Brothers of Charity Services Clare. Sick Pay Policy. Policy Statement No Date: 8 th October, Mary~M'.ll ~ Chief Executive

Transcription

1 Brothers of Charity Services Clare Sick Pay Policy Policy Statement No Signed: Mary~M'.ll ~ Date: 8 th October, 2010 Chief Executive Policy No: Implementation Date: 8 th October, 2010

2 TABLE OF CONTENTS 1. Introduction to the Sick Pay Scheme General Conditions Operating Procedure Notification ofabsence from Work due to Illness Medical Certificates... 4 Abuse of Sick Leave Return to Work Interview Review of Sick Pay Policy... 5 Appendices 1-3 1

3 Sick Pay Policy Review Group Members Colette Geoghegan, Senior Human Resources Officer Eamon Loughrey, Finance Manager Noelette Moroney, Payroll Administator I- Sick Pay Policy SStatus YearlNo Type Description Status 2005/02 Policy Sick Pay Policy Obsolete 2010/01 Policy Sick Pay Policy Current 2

4 1. INTRODUCTION TO THE SICK PAY SCHEME In keeping with the Ethos of the Brothers of Charity it is the policy of the organisation to grant sick leave to employees who are unable to work due to injury or illness. It should be noted that membership of the scheme is discretionary; this means that the benefits of the scheme will be withdrawn where it is established that a staff member is not abiding by the rules or by the spirit of the scheme. As part of scheme membership, employees must take responsibility for their own health and welfare. There are various conditions to this leave and to whether or not an employee is paid for this leave. The conditions vary depending on the status of staff. The scheme is briefly outlined in Appendix I for information purposes. If you are in doubt as to whether an employee is entitled to be paid while out on sick leave, please contact the payroll office. Responsibility for ensuring that time sheets are correctly completed in respect of any period of sick leave rests with the Manager. Your Manager will monitor sickness absence. 2. GENERAL CONDITIONS The following general conditions apply to all grades of staff: The entitlement to sick leave payment while on sick leave is at the discretion of the Chief Executive. Rest days, Saturdays and Sundays, falling within a period of sick leave, count as sick leave, and a medical certificate must be produced to cover the total period of absence. For the purpose of this scheme, every day occurring within a continuous period of sick leave will be reckoned as part of the period. Paid sick leave applies to basic hours only, premium payments are not paid under any sick leave scheme. After two days of continuous absence, a medical certificate must be furnished on the third day stating the nature of the illness and its likely duration and the expected date of return. Certificates must be signed by a registered medical practitioner or dentist. Medical certificates should be furnished at weekly intervals, where the illness extends beyond the period of the first certificate. Any employee with paid sick leave of more than three days must submit a claim to Social Welfare - the cheque from Social Welfare must be given to Payroll Department if the Social Welfare claim is denied we must get a 3

5 copy from social welfare stating same. If it is denied due to a late claim the employee will be liable for payment of the social welfare amount. If the employee neglects to make a social welfare claim for the period of their illness, the employee will be liable for payment of the social welfare amount. At all times, there must be a reasonable expectation that the employee will be able to return to the work for which s/he was employed. The Brothers of Charity Services Clare reserves the right to request the employee to undergo an independent medical assessment. Continual payment of sick pay is conditional on the employee authorising the release of their medical records from their own medical practitioner/dentist to the organisation's Medical Practitioner, on request. The Brothers of Charity Clare will incur the cost of an independent medical assessment if necessary. Sick pay may be withheld where an employee does not observe the sick leave procedure. If the illness occurred as a result of an accident and the employee is successful in a claim for injuries, the employee will be expected to repay any sick pay received. Where sick leave occurs as a result of an incident at work, it is recommended that the advice of the Chief Executive and Human Resources be sought. The Chief Executive shall have the discretion, where special circumstances apply to alter any of the conditions of the scheme. If the matter remains unresolved having gone through the above procedures, it may be referred to an appropriate third party. 3. OPERATING PROCEDURE Notification of Absence from Work due to Illness On the first day of illness an employee must advise his/her immediate supervisor/manager within two hours of their normal starting time that s/he is unable to attend work. S/he must specify the reason for and the expected duration of the absence. An employee must make verbal contact with their supervisor - texting is not a suitable method of contact. 4

6 An employee must advise herlhis supervisor/manager before the next roster duty, whether slhe will be fit to return to work. This is particularly important if relief staff will be required in the absence ofthe employee. An employee must advise herlhis supervisor/manager one week in advance of an appointment arranged with a doctor/hospital, except in emergencies. Medical Certificates A Medical Certificate must be submitted for any illness exceeding two consecutive calendar days or more. Medical certificates should indicate the nature of and the likely duration of the illness and the expected date of return. Certificates must be signed by a registered Medical Practitioner or Dentist. For extended periods of absence a final certificate of fitness must be produced before returning to work. Medical Certificates should be submitted to your Manager to ensure that the payroll department receives it in a timely manner. You must ensure that the dates on the Medical Certificate match exactly the dates of sick leave taken. If the medical certificate is not produced for the period of illness on or before returning to work you will not be paid. It is your responsibility to submit your medical certificates on time. Under no circumstances will backdated certificates be accepted. Weekly certificates must be provided as long as the absence continues. For hospital/consultant appointment employees must submit a letter of appointment stating the time and date of the appointment with their request for leave to attend the appointment. Failure to produce medical certificates may cause herlhim to be excluded from the scheme. Abuse of Sick Leave The granting of sick leave and/or sick pay is not an automatic right, but is at the discretion of the Brothers of Charity Services Clare. An employee's sick pay entitlement may be suspended for a 12 month period if there is evidence ofabuse of the scheme. The scheme is designed as a benefit for employees genuinely absent from work due to illness or injury. If, in the Brothers of Charity Services Clare 5

7 opinion, a person is not complying with the spirit of the scheme, benefit may be terminated immediately. Where an employee deliberately defrauds the scheme, this may be treated as serious misconduct and may lead to disciplinary action under the Disciplinary Procedure. It will be considered gross misconduct for an employee to undertake any other paid employment whilst absent through illness and may result in disciplinary action including dismissal. Return to Work Interview An employee will be required to undergo a return to work interview with their Manager on returning to work after all Certified Sick Leave. These interviews should be conducted with sensitivity where an employee's sick leave is generally very good, an informal enquiry about the state ofhlher health will suffice. Where an employee's sick leave record is extensive i.e. regular recourse to short period of either certified or uncertified sick leave a manager should advise the employee that hjhis level of sick absences is a cause for concern and may lead to re-examination of the employee's sick pay entitlement (please see Appendix II on Guidelines for Return to Work Interview). 4. REVIEW OF POLICY The Sick Pay Policy will be monitored and reviewed annually. 6

8 APPENDIXl Sick Scheme Outline

9 Sick Scheme Outline SENIOR MANAGEMENT AND NURSES In Continuous Employment with the Brothers of Charity for: Less Than 6 Months More than 6 months. less than one year Over one year 'Jl!'T'l Z e r;:o:'= zs: c::> :.=Z 'Jl> ~" ~!'T'l ~ Permanent No Sick Pay Six Uncertified Sick (Calendar) Days during the first year service 6 Months Full Salary paid for Certified Sick Leave, and pay at half salary for a further six months. Limit of 365 days paid sick over a four-year rolling period. Six Uncertified Sick (Calendar) Days in a 12-month rolling year. 6 Months Full Salary paid for Certified Sick Leave, and pay at Ihalf salary for a further six months. Limit of 365 days paid sick over a four-year rolling period. ALL OTHER In Continuous Employment with the Brothers of Charity for: STAFF Less Than 6 More than 6 months, less Months than one year Full-time No Sick Pay Six Uncertified Sick (Calendar) Days during the first year service Over one year Six Uncertified Sick (Calendar) Days in a 12-month rolling year. 6 Weeks Paid Certified Sick 12 Weeks Paid Certified Sick ;g Leave (39 hours x Hours) Leave (39 hours x 12 = 468 Hours) during the first year service Over a 12 month rolling year. ::= ~ Six Uncertified Sick (Calendar) Six Uncertified Sick (Calendar) ~ Part-Time No Sick Pay Days during the first year service Days in a 12-month rolling year, pro-rated to contract pro-rated to contract. 6 Weeks Paid Certified Sick 12 Weeks Paid Certified Sick Leave (39 hours x 6 = 234 Hours) Leave (39 hours x Hours) during the first year service, pro- Over a 12 month rolling year,prorated to Contract. rated to Contract. Full-Time No Sick Pay Six Uncertified Sick (Calendar) Days during first year service Six Uncertified Sick (Calendar) Days in a 12-month rolling year. ;1 3: 6 Weeks Paid Certified Sick 12 Weeks Paid Certified Sick Leave (39 hours x 6 = 234 Hours) Leave (39 hours x Hours) during first year service Over a 12 month rolling year. -= Six Uncertified Sick (Calendar) Six Uncertified Sick (Calendar) 0 Part-Time No Sick Pay Days during first year service. Days over a 12 month rolling year ::= pro-rated to contract pro-rated to contract ::= > Must Have worked a minimum of Must Have worked a minimum of -< 120 hours in each calendar month. 120 hours in each calendar month. 6 Weeks Paid Certified Sick 12 Weeks Paid Certified Sick Leave (39 hours x Hours) Leave (39 hours x 12 = 468 Hours) pro-rated to contract during first Over a 12 month rolling year, proyear service. rated to contract.

10 ~- ~ := Relief No Sick Pay r NO Uncertified Sick Leave Allowed Must Have worked a minimum of 120 hours in each calendar month. 6 Weeks Paid Certified Sick Leave based on the average hours worked over the last 13 working weeks, during the first year of service NO Uncertified Sick Leave Allowed Must Have worked a minimum of 120 hours in each calendar month. 12 Weeks Paid Certified Sick Leave based on the average hours worked over the last 13 working weeks, over 12 month rolling year.

11 APPENDIX 2 Guidelines on Conducting a Return to Work Interview

12 Guidelines on Conducting a Return to Work Interview A Return to Work Interview should take place, in private, after every period of certified absence. In the majority of cases the interview will be informal, simple and fast. Returning absentees needn't be overly aware of the structure and should simply feel that their line manager has supported them. Return to Work Interviews should take place within 48 hours of the employees return to work. Preparing for the Interview Ensure you have the right information available. Be prepared to discuss any trends or patterns of absence. Remember this is NOT A DISCIPLINARY HEARING - you are trying to establish the facts. Approach the meeting with an open mind and no prejudements. Conducting the Interview The following structure should be followed: 1. Welcome back 2. Enquire about health 3. Any consequences ofabsence 4. Future action 5. Completion of formalities During the interview, ensure that you give the employee every opportunity to discuss any concerns that they may have with regard to their absence. Do not be judgemental, become overinvolved, make assumptions about their absence, or attempt to give any advice that you are not qualified to give. I. Welcome back Begin the interview by welcoming back the member of staff and letting them know that they have been missed. Explain the purpose of the interview, and make it clear that it is routine to conduct one with all members of staff who are absent due to sickness and on every occasion of absence. 2. Enquire about health You need to gain information on the following: Whether the member of staff is fit enough to resume their duties. Whether the absence was work related. What steps the member of staff has taken towards their recovery, ensuring the question is led in a supportive way. What preventative measures they are taking to reduce the likelihood of such absence occurring in the future. Be sensitive to employee's feelings where personal problems and illnesses are involved.

13 A void asking intrusive medical questions of the employee, while at the same time seeking to establish the basic underlying cause of the absence. These areas should be explored in a caring and concerned manner. The best way to do this is by active listening i.e. listening carefully to what the person has to say and by not challenging them at this stage. 3. Any consequences of absence In cases of persistent absence, you should take this opportunity to remind the member of staff of the importance of full attendance wherever possible. You should point out the actions that either you or other colleagues had to take as a result of their absence e.g. working extra hours, employing extra help. Discuss any observations you have made regarding their absence e.g. if their absence seems to form a pattern, and explore ways in which you can help the member of staff attend as required. 4. Future action In cases of persistent absence, you should explain that continued periods of absence could lead to formal action being instigated. In all cases, you should summaries any action that you have agreed should take place e.g. referral to the Employee Assistance Programme (EAP), changes to working arrangements etc. You should ensure that it is clear who will be taking this action and whether anyone else needs to be involved. 5. Completion of formalities You should now complete the Return to Work Interview Form (Appendix 3), ensuring that you note any future action you have agreed to take as above. This form should then be forwarded to Human Resources for filing.

14 APPENDIX 3 Employee Return to Work Interview Form

15 Brothers of Charity Services Clare Banner House, Clare Road, Ennis, County Clare T: F: Employee Return to Work Interview Form For completion by Manager and upon completion to be returned to Human Resources for review and filing purposes. Employee Name: Employee I.D. #: Position: Work Location: Regional Manager/Co-Ordinatorrream Leader: PERIOD OF ABSENCE Date of 1at day of Absence Date of Return to Work REASON FOR ABSENCE Was the absence related to an accident at work? If YES was the accident/incident reported?. Date that the accident/incident was reported Are you fully fit to return to work? Are there any adjustments to workplace/hours/duties to be made that facilitate a return to work or eliminate absence? Yes Yes No No Any further information e.g. discussion / actions / recommendations etc. SIGNATURES I Employee: j.:'mgwe" Date: Date: