Attendance management Policy

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1 Attendance management Policy Policy summary West Yorkshire Police supports police officers and police staff, absent from work due to sickness and will treat them with compassion and respect. This policy procedure will provide managers with clear guidelines in taking the appropriate and timely action when seeking to assist their recovery and help them to return to work as quickly as possible. The Force will put in place reasonable adjustments to assist officers and staff with medical conditions to contribute effectively and will deal with sickness issues fairly and in a caring manner. Our communities, including taxpayers who fund West Yorkshire Police, expect the Force to operate efficiently and a key principle of that is the exchange of productive work from officers and staff for the salary they receive. The processes that will be applied and various channels of management support are set out in this policy. Aim This policy aims to explain the: procedure that you and your line manager are expected to apply when you are absent from work due to sickness; roles undertaken by HR managers and their staff in support of the procedure; Force Attendance Standard that you are required to meet; Force attendance monitoring and management processes; and role undertaken by Occupational Health. Scope This policy covers all police officers and police staff. Compliance Data Protection policy Disability policy Equality Act 2010 Guidance on unsatisfactory performance and attendance procedures Health and Safety at Work Act 1974 Home Office Guidance on Unsatisfactory Performance Procedures (UPP) Medical capability police staff Police (Performance) Regulations 2012 Police Regulations 2003 Probationary Period Police Staff

2 Stress at Work policy Unsatisfactory attendance procedure police staff Chapter 1 Principles Employee undertaking Police officers and staff should take personal responsibility for maximising their attendance and being effective at work and recognise the: serious implications of poor attendance for themselves, the Force, and the communities we serve; and impact that absence has on colleagues in terms of workloads. Confidentiality All matters relating to ill health and absence will be dealt with in confidence. Information will only be shared in line with medical confidentiality guidance and legislation. Absence record All sickness absences, irrespective of the reason for the sickness absence, must be reported, recorded and managed in line with this policy. Disability If you have a medical condition that is not specifically defined as a disability covered by the Equality Act 2010 it is the responsibility of your HR manager, in consultation with Occupational Health, to make a decision on whether the condition you suffer from is considered to be a disability covered by the Act. If you consider that you have a disability that is covered by the Equality Act 2010 which has not previously been declared you should write to your HR manager who will consider your case and decide whether your disability is covered by the Equality Act in accordance with the Disability policy. This information will be treated in strict confidence. If you have a recognised disability this will be recorded on the HR IT system. Absences that are due to a recognised disability will be recorded on the HR IT system as disability-related sickness. If it is agreed that your disability is covered by the Act and you request that it should be covered retrospectively, your HR manager will determine in consultation with Occupational Health the date from which it is covered. If necessary previous absences as a result of this condition will be reclassified as disability-related sickness and consideration will be given as to whether any such absences should

3 be excluded from the attendance standard as a reasonable adjustment and, if necessary, which formal procedure is appropriate. Police treatment centre / convalescent facilities The decision whether an officer is allowed to attend a Police Treatment Centre (PTC) in duty time is not a medical decision, but one for the HR manager. Similar consideration can be given to police staff attending other recognised trade union convalescent facilities. Chapter 2 Attendance standard Introduction The Force has set an attendance standard, which applies to all full and part-time police officers and police staff subject to the exclusions below. You will breach the attendance standard if you have: No Action 1 three or more sickness absence periods in a rolling twelve month period; or 2 ten or more working days sickness absence in a rolling twelve month period. Rolling twelve months The measurement period covers the previous 12 months. For selection processes it is the twelve months prior to the closing date for applications. When considering informal action the twelve month calculation is taken from the date that the attendance standard is breached. Applies to The attendance standard will apply to: informal and formal attendance management processes; recruitment and selection processes for all posts, including external applicants; promotion processes; 30+ Retention Scheme applications and extensions; and requests for desirable training.

4 Does not apply The attendance standard will not apply to: Step Action 1 career breaks; 2 postings into recuperative posts or where the posting is part of a specific programme to improve individual confidence or morale, agreed by your HR manager; 3 moves to meet organisational needs in exceptional circumstances, as determined by the Head of Operational HR; or 4 applications for the special constabulary or volunteer programme. Exclusions All parties are expected to engage in the attendance management process. The absences detailed below are excluded when determining whether officers or staff, are eligible to apply for HR processes. Informal and formal attendance management procedures will still apply to excluded absences and all excluded absences should be managed in accordance with the principles of this policy. Absences covered by categories 1 and 2 below will be automatically excluded. For absences relating to categories 3, 4 and 5 you will be required to submit an to your HR manager requesting that the absence be excluded within 21 days of returning to work. No Exclusion 1 Pregnancy related sickness absences. 2 If you have had zero sickness absence over the previous 12 months on the day your absence starts then your absence will be excluded from any consideration as to whether the attendance standard has been breached. Only one period of absence can be excluded in this way in a 12 month period. 3 Absences directly related to a condition covered by the Equality Act may be excluded if the HR manager determines, following relevant consultation, including Occupational Health, that some insubstantial amount of additional sickness absence can be regarded as a reasonable adjustment. Some disabilities will not require any additional absence to be allowed. Each individual case is different so management referrals to Occupational Health for officers

5 and staff covered by the Equality Act should request guidance as to the likely additional absence (if any). Your HR manager will then determine what level of additional absence is reasonable taking into account the nature of your condition, your role and your views. 4 Injuries sustained by officers or staff in the course of active operational duties (including where an officer places themselves on duty outside normal working hours), or in the course of operational training, provided that an incident/injury report was submitted at the time or as soon as practicable thereafter, and your HR manager determines that the officer or member of staff was not careless in causing their injury. Further guidance about excluding an injury on duty can be obtained from the Health and Safety section of Occupational Health. 5 If it is considered by your HR manager that two or more absences are for the same reason and directly linked to the same occurrence your HR manager may count them as one period of sickness absence. This will only apply if it is considered that the absences occur within a reasonably short period of each other or, if further medical treatment is required, as a direct result of your initial condition. Less than twelve months service For student officers and probationary staff with less than twelve months service the Force attendance standard should be applied prorata. During their probation period attendance issues for: student officers should also be managed as per Police Regulation 13; and probationary staff should also be managed as per the Probationary Procedure for Police Staff. Pro rating When pro rating, fractions should be rounded up to the nearest whole number for both occasions and days. Appeal Dispute decision You can appeal if you dispute the decision reached by your HR manager over whether a particular sickness absence should be excluded. You should submit your appeal in writing to the Head of Operational

6 HR setting out the reasons for your appeal: via your HR officer; and as soon as possible following the decision of your HR manager but no longer than 14 calendar days after receiving their decision. Appeal decision The Head of Operational HR will: consider your appeal within 28 working days of receipt; write to you about the decision within three working days of it being made; and forward a copy to your HR officer. Chapter 3 Sickness absence Notification Initial notification If you are unable to attend work because you are ill or injured then immediately you become aware of your intended absence or in any event before your usual starting time you must : No Detail 1 make telephone contact with your line manager; 2 if they are not available make telephone contact with your second line manager or the manager on duty; 3 if no managers are working, contact the most senior person available; and 4 it is your responsibility to report your absence to your line manager by telephone promptly. Local notification arrangements Divisions or departments may introduce a specific notification process in order to accommodate their local operational arrangements. You must be informed of and comply with any local processes. Contacting on your behalf Another person should not telephone on your behalf unless you are unable to phone personally. Notification by or text message is not ordinarily acceptable but where this has to be done as a last resort you must make yourself available to answer the phone as your manager will call you back in such circumstances as soon as they are able to do so. Maintaining contact During your first week of absence you must telephone your line manager daily or at times agreed with your line manager, to provide an update on your condition and your expected return to work date,

7 unless the circumstances of your condition prevent this. Fit Notes If your sickness lasts longer than seven calendar days, you must obtain a Fit Note signed by a doctor that applies from at least the eighth day onwards. This Fit Note, along with any further notes, must be sent to your line manager or other nominated person as soon as possible. Saturdays, Sundays, rest days and public holidays must be included in your calculation. Failure to provide a Fit Note will affect your pay and could lead to disciplinary action. Visits Welfare visits Your line manager will arrange, with your agreement, to visit you: Stage Description 1 if there is no anticipated return to work date. They will endeavour to visit within the first 7 calendar days of your absence; 2 if there is an anticipated return to work date they should arrange to see you within 14 calendar days; 3 at an agreed location, usually your home; 4 to explain the support and assistance, e.g. recuperative or restricted duties, that the Force can provide to assist your return to work at the earliest opportunity; 5 where it is appropriate, with your HR officer or a more senior manager; and 6 at regular intervals during your sickness absence. Content and structure of visits Your line manager will: Step Action 1 ensure visits are structured and supportive with a standard agenda but will also be flexible to meet your needs and circumstances; 2 as part of the visit ask you for an update about your illness or injury and your expected return to work date; and 3 discuss referral to Occupational Health unless there is a planned return to work date.

8 Referrals Occupational Health If your sickness absence continues your agreement will be sought to participate in a referral to Occupational Health for a medical assessment of your condition and any action necessary to assist your recovery and return to work. You may be referred to Occupational Health at any time. This is a supportive measure and it is expected that it will apply to all sickness absences irrespective of the cause. All referrals will be in accordance with the informed consent procedure. The contents of all referral documentation will be discussed with you in full and your manager will seek your written consent to attend and for the production of a referral report. All information provided to Occupational Health constitutes personal data under the Force Data Protection policy. Such personal data must be processed in accordance with the principles of the policy and officers and employees have the right of access to it. Should you decline to engage in the referral process, then any attendance management action taken will be on the basis of whatever information is available to the Force. If you are a member of staff who ordinarily carries out your duties within the boundaries of another Force the referral may be arranged by West Yorkshire Police Occupational Health to take place within the nearest Force to where you carry out your duties. If you are an officer seconded to West Yorkshire Police, any referral will be made by the Force from which you are seconded. Access to medical records Occupational Health are obliged to record relevant personal information provided to them, whether in writing or verbally, on the officer/employee s medical record. Officers and employees have a legal right to view all information recorded in their own medical record. Managers are not permitted to view information in medical records without the consent of the officer or employee. Continued absence Absent for more than one month If you are absent due to sickness for more than one month then a case conference will be held, unless there is an agreed return to work date.

9 Return to work Return to work interview When you return to work, your line manager must have a meeting with you on your first day back. Where this is not possible, e.g. if your manager is on leave, the interview will be carried out within three days of your return to work or as soon as is practical. Formal procedures Police officers You should be informed that any formal action will be in accordance with the procedures set out in the Police (Performance) Regulations 2012 and the Home Office Guidance on Unsatisfactory Performance Procedures Police staff You should be informed that any formal action will be in accordance with the procedures set out in the Unsatisfactory Attendance Procedure - Police Staff. Admin Last revised: November 2013 Scheduled for review: November 2015

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