Provide Attendance Management Policy & Procedure

Transcription

1 HRPOL31 Provide Attendance Management Policy & Procedure Type: Employment Policy Distribution: All Provide managers and staff Approved by: Staff Partnership Forum Version 2.0 Issue Date: October 2013 Review Date: October 2015 Replaces Policy: HRPOL 9 Managing Sickness Absence Policy & Procedure Contact for guidance: HR Business Partners

2 CONTENTS PAGE NUMBER POLICY STATEMENT 4 PROCEDURE 4 1. SCOPE 4 2. KEY PRINCIPLES 4 3. INTRODUCTION 6 4. REPORTING ABSENCE EMPLOYEES & MANAGERS 7 5. RETURN TO WORK 8 6. CONTAGIOUS DISEASE 8 7. HOSPITAL/MEDICAL APPOINTMENTS 9 8. CONFIDENTIALITY 9 9. REPRESENTATION WORKING EXTRA HOURS, AGENCY OR BANK SHIFTS 10 FOLLOWING SICKNESS ABSENCE 11. MANAGING PERSISTANT, SHORT TERM, INTERMITTANT 10 ABSENCE 12. INFORMAL REVIEW FORMAL REVIEW STAGE FORMAL REVIEW STAGE FORMAL REVIEW STAGE 3 REFERRAL TO SNR MGT MANAGING LONG TERM ABSENCE INFORMAL REVIEW STAGE FORMAL REVIEW STAGE FORMAL REVIEW STAGE FORMAL REVIEW STAGE 3 17

3 21. APPEALS LINKS TO OTHER PROCEDURES MONITORING 20 APPENDICES 1. NOTIFICATION OF ABSENCE & CONTACT DURING 21 ABSENCE A GUIDE FOR MANAGERS & EMPLOYEES 2. SELF CERTIFICATION SICKNESS FORM RETURN TO WORK PERMANENT INCAPACITY SUMMARY OF DEALING WITH SHORT TERM, 28 INTERMITTANT SICKNESS ASSUMING REQUIRED STANDARDS ARE NOT MET DURING THE PROCESS 6. EQUALITY IMPACT ASSESSMENT 29

4 POLICY STATEMENT ATTENDANCE MANAGEMENT POLICY & PROCEDURE Provide is committed to working jointly with the trade unions to maintain the health, safety and welfare of all its employees and through its policies and practices, to promote and encourage good attendance. Provide believes that full attendance, where possible, is an important factor in ensuring that Provide can provide good quality and efficiently run services providing value for money to its customers. Provide is an equal opportunities employer and positively encourages applications from suitably qualified and eligible candidates regardless of sex, race, disability, age, sexual orientation, gender reassignment, religion or belief, marital status, or pregnancy and maternity. Provide is committed to treat each case on its merits taking account of all the circumstances including the employee s known disability or illness and making reasonable adjustments following advice from Occupational Health if necessary. PROCEDURE 1. SCOPE 1.1 This procedure applies to all employees of Provide. The formal process does not apply to employees who are within their probationary period of service (refer to the Probationary Procedure) but the sickness reporting procedures do apply. 2. KEY PRINCIPLES 2.1 Provide has a duty of care to ensure the health & safety of employees and recognises that in addition to formal policies and procedures, there are other measures that can be taken to help reduce the levels of absence and to contribute to the health and well-being of employees. These fall into four key areas: Promoting a healthy environment and healthy living, including assisting employees to identify stressors and manage the causes of absence. Promoting a culture that encourages attendance. Monitoring, measuring and understanding information about absence. Managing sickness absence appropriately when it happens. Managers are expected to:- Ensure that any offer of employment is made subject to Occupational Health (OH) clearance and that any recommendations made by OH are implemented. Ensure that confidentiality is maintained in relation to information about sickness absence. Ensure staff are aware of the Attendance Management Policy & Procedures and their responsibilities in relation to sickness absence upon commencement of employment. Ensure that, for employees who have a disability, reasonable adjustments are

5 made in line with the Equalities Act 2010 where appropriate to support & improve attendance at work. Manage sickness absence in a fair and consistent manner taking into account the differences of each employee and the reasons for their non-attendance at work. Ensure sickness absence is reported fully & accurately and that sickness data is complete & correct. Regularly monitor their employees attendance and absence levels, making good use of the management information provided by the Human Resources department and seeking further advice where necessary, in order to identify attendance issues that need acting upon. Agree regular contact and communication with staff who are on long term absence, in terms of type and frequency of contact, and to keep a log of this (the Contact Monitoring Form is available for this purpose- see Manager s Guide to Managing Attendance) and ensure that all contact with absent employees is carried out in a supportive manner to avoid the potential for this to be perceived as harassing the employee. Carry out Return to Work meetings with all employees who return following any period of sickness absence. Establish clear plans of action demonstrating how actions have been decided on and how the action will support the management of the absence. Make referrals to Occupational Health to check that the employee is able to perform all their duties and/or consider whether a temporary/permanent change in duties or other supporting mechanism is required to the work or work environment to ensure the employee s continued health. Ensure employee safety and well-being at work, and in agreement with the employee, a manager / supervisor may refer an employee to occupational health irrespective of whether or not the employee has been absent from work due to sickness. To seek advice from Human Resources where necessary and act on it as appropriate. To make referrals to and seek advice from Occupational Health and to act on it as appropriate. Ensure they discuss the employee s behaviour whilst absent to ensure it is conducive to recovery and they are not engaging in activities that may prolong their absence. 2.2 Employees are expected to:- Act responsibly with regard to any type of absence and to adhere to the rules laid out in the Policy and Procedure and as agreed with their manager/ supervisor. Follow all notification and certification procedures. Make sure they clearly communicate with their manager regarding the reasons for being away from work. Participate in Return to Work meetings and attend Occupational Health if required. Be contactable whilst off sick and to respond to communications from the manager within the guidelines of the policy If on long term sick, an employee should still be able to attend meetings to discuss their absence / Occupational health appointments Inform their line manager if they have a disability including the nature of the disability, how it impacts on their work and any requirements or adjustments needed to enable them to fulfil their role. This must be done either at the start of

6 employment, or when a disability is acquired, if this is during the course of employment. Ensure that their behaviour during a period of sickness absence is not inconsistent with that absence or detrimental to their recovery. If such behaviour occurs, the manager/supervisor will bring it to the attention of the employee and, if appropriate action may be taken in accordance with the disciplinary policy and procedure. Report if they are taking any prescription or over the counter medicines which may cause impairment to their work performance and/or any side effects as part of their duty of care e.g. drugs which affect ability to drive or operate machinery. Ensure that if they wish to see Occupational Health, they need to discuss with their line manager / supervisor if appropriate. 3. INTRODUCTION 3.1 The procedure described in this document will be followed when an employee is unable to attend work regularly due to sickness. It covers short term, intermittent and long term absence. 3.2 The aim of this policy is to encourage employees to have regular attendance at work and assist managers to reduce levels of sickness absence in their teams in a fair and consistent way. 3.3 Any proven abuse of the scheme will be dealt with under the disciplinary procedure and could also result in pay being withheld or withdrawn. 3.4 Under the Equalities Act 2010, there is a legal obligation on employers to make reasonable adjustments to premises or working arrangements, etc. to facilitate access to work for disabled people and to enable an employee who becomes disabled during the course of his/her employment to remain in work. Please see separate guidance on Managers Guide to Managing Attendance. 3.5 Special consideration needs to be given to absences related to a disability, pregnancy, contagious disease and industrial injury. The HR Business Partners can advise in such cases. 3.6 Line managers are responsible for monitoring and controlling absence within their teams and must always tackle sickness absence where it occurs in their teams, fairly and consistently, using the procedure. The HR Business Partners are always available to provide guidance and support to managers at any stage of the procedure. 3.7 Provide is committed to reducing overall sickness absence to an average of less than 9 days lost per full time equivalent employee, per year. 3.8 Departmental sickness reports will be produced on a monthly basis, highlighting employees who have reached or exceeded the Provide trigger points. Managers are expected to make good use of this management information and will be required to account for levels of attendance in their teams. 3.9 The opinion/advice of Occupational Health should be sought whenever appropriate. An up-to-date medical opinion must be obtained before any decision

7 is made to alter an employees terms and conditions of employment or dismiss an employee on health grounds For absence identified as being due to stress, an immediate referral to Occupational Health should be undertaken and the manager should also make contact with the employee at the first available opportunity either by phone or by meeting them if agreed, to discuss the causes of the stress and to seek any measures that can facilitate an immediate or early return to work. A stress risk assessment should also be conducted in line with the process outlined in the Psychological Wellbeing of Staff policy. In the instance of musculo-skeletal injuries an immediate referral to Occupational Health should also be undertaken An absent employee should not undertake any work paid or otherwise during their absence unless they have discussed this with their manager and obtained Occupational Health advice as appropriate. If therapeutic work is recommended as part of the phased return, then attempts will be made to identify suitable duties for the employee Manager in the context of this procedure means anyone who supervises employees and has responsibility for managing sickness. 4. REPORTING ABSENCE EMPLOYEES 4.1 An employee who is absent from work due to sickness must notify their line manager at the earliest opportunity. Periods of sickness absence of less than seven calendar days must be reported using the Self Certificate Form (See Appendix 2). For periods of sickness of more than seven calendar days a medical certificate is required. All certificates must be sent to their manager as soon as possible. Where an employee is absent from work due to sickness they are encouraged to discuss aspects of their work that they may be able to do with their GP and where possible obtain a fit note. (See section 7 of Manager s Guide to Managing Attendance) 4.2 Unauthorised Absence Circumstances surrounding any unauthorised absence must be fully investigated, and if appropriate, the matter will to be dealt with as mis-conduct under the Disciplinary Policy. MANAGERS 4.3 It is the responsibility of the manager to ensure that the employee s absence is notified to Provide payroll provider (Anglia Support Partnership). This should be done either by completing a P6 form or by recording the absence on the Easypay system. Managers must record the reason for absence and remember to close the absence period on Easypay or send part 2 of the P6 form when an employee returns to work. This part of the process is critical because accurate, timely

8 absence information is essential for Provide to monitor & manage its absence levels and also reduces the risk of overpayment. Continual failure to do this without good reason could result in disciplinary action being taken against the manager. 4.4 Separate recording of industrial injury, pregnancy and contagious disease related sickness is necessary. Although cases of absence due to a disability, pregnancy, contagious disease or industrial injury, will be taken into account when determining triggers a different approach may be taken in respect of counting such absence towards absence targets. Where absence is related to pregnancy, contagious disease or industrial injury this will usually be discounted from absence targets set as part of the informal and formal stages of the absence procedure. In the case of absence relating to disability a reasonable adjustment may include setting individualised targets. Managers should seek advice from the HR Department before taking further action 4.5 In the case of an absence being due to an accident at work (industrial injury) then it is a legal requirement that such an absence is reported to the Health and Safety Executive. Therefore as soon as you are aware that an accident has happened, you must report it to the Health and Safety Manager using the Datix system. Very serious incidents (if someone is killed, breaks a bone, or loses consciousness etc.) should also be reported immediately to the Health and Safety Manager by telephone. 4.6 Where an employee is subject to an accident at work or sustains an injury in the course of their work they may be eligible to receive either Temporary or Permanent Injury benefits. Further advice should be sought from the HR department. 5. RETURN TO WORK 5.1 Any employee who has been absent due to sickness, even if only for half a day, should be contacted and where possible interviewed by his/her line manager (or deputy, where the line manager is not on duty), preferably on the first day back at work (and in any event within a period of not more than 5 days after their return). 5.2 The standard Return to Work form should be completed and kept on the employees file. The form, along with guidance for both managers and employees is available on the Intranet but is attached in Appendix 3 for reference. 5.3 In certain cases it will be appropriate for a phased return to work to be undertaken. A phased return to work will normally last between 4 to 6 weeks after which time the employee would return to their substantive/normal working hours or pattern. In certain cases the phased return to work can be extended over a greater period of time. This would need to be approved by the Head of Service taking account of advice from Human Resources. 6. CONTAGIOUS DISEASE 6.1 If an employee is unable to attend work due to having a contagious disease; including but not exclusively one of the following:-

9 - Chicken pox - Diphtheria - Rubella, - Mumps - Scarlet fever - Whooping cough and the absence is covered by a doctors certificate, then the absence will not be taken into account when determining triggers for absence management reviews as outlined in section 11 of this policy, although it will be recorded on the employees absence record. In cases of contagious disease, the absence must be reported on the P6 form as an infection or on Easypay as an infectious diseases on a separate code. This principle may also apply to absences for those staff working in an environment which necessitates them remaining off work when they have or have recently had an infection such as diarrhoea & vomiting (e.g. staff working in roles with direct patient contact are excluded from work if they have suffered diarrhoea & vomiting, until they have been asymptomatic for 48 hours). The period of illness will count towards triggers but the time the employee is required to remain absent whilst asymptomatic will be discounted. However in this situation employees and managers should discuss whether work can be completed at home or in another location to avoid the time being recorded as sickness absence. 7. HOSPITAL/MEDICAL APPOINTMENTS 7.1 Wherever possible hospital, medical and dental appointments should be arranged to ensure the least disruption to the service e.g. the start or end of a shift or during a scheduled break. Appointments within working hours require manager approval for the planned absence. Normally time off for such absences must be made up at alternative time as per agreed between the manager and employee unless covered by a statutory entitlement, see It is recognised that staff with a disability may need time off in relation to their disability and guidance would be obtained from Occupational Health in relation to each employee case. Advice from Occupational Health may indicate that a certain number of medical appointments which the employee may require in connection with their disability could be deemed a reasonable adjustment under the Equality Act If the hospital appointment is part of a long term health issue then the employee should discuss the matter with their line manager to determine whether the time will be classified as sick leave, or whether annual leave, flexi-time or other working arrangements could be used or whether the hours need to be made up. 7.4 Where an employee has to leave work to attend an emergency appointment with a doctor or dentist and is absent for the majority of a shift, this will usually be recorded as sick leave.

10 8. CONFIDENTIALITY 8.1 As with any other employee details, the attendance record and any information relating to health matters are confidential. Under the Access to Medical Reports Act and Data Protection legislation, employees have a right to see medical reports and records held relating to their attendance. 9. REPRESENTATION 9.1 An employee is entitled to be accompanied by their trade union representative or a work colleague at formal meetings under this procedure. 10. AGENCY OR BANK SHIFTS FOLLOWING SICKNESS ABSENCE 10.1 Provide wishes to support employees who have been sick to make a full recovery and ensure they have an opportunity to rest as fully as possible. Staff that have been absent due to sickness will therefore not be permitted to work additional shifts or hours for Provide through bank or agencies for a period of 14 calendar days following their return to work If Bank or Agency shifts have been booked prior to the absence, it is the responsibility of the employee to disclose this fact during the return to work interview. Where the shifts have been booked in the same department it will be the manager s responsibility to ensure these shifts are cancelled. If the employee has shifts booked with another department or employer it is their responsibility to cancel the booking Should an employee fail to disclose or fail to cancel pre-arranged bank or agency shifts disciplinary action may be taken MANAGING PERSISTENT, SHORT TERM, INTERMITTENT ABSENCE 11.1 In essence, the procedure consists of 4 stages - 1. Informal review 2. Formal Review Stage 1 3. Formal Review Stage 2 4. Formal Review Stage 3 Referral to Senior Management 11.2 The above procedure should be initiated when an employee reaches one of two possible triggers:- 10 calendar days absence in any rolling 12 month period OR - 4 occasions of absence in any rolling 12 month period These triggers include both medically certified and self-certified absences Reports highlighting those employees who have met either trigger will be sent to managers as a reminder to take action if they have not already done so. (Although cases of absence due to a disability, pregnancy, contagious disease or industrial injury, will be taken into account when determining triggers they will

11 usually be discounted from absence targets set as part of the informal and formal stages of the absence procedure. Managers should seek advice from the HR Department before taking further action.) 12. Informal Review 12.1 If an employee reaches either of the above triggers, the line manager must then, as a matter of priority:- Review the sickness record and reasons for absence and identify any patterns of absence if appropriate (e.g. regular Fridays or Mondays etc.); Write to the employee and arrange to meet with them to discuss the level of absence, the standards of attendance expected and how the procedure operates; Complete a Return to Work form if not already done so; Identify any underlying medical conditions that may be impacting on absence recently. Refer to Occupational Health. Resolve any underlying causes of sickness absence, particularly if work related, having regard to the risk assessment; Take reasonable steps to alleviate any problems which may be contributing to the absence (e.g. perhaps temporarily vary working arrangements/hours to resolve a domestic problem); Discuss steps the employee has taken to support recovery and challenge any behaviour which may be detrimental to recovery. Explain to the employee that his/her attendance will be monitored and arrange to meet in 3 months time to discuss again; Explain that should the employee have any more absence in the 3-month review period, the next meeting will be a Formal Review Stage 1 meeting. The informal meeting discussion should be confirmed in writing to the employee. Please note that the review period commences on the day following the employees return to work and not the day of the review meeting; Continue to monitor absence and meet to review every 3 months for the next 12 months, if appropriate (but see below) If the employee concerned is absent during the 3 month review period, the manager does not need to wait until this period has expired to meet with the employee but should arrange a Formal Review Stage 1 meeting to discuss the ongoing levels of poor attendance If the employee has no absence in the initial 3-month monitoring period, the manager will hold a further informal review meeting with them. At this meeting they will be set the target of no more than 7 days/3 occasions of absence for the following 9 months. If the employee exceeds this target the manager should arrange a Formal Review Stage 1 meeting as soon as the target is exceeded. If the employee does not exceed the target set or has no more sickness for the 9- months during the monitoring period, the next time they meet a trigger point as set out in 11.2 they should be dealt with as an Informal Review In some exceptional circumstances, for example, where a pattern of absence has emerged (e.g. regular Mondays/Fridays, day before or after annual leave), the

12 manager can move immediately to the next stage of the procedure and does not have to revert back to the Informal Review. 13. Formal Review Stage If following the Informal Review, the standard of 3 months 100% attendance or the standard of no more than 3 occasions or 7 days absence in the 9-month period after the 3-month review has not been met, it will be necessary for the line manager to meet to discuss their attendance formally with the employee. A letter inviting the employee to the meeting must be sent which will give them 10 days notice of the meeting. The employee should also be informed that they are entitled to be accompanied at the meeting by their trade union representative or a work colleague and a copy of their absence record should be enclosed with the letter. An HR representative may also attend The following matters should be discussed/considered (ensure advice has been sought from your HR Advisor before the meeting):- A recap of discussions at the Informal Review stage; Number of days, occasions and reasons for absence, including any patterns; Does the employee have a disability or long term medical condition? If so, refer to the Managers Guide to Managing Attendance ; Has appropriate support been given to assist the employee to sustain full attendance? This may include allowing flexibility in working arrangements, for example working on the basis of an average 37.5 hours per week spread over a 4 week period, annualised hours etc.; Have all potential work-related reasons for continuing absence been addressed as far as reasonably possible; Discuss steps the employee has taken to support recovery and challenge any behaviour which may be detrimental to recovery. Conduct or review any relevant risk assessments; Are there any underlying medical reasons for absence; Occupational Health advice obtained (if applicable) or explain a report may be required; The effect of absence on the service and the rest of the team (morale, workload, temporary cover etc.); The employee s own views about support or assistance etc. that can be given to enable them to effect the necessary improvement to their attendance. Exploration of whether job redesign or redeployment should be considered. The employee s previous attendance record should be acknowledged Develop or review an action plan to improve attendance Explain the stages of the procedure; ensure the employee is aware of the possible consequences if regular attendance cannot be sustained. Depending on the reasons for the sickness absence these consequences may include retraining, redeployment or dismissal if the employee is incapable for health reasons of effectively carrying out the duties required of them under their contract of employment At the meeting, a review date should be agreed. This will be 3 months from the date of the meeting and will serve as the monitoring period.

13 13.5 In conjunction with an HR advisor, the manager must write to the employee setting out the details discussed, within 5 working days of the meeting If the employee has no absence in the initial 3-month monitoring period, the manager will hold a review meeting with them. At this meeting they will be set the target of no more than 7 days/3 occasions of absence for the following 9 months If the employee does not exceed the target set or has no more sickness for the 9- months during the monitoring period, the next time they meet a trigger point as set out in 11.2 they should be dealt with as an Informal Review If the employee has had any further days of absence during the initial 3-month review period instigated at Formal Stage 1 or has not met the standard of no more than 3 occasions or 7 days absence in the 9-month period after the 3- month review, then a meeting should be arranged under 'Formal Review Stage 2'. This should be arranged as soon as the target is exceeded. 14. Formal Review Stage This stage should follow the same process as the previous stage and the points raised at Formal Review Stage 1 should be repeated. However, due to the seriousness of the position some additional matters must now be considered:- In the unlikely event that the employee has not been referred to Occupational Health, a referral must be made as soon as it is evident that the employee's attendance has not met the required standard and that Formal Stage 2 will need to be instigated. It may be necessary to obtain an up-to-date report where one has already been obtained earlier. Options to facilitate regular attendance. These may include; o job redesign - Restructuring a job by adding, changing or eliminating certain tasks or functions. Where an employee is no longer able to continue to carry out the full range of duties of their role Occupational Health can offer advice as to what specific duties are possible when reviewing tasks and responsibilities. o change in working arrangements Adjustment of working hours or work pattern or change to work location or environment or to reporting lines. o redeployment - where an employee is no longer able to continue to carry out the full range of duties of their role. Occupational Health can offer advice as to the suitability of alternative posts etc. Redeployment In conjunction with the HR Department, the manager must ensure that where appropriate any opportunities for redeployment continue to be explored throughout the Stage 2 process. If an employee is placed in a suitable alternative post, this will be subject to a trial period of at least 4 weeks to a maximum of 3 months, dependant on the circumstances of each case. Should the trial period in the alternative post prove unsuccessful the employee will return to their substantive post and continue to be managed in line with the Attendance Management Procedure at the stage they were at immediately prior

14 to the trial. Reasonable adjustments including suitable alternative employment will continue to be explored in line with the policy. Pay protection will not normally be offered should the employee agree to accept an alternative role of a lesser grade. Where an employee has a disability there is a statutory obligation under the Equalities Act 2010 to consider whether the service can support job adjustments or consider redeployment to an existing vacancy, as advised by Occupational Health The same time scales should be set out to monitor improvement as described in Formal Stage 1, although it is important to explain to the employee that any more sickness absence in the next 3 months or failure to meet the required standard within the subsequent 9 months could result in dismissal. In conjunction with the HR Department, this must also be put in writing to the employee within 5 working days of the meeting If the employee does not exceed the target set or has no more sickness for the 9- months during the monitoring period, the next time they meet a trigger point as set out in 11.2 they should be dealt with as an Informal Review. 15. Formal Review Stage 3 Referral to Senior Management 15.1 Where the employee has been unable to make or sustain an improvement to their attendance record, the manager will refer the matter to the Service Director, or other senior manager formally nominated by the Chief Executive who will meet with the employee concerned giving sufficient written notification of the meeting (not less than 10 working days). The employee will be advised of their entitlement to be accompanied by a trade union representative or work colleague. A copy of the management report, including their sickness record will be enclosed with the letter. An HR Business Partner/Advisor should also be in attendance at this meeting to advise the presiding officer (the Chair of the meeting) If dismissal (or loss of grade or loss of status) is an option that could be considered by management, this must be stated in the letter inviting the employee to attend, together with the grounds for the action which is proposed. Employees may come forward at the meeting with other options such as stepping down, part-time working, etc When considering any employee under this stage of the policy, the Service Director or other nominated senior manager must refer to Appendix 5 of this document to ensure process has been followed and refer to the Manager s Guide to Managing Attendance when considering the case At the meeting the management report and any relevant information (e.g. letters to employee and OH reports) will be discussed with the employee to enable the Service Director or nominated senior manager to make an informed decision.

15 15.5 Where all reasonable options to assist the employee to sustain regular attendance have been explored without success, the Service Director or senior manager will consider the matter fully. They must take into account the employee s views and an up-to-date Occupational Health opinion. They will decide whether in the circumstances it is reasonable to give notice to the employee to terminate the contract of employment on the grounds of capability i.e. that the employee is incapable of satisfactorily undertaking the duties required of them for health reasons. This decision must be confirmed in writing within 5 working days and the letter must include the date on which employment will end and the right of appeal to the Director or Head of HR. The letter should be sent by recorded delivery. The employee may appeal within 10 working days of receiving the letter confirming the decision The period of notice will be in accordance with the statutory minimum or as specified in the employee s contract of employment, whichever is the greater and will be on full pay less any statutory benefits payable Where applicable the senior manager will review any decision to terminate the contract of employment in the light of any fresh medical evidence, which becomes available before the end of the notice period, or in the course of an internal appeal against the dismissal. 16. MANAGING LONG TERM SICKNESS ABSENCE 16.1 Provide recognise that the nature of long term absence may be particularly sensitive for example where an employee is terminally ill and managers must take into account the individual circumstances when managing absence of this nature and seek advice from HR at all stages of the process In essence, the procedure consists of 4 stages - 1. Informal review 2. Formal Review Stage 1 3. Formal Review Stage 2 4. Formal Review Stage 3 Referral to Senior Management 16.2 This procedure should be initiated when any one occasion of absence extends beyond 4 weeks. A report will be provided to managers and the HR Department of employees with absence of 4 weeks or more on a monthly basis to remind them to take action The opinion/advice of Occupational Health should be sought. It is expected that as soon as the manager knows that an employee has been, or will be, absent for 4 weeks they must complete the Occupational Health referral as a matter of priority For absence identified as being due to stress, although an immediate referral to Occupational Health should be undertaken the manager should also make contact with the employee at the first available opportunity either by phone or by meeting them if agreed to discuss the causes of the stress and to seek any

16 measures that can facilitate an immediate or early return to work. A stress risk assessment should also be conducted. Where stress is perceived to have been caused by the actions of the manager it may be appropriate for another manager to carry out this assessment In the instance of musculo-skeletal injuries an immediate Occupational Health referral should also be undertaken. 17. Informal Review 17.1 In any case of long term absence, managers should keep in touch with the employee on a frequent basis, throughout. The frequency of contact may vary depending on the nature of the illness and should be agreed with the employee. The suggested schedule is weekly via telephone on a specific day. The manager must keep a log of these calls and note any changes reported in the employee s condition. (A contact log is enclosed as an appendix in the Manager s Guide to Managing Attendance) 17.2 Alternatively a meeting may be arranged periodically in the workplace to discuss:- when the employee is likely to be able to return to work; whether their condition is likely to affect their ability to do their job in the long term; any reasonable measures that could be suggested to allow an early return and enable them to sustain their attendance at work; the employee may wish to discuss whether they meet the criteria for early retirement on the grounds of ill-health This contact may sometimes, by agreement, involve a home visit or in exceptional circumstances a hospital visit Where it is not possible to communicate with the employee e.g. due to hospitalisation, the manager should make appropriate arrangements for contact with the next of kin. 18. Formal Review Stage On receipt of the Occupational Health report, a formal meeting should be arranged to discuss this (even if no specific medical advice can be given at that time). At the meeting the manager should discuss measures that might facilitate an early return to work, e.g. phased return to work, redeployment, reduced duties whilst awaiting tests etc. Advice should be sought from the HR Department on this. The employee has the right to be accompanied at the meeting by a trade union representative or work colleague. An HR Representative may also attend. It is expected that this discussion will take place in the sixth or seventh week of absence If the advice from Occupational Health is that there is no reasonable prospect of a return to work within the foreseeable future the manager should consider whether it is reasonable to allow a further period for recovery and how long this should be. This will depend on the circumstances of each case but as a guide if

17 there is no prospect of the employee returning within the next 6 months the manager may wish to refer the case to a Director and progress to a formal review Stage 3 meeting (see paragraph 20). When making this decision it is acceptable to consider factors such as the employee s length of service and previous attendance record Where the manager decides a recovery period is reasonable, a target date for return to work should be set by the manager taking into account the advice from Occupational Health. The employee must be advised of the consequences if they are unable to return by that date; i.e. that a further formal review meeting would be held and possible outcomes may include reduction in hours, redeployment or dismissal on the grounds of incapability due to health If the Occupational Health Advice is that the employee is able to return to work, the Return to Work interview should be conducted. At this meeting the manager must review the employees absence history and agree acceptable levels of absence for the future, clarifying the consequence of further absence and which stage of the policy any further absence would be considered under. 19. Formal Review Stage 2 (This stage is normally around the 3-4 month mark) 19.1 If Occupational Health advice changes, it becomes apparent that the employee is unlikely to return on the target date or the employee fails to return by the target date a stage 2 Formal Review meeting should be called. This should be run along the principles of the Stage 1 meeting above The meeting should review the advice from Occupational Health and explore whether any reasonable adjustments could be made to the employees job or work environment to enable them to return. Where Occupational Health has confirmed the employee has a disability it is a requirement under the Equality Act 2010 to consider this. Reasonable adjustments may include a change of work base, a change of work pattern or working hours, provision of specialist equipment, moving to the same job in a different team or seeking redeployment. When deciding what is reasonable the manager must balance the needs of the employee with the needs of the service If the Occupational Health advice suggests that the employee should be able to return in the near future following a slightly extended recovery, the manager may wish to set a new target date for return. If the employee fails to return by this new target date a formal stage 3 meeting will be arranged If the updated advice from Occupational Health is that there is no reasonable prospect of a return to work within the foreseeable future the manager should consider whether it is reasonable to allow a further period for recovery and how long this should be. When making this decision it is acceptable to take into account the length of time the employee has already been absent. The manager may decide to refer the case to a Director and progress to a formal review Stage 3 meeting.

18 19.5 If it is apparent that a return to work is not possible within the foreseeable future, it is not reasonable in the circumstances to wait any longer for the employee to recover and all options to facilitate a return to work have been explored, the matter should be referred to a Director to progress to a formal Stage 3 meeting. An up-to-date medical report should be obtained from Occupational Health, including where appropriate a recommendation on ill-health retirement. 20. Formal Review Stage 3 Referral to Senior Management 20.1 Once an up to date Occupational Health report is obtained a Stage 3 meeting should be arranged with the employee. A letter should be sent to the employee providing them with 10 days notice and stating that they are entitled to be accompanied by a trade union representative or work colleague. If dismissal is a possible outcome of the meeting the employee should be advised of this and the grounds for the action proposed in writing beforehand. All papers to be referred to at the meeting including letters to employee and OH reports should be sent to both the employee and the Director or nominated senior manager chairing the meeting In the event that a decision is taken to terminate the employee's contract on the merits of the case, a letter will be sent to the employee within 5 working days of the meeting to confirm the outcome, date of termination and the right of appeal (see Appeals paragraph 21) In the event that the decision made is not to terminate the contract but to follow some other course of action, a letter will be sent to the employee outlining the details of the decision within 10 working days It is not a requirement of the Attendance Management Policy that a person's entitlement to sickness payments must have expired before their employment can be terminated on the grounds of capability. For Permanent Incapacity, please see Appendix Appeals 21.1 Employees have the right to appeal against the outcome of decisions made at Stage 3 of either the managing short term sickness or long term sickness absence process The Appeal must be received within 10 working days of being advised in writing of the outcome of the Stage 3 meeting, stating the employees grounds for appeal The Appeal should be in writing and addressed to the Director specified in the decision letter sent to the employee following a stage 3 meeting. The Director in consultation with HR will make the necessary arrangements for the appeal to be heard Appeals against dismissal are heard by an Employment Appeal Sub Committee. Action less than dismissal are heard by an Appeal Panel. The Employment Appeal Sub Committee

19 21.5 The Employment Appeal Sub Committee will consist of:- a Non-Executive Director to Chair the hearing; another Director/Head of Service independent from the section or service concerned; a Human Resources representative. The Appeal Panel 21.6 The Appeal Panel will consist of three officers:- a nominated manager to Chair the hearing; another manager independent from the section or service concerned; a Human Resources representative. Appeal Hearing Arrangements 21.7 The arrangements for appeals are that the employee will be given at least 10 working days written notice of the appeal hearing which should be heard as soon as possible. This will, normally be, within 20 working days of the employee receiving the letter confirming the outcome of the Stage 3 meeting. The letter should include as appropriate:- a) Date, time and place of the hearing; b) That the hearing forms part of the Managing Attendance Policy and Procedure; c) The employee s right to be accompanied by a Trade Union representative or work colleague (a second copy of the letter should be provided for use by the representative); d) The names of the Panel members conducting the hearing; e) Copies of relevant paperwork, including a copy of the Managing Attendance Policy and Procedure; f) That the employee should confirm their availability to attend at least 5 working days prior to the hearing The Chair of the Appeal Panel/Employment Appeal Sub Committee presents the decision. This will normally be given verbally. The decision of the Panel/Sub- Committee should be confirmed in writing by no later than 5 working days after the end of the hearing, outlining the main issues considered and the decision reached. The employee should be informed that there is no further internal right of appeal. A copy of the outcome letter will be retained on the employees personal file. 22 Links with other Policies

20 Further information is contained within the following policies which can all be accessed on the staff intranet Managing Alcohol & Drug Abuse Policy (IGPOL 23) where sickness absence is linked to drug & alcohol usage please refer to this Policy Grievance Policy (HRPOL 15) where sickness is linked to work place factors and grievances raised by the employee, the grievance will be investigated in parallel with the sickness absence policy Capability Policy (HRPOL29) where there are other absences affecting performance at work which are not subject to the sickness absence procedure, management of such absences will be taken into consideration under the Capability Policy Maternity Leave Guidelines where sickness is related to pregnancy further information can be found in these guidelines Disciplinary Policy (HRPOL14) where absences are unauthorised and employees are responding to manager s communication this should be managed under the organisation s Disciplinary Policy and following advice from HR. Guidance on sickness absence during a disciplinary investigation and/or suspension can be found in the Manager s Guidance document on handling Disciplinary & Grievance issues effectively. Flexible Working Policy (HRPOL16) provides further information on flexible working options and provides a process whereby an employee can request a change to their contracted hours. This may be something an employee wishes to consider to improve their health and attendance at work Infection Prevention Policies Provide has a number of policies providing information on infection prevention including hand hygiene (IPPOL3), immunisations (IPPOL 4) and control of MRSA (IPPOL1) use and management of sharps (IPPOL14 & 18) and Diarrhoea and Vomiting (IPPOL10) as well as guidelines on Infection Control (IPPRO1) Psychological Wellbeing of Staff (HRPOL26) This policy contains useful information on the management of stress and contains a self-assessment form to be completed to help determine the source of stress and consider mechanisms for reducing the effects Managers Guide to Managing Attendance This document provides further information on the procedure for managing attendance and includes a number of template letters that managers can use to invite employees to meetings at different stages in the process Dignity at Work Code of Practice (HRPOL 30) - The aim of this code is to promote respect and dignity at work. It requires managers to take action to ensure that the work environment is conducive to the principles of equality of opportunity. It seeks to provide support for victims as well as those against whom allegations have been made by applying fair and sensitive processes and procedures and seeks to avoid those involved taking time off work.

21 22.11 Special Leave Policy & Procedure (HRPOL17) This policy describes different forms of leave that employees are entitled to including compassionate leave and carers leave. 23. MONITORING 23.1 This policy will be reviewed at least every 2 years in line with the Policy for the Management of Procedural Documents and more frequently in line with any legislative changes Review will be undertaken by the Head of Human Resources and monitoring will be conducted in respect of levels of absence and case outcomes and will include an analysis of absence and action taken by equality strands. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

22 Appendix 1 NOTIFICATION OF ABSENCE & CONTACT DURING ABSENCE A GUIDE FOR MANAGERS AND EMPLOYEES 1. The arrangements for notifying sickness absence should be made clear to all employees by their line manager, including the penalties for late notification which may lead to disciplinary action being taken. 2. On their first day of absence, employees must contact their line manager (or nominated deputy) in person to let him/her know; 1) that they are unable to attend work, 2) the reason for absence 3) when they expect to be able to return and 4) to discuss whether they are able to undertake any work whilst absent. 3. Absence must not be communicated via text message. 4. All employees must be advised that if they fail to comply with the notification arrangements, without good cause, their pay may be affected. 5. If unable to return by the date given, the employee must notify the line manager to keep him/her informed. 6. Employees should complete a self-certificate covering all absences of up to and including 7 calendar days and this must normally be submitted by the fourth day if absence extends beyond 3 days. 7. If the absence continues for more than 7 calendar days, medical certificates from a doctor must be submitted to cover the remaining period of absence. If the employee is unable to deliver the certificate to the manager themselves they must make alternative arrangements e.g. for a friend or relative to deliver the certificate or send it by recorded delivery post. If certificates are not received promptly the employee s pay may be affected. 8. A signing off note should normally be obtained in those cases where medical certificates or doctor s statements for two weeks absence or more have been issued. This will not be necessary where the Occupational Health Adviser has advised that the employee is fit to return to work. 9. In exceptional circumstances (for example when there is a persistent pattern of absences for minor ailments) and following discussion with the employee concerned, a manager may require an employee to provide a medical certificate from the first day of absence. Such a requirement should be kept under regular review (not more than 3 month intervals) and removed when no longer appropriate. The cost of such a certificate will be reimbursed by Provide. 10. The line manager should maintain contact with the employee on a frequent basis throughout any period of absence. A contact log noting the dates and times and key points discussed should be maintained by the manager. Home visits may be arranged but only with the prior consent of the employee. (Please see the