return to Work/Welfare meetings will reduce absence. If the Manager is concerned that someone is having too much time off work then the Manager should tell them so, otherwise the employee will not know what is expected of them FirstCare will send the Line Manager Alerts when an employee has had sickness absence which has triggered any of the patterns of absence referred to in section Managers must ensure that they discuss with the employee, the reasons for their absence and ensure they are offering appropriate support and / or advice to address the absences. This may be in the form of signposting to Physiotherapy clinics, Occupational Health (OH) support, or making reasonable adjustments in their role. Any discussions of advice and support must be clearly documented on the Return to Work/Welfare meeting form and may be used in other meetings, as appropriate. 4. CONTACT WITH EMPLOYEE WHILE THEY ARE ABSENT FROM WORK ON SICK LEAVE 4.1 As soon as an employee knows that they are unable to attend work, they must call the FirstCare absence reporting line on It is important to note that s and text messages are NOT acceptable. The call will be answered by a call handler, who will ask them to confirm the organisation they work for, their name and date of birth. They will also be asked to set up a security question, which will be asked on all future calls to FirstCare. The call handler will then ask the date and time that the absence begins, and whether the absence is medical (sickness absence) or non-medical (absence for any other reason e.g. an unwell child, a dental appointment). If the absence is medical, the employee will be transferred to one of the FirstCare Nurses for advice,and to assign a reason to their absence. 4.2 As soon as the initial absence details have been taken by the Call Handler, while the employee is still on the phone to FirstCare, a notification will automatically be sent to their manager by and text message. Once the full details have been taken by the nurse, a second, more detailed notification will be sent. Page 4 of 10

5 4.3 At the end of the call to FirstCare, the employee will be asked if there is any additional information they would like to pass on to their manager. This will be noted and included on the notifications sent, and is intended for any details about covering work duties or commitments. If a more detailed discussion is needed, their manager may either call them once they receive the absence notification, or the employee may be required to call their manager at the earliest opportunity. 4.4 As part of the notification system other named individuals will be notified of the employee s absence so that appropriate measures can be taken to cover their shift. These people will only be notified that the employee concerned will be away from work and when they are expected back and will not receive any other detail about their absence. 4.5 Employees must keep in contact with their Line Manager during their episode of sickness absence. Wherever possible, the employee should contact their Line Manager personally and not leave messages on an answer phone or with another employee. 4.2 Certain potentially contagious medical conditions will require laboratory tests to be carried out and employees may not be allowed to return to work until the laboratory test results give them clearance to resume work. It may be that they do not know when they will return. Managers can also ask the employee to call again the following day or week or whenever appropriate to be kept informed. If managers feel that sufficient contact has not been made then they should contact the employee at home. If the employee does not follow the approved absence reporting procedures, then their absence may be considered to be unauthorised absence and they may not be entitled to sick pay. Continued unauthorised absence may result in disciplinary action being taken. If Managers are not sure what contact is appropriate, please contact the Human Resources Department for advice. 5.0 REFERRAL TO THE OCCUPATIONAL HEALTH (OH) DEPARTMENT 5.1 Managers should refer employees to the OH Department if they are concerned about the level of an employee s sickness absence. Bradford scores may also be used as a trigger for referral to OH. Typical trigger levels are scores of 300 and above. However, there may be occasions when it is appropriate to refer before a score of 300 is reached. 5.3 The employee should be advised that the referral has been made. Managers are required to complete an OH Referral form which can be downloaded from the intranet from the OH site.this should be sent to the department, along with the employee s job description and details of any previous periods of sickness absence. This is particularly relevant if the reasons for absences are related. The employee must copy in their Local Human Resources Team. The referral should give as much information as possible, including any support or adjustments already made and should ask specific questions if answers are needed on specific issues. 5.4 The OH Department will then contact the employee to arrange an appointment to meet with them. The meeting will assess what the issues are and how they affect their Page 5 of 10

6 employment and what, if anything can be done to help enable the employee s return to work. If necessary, the department will arrange for further meetings and/or refer them to a counsellor if appropriate. It is important to note that these sessions are confidential and, although the Manager will receive basic information regarding the meetings, it is the employee s own decision if they wish to disclose any further details to their Manager. 5.4 Following an OH assessment, OH will produce a report and a copy will be sent to the Manager, which should be acted upon and retained in the employee s P file. The employee is also entitled to receive a copy of this letter. Letters to Managers may contain the consultant s recommendations regarding the employee and their employment or working practices, which may involve suggestions around redeployment, workplace assessments, transfers or adjustments to contractual hours or duties. Managers should acknowledge OH recommendations and make reasonable adjustments where practicable, which may be modified from the original advice. Occupational Health Contact Details Occupational Health Department Pendeen House Royal Cornwall Trust Truro TR1 3LJ Tel: Groupwise Account: Health, Occupational 6. OTHER EMPLOYMENT 6.1 Employees should be reminded that they should not engage in outside employment which may conflict with their current job role or be detrimental to it. They are required to tell the Organisation of any outside work and particularly if they think that they may be risking a conflict of interest in this area. 7. SHORT TERM SICKNESS MANAGEMENT PROCESS 7.1 Sickness Absence is continually monitored and Bradford Scores are complied for a period of 12 rolling months. Managers must carry out an Absence Review Meeting if the Manager has reasonable concerns about an employee s sickness absence or level of attendance, and referral to Occupational Health must be made where appropriate. 7.2 Examples of current triggers for an Absence Review Meeting and a Referral to Occupational Health are: 3 occasions in last 3 months; 10 days absence in six months; Bradford score of 300+; Continuous period of absence of four weeks (any period of absence of over four weeks is defined as long term sick leave) or on receipt of a Fit Note confirming that the employee will be absent from work on sick leave for four weeks or more; Page 6 of 10

7 Pattern of absence which coincides with off duty time e.g. first or last shift in a week, sickness absence directly before or after a weekend / annual leave etc If it has been identified that a staff member has continuing health concerns that may need additional support or reasonable adjustments need to be made. 7.3 Managers do not necessarily have to wait for these triggers to have a discussion with an employee about their absence. For example, a Manager may wish to carry out reviews with an employee who triggers a Bradford Score of 200 points+ but would need to ensure that this criterion is applied to all the staff in the respective managed area. If Managers are not sure whether or not it is appropriate to initiate a meeting, please contact the Human Resources Department for advice. 7.4 PCH will monitor employee s attendance and sickness absence throughout their period of employment and managers may refer to previous absences that relate to sickness for the purposes of managing sickness absence. Where there is an established pattern of absence, the formal process may be instigated without reverting to informal meetings or resetting of targets. 7.5 Before a Manager meets with the employee, it should be ensured that records of their absence are correct and that previous Return to Work/Welfare forms are available. It is also useful to have the sickness record documented in calendar style (available on Electronic Staff Record (ESR) /FirstCare) as a visual aid to show patterns and frequency. Managers should make a note of key points to discuss to assist in structuring the meeting effectively. Use Invitation and Outcome letters for which templates are available on the intranet or via the HR department. 7.6 During an Absence Review Meeting the Line Manager will review support offered previously and will discuss and identify support mechanisms to improve the staff members health and improved attendance. Where possible reasonable adjustments will be made and Occupational Health/Consultant and GP advice will be taken into consideration. 7.7 Target periods are usually set at an Absence Review Meeting as zero absence over 3 months. Underlying medical conditions and The Equality Act 2010 will be taken into consideration when setting targets for improving attendance. 7.8 If a staff member fails to achieve the Target period, the individual will be met with by their line manager as soon as possible after that target has not been achieved. 7.9 If an employee fails to achieve the target set the Line Manager and HR will discuss whether to instigate Stage 1 of the Formal Capability Procedure. The following will be taken into consideration: At what stage within the target period the sickness absence occurred eg. Start of target period, end of target period, immediately after completing their target period, etc. Reason for Sickness Absence Previous Targets set / Previous Absence Reviews Patterns/History of sickness absence Page 7 of 10

8 7.10 If, following a failure to achieve the target the formal capability procedure is not instigated, then a further target period should be re-set from the date of the last sickness absence. The re-setting of the target period does not need to be within an Absence Review and can be done by the line manager following the employee s return to work from sickness absence. However it is advisable to discuss with HR prior to issuing a new target period If a staff member has successfully completed a target period then the line manager will meet with them to inform them that satisfactory improvement has been achieved 7.12 If a member of staff has previously had a high level of sickness absence and there has been an improvement in attendance, if there should be a later increase in sickness absence outside of a target period, this may be considered a pattern of sickness absence and could result in a further Absence Review Meeting or the Formal Capability Procedure may be instigated with the possibility of a sanction being issued. 8. FORMAL CAPABILITY PROCEDURE 8.1 The point at which Managers instigate the formal Capability Procedure depends on each individual case. Managers should use Occupational Health and Human Resources for advice and support throughout the process. The formal procedures should be used when the level of short term frequent absence continues at an unacceptable level. Managing sickness absence is about supporting the employee and being concerned about their health and welfare. It also ensures that the impact on the organisation is minimised and managed fairly and consistently. Any formal warnings given under the Capability Procedure are not questioning whether the absence is genuine, but warning the employee that their level of attendance at work is at an unacceptable level and needs to improve, otherwise, ultimately their employment is at risk. If, however, at the end of the assessment period there has been insufficient improvement in the employee s performance, then the formal process will be invoked. Page 8 of 10

9 8.2 STAGE 1 Potential sanction of a First Written Warning Where informal measures have failed the supervisor/line manager, having assembled all the relevant information, shall arrange a 1 st Stage Capability Meeting with the employee. At the meeting the absence history of the individual will be outlined together with the support measures and adjustments made. The employee will be given every opportunity to present their view or explanation. Whilst there is no doubt that the sickness is of a genuine nature, this needs to be balanced with Service provision. Following the meeting, if the outcome is a sanction of a First Written Warning, the employee shall receive written notification of the Warning, confirming that it will be placed on the P File for six months and that there is a right of appeal. A further target of zero absence is to be set with a review date for 3 months time. A copy of this written warning will be kept by the supervisor but will be disregarded after six months subject to achievement and sustainment of satisfactory attendance. If, however, at the end of this assessment period there has been insufficient improvement in the employee s attendance and further absences have occurred, then Stage Two of the formal process will be invoked. 8.3 STAGE 2 Potential sanction of Final Written Warning The employee shall be invited to a hearing at which the line manager shall present the management case with support from a HR representative detailing the employee s absence history and of the steps taken to encourage an improvement in the employee s attendance at work. The employee shall be invited to present their case with representation if they require. The case will be heard by an independent panel which will make a decision based on the evidence heard and case presented. The panel will be comprised of a Senior Manager with dismissal rights, who has not been involved previously, together with an HR Representative. If the outcome of the hearing is a sanction of a Final Written Warning, the employee shall receive written notification of the Warning, confirming that it will be placed on the P File for 12 months and that there is a right of appeal. A further target of zero absence is to be set with a review date for 3 months time and any further recommendations should be adhered to. A copy of this written warning will be kept by the supervisor but will be disregarded after 12 months subject to achievement and sustainment of satisfactory attendance. Where, following the issue of formal warnings(s), the employee's attendance does not improve to the required level, following consultations with the Human Resources Department, the matter shall be referred to Stage 3 of the procedure STAGE 3 Potential sanction Dismissal The employee shall be invited to a hearing with a senior manager. At the hearing the line manager shall present the management case with support from a HR representative detailing the employee s absence history and of the steps taken to encourage an improvement in the employee s attendance at work. The employee shall be invited to present their case with representation if they require. Page 9 of 10

10 The case will be heard by an independent panel which will make a decision based on the evidence heard and case presented. The panel will be comprised of a Senior Manager with dismissal rights, who has not been involved previously, together with at least one other manager and an HR Representative. If the outcome of the hearing results in Dismissal on the grounds of lack of capability due to poor attendance, the employee shall receive written notification of the Dismissal confirming, notice period as specified in their contract of employment or, where this is not possible, payment in lieu of notice The letter shall state the grounds for the action taken and confirm the employee s right of appeal. 8.5 RIGHT TO APPEAL At any stage of the formal Capability Procedure a sanction is issued the Staff member will be give the right to appeal against the decision. Appeals should be made in writing stating the reason for appealing. The appeal letter should be sent to the appropriate senior manager, and the staff member will be informed of who this is in the letter following any stage of the process. 8. MANAGING ABSENCE FAIRLY UNDER THE EQUALITY ACT 8.1 Employees who are considered to fall within the scope of the Equality Act (i.e. have a long term disability that affects normal daily living) should be managed appropriately and on an individual basis. If all their absences are related solely to their disability, Managers may need to consider reasonable adjustments, retraining or redeployment in order to help improve their attendance. An employee with a disability may be more liable to take time off because of their disability and it is reasonable for an employer to expect this and help them to manage their attendance. Their attendance targets should reflect this while still taking into account the continued operation of the Organisation and patient services. 8.2 If an employee with a disability has absences that are not related to their disability in any way then their absence should be managed in the same way as any other employee. Please contact the Human Resources Department for advice. Short Term sickness absence guidance, forms and letter are available on the Intranet or from your HR Team Page 10 of 10