Management Guidelines On Attendance Management

Transcription

1 Management Guidelines On Attendance Management May

2 1. Purpose The purpose of the Management Guidelines is to provide support and guidance to all employees responsible for the management of attendance. This document works in conjunction with our Attendance Management Procedure and should be read alongside the policy document. 2. Reporting Absence refer to page 4 of the Attendance Management Procedure When a member of staff phones in sick you are expected to take the call and then to complete the Sickness Absence reporting form to record all of the required information.. The employee must phone in sick before their shift. Texting, ing or leaving a message via a colleague is not acceptable. Where an employee has not phoned and has not followed the correct reporting procedure, you could consider the removal of Occupational Sick Pay. Points to discuss when taking a call from a member of staff phoning in sick: What is the medical reason for their absence from work? Is there any support you or Occupational Health can provide? If for any reason they don t wish to discuss what the problem is, then don t try and persuade them to Are they intending on visiting their GP? How long do they think they will be off for? If an employee says they will be back tomorrow no further action is required. If an employee does not know their return date then agree when they should ring in next. This would normally be every day if they are uncertain of their return date. However you should take a common sense approach and if you feel this is not appropriate then come to an agreement with the employee. What to avoid: Putting pressure on the employee by discussing workload and problems within the department including staffing levels. Using an intrusive approach and make sure you are always sensitive and supportive? What to do if an employee fails to comply with the reporting procedure If an employee fails to comply with the reporting procedure, the absence should be recorded as unauthorised absence and Occupational Sick pay should be withheld. Only in exceptional circumstances will the breach in the reporting procedure be 2

3 allowed. Should an employee fail to attend work and give no reason, or no contact is made, you should contact the HR department. Failure to make contact see section 3.7 of the Policy, Unauthorised absence If an employee fails to make any contact with the department, you should send out a letter to the employee showing concern and asking for them to contact the department as soon as possible or by a specific date. Should the employee still fail to make any further contact with you, a further letter should be issued asking them to make contact with the department as soon as possible. At this stage, failure to make contact following the second letter may result in their contract of employment being terminated as a misconduct issue. What to do if the person requests no contact This is not uncommon and the worst thing you can do as a manager is to accept it at face value and sever all contact with the individual, this may hinder the person s recovery and greatly reduce the chances of a successful return to work. At this stage it is advisable to contact HR for advice. People may request no contact because they feel embarrassed or ashamed about the way that they feel and are behaving a sympathetic manner and treating the person normally can help to overcome that. Sometimes the request for no contact arises because you, the manager, are perceived to have been a factor in becoming unwell. In such circumstances, options include offering the services of another manager and/or making use of an intermediary such as a colleague or Staff Side representative. If there are work issues (real or perceived) it is essential that these are addressed or it will be unlikely the person will return to work. In such cases a referral to Occupational Health should be made immediately. Another reason for requesting no contact is the cause of the absence, what the employee is actually off sick with i.e. stress/anxiety, depression. If a member of staff requests no contact, you should inform the HR and Occupational Health for advice. 3. Supporting an employee who is off sick It is essential to keep in touch. Many managers are hesitant about this in case they say the wrong thing or are perceived to be harassing the member of staff. However, if there is little or no communication, misunderstanding and barriers can quickly arise, then the employee may feel that they are not missed or valued and this can exacerbate already low self-esteem. 3

4 Give the employee the chance to explain the problem and what is happening by asking open questions Ask if there is anything you as their manager can do to help Wellbeing meetings Reassure them that you understand medical and personal boundaries and will respect them Review their needs/wishes for support You should reassure them about practical issues such as their job security and deal with financial worries Depending on the severity of the illness, explore if it would be helpful to have a half-way house between work and absence such as working for a couple of hours a day at home. Plan a phased return to work as they approach fitness for work, and It is helpful to think about the support you would offer to someone with a physical problem. Do you have a different approach for stress/mental distress, and if so why? Visiting in hospital, cards, flowers etc can be appreciated but ask. The bottom line is to let people know they are not forgotten. Don t make them feel their problem is shameful. Avoid: Putting pressure on the person to divulge personal or medical information it is their choice to reveal this or not, and Putting pressure on them to name a return to work date. When someone is in crisis it may be impossible for him or her to know how long recovery will take. Deadlines will only add to the pressure. 4. Short Term Sickness Absence Short term sickness absence can be identified as the following: An employee that is absent from work for less than 28 calendar days (4 weeks). The absence is frequent odd days absence from work and usually with self limiting illness i.e. coughs, cold, sickness, diarrhoea The reasons for absence are usually unrelated with no underlying medical condition If an employee is absent from work due to short-term absence, the absence should be covered by the completion of a self-certificate to cover from the first day of sickness up to the 7 th calendar day. Once completed and actioned for payroll purposes, the self-certificate should be held on the employee s personal file within the Department. Upon return to work, you should see the individual to discuss the absence. If an employee does not wish to disclose an explanation for absence to you for personal reasons, then refer the employee to the Occupational Health Department who will 4

5 provide a report commenting on the validity of the absence but without releasing confidential information. You are responsible for ensuring that a return to work interview form is completed within 48 hours of the employee returning to work and this is to be held on the employee s personal file. 5. Long Term Sickness Absence Long term sickness absence can be identified as the following: An employee that is absent from work for 28 calendar days or more The absence must be covered by a Medical Certificate following the first 7 days of absence The absence can sometimes be known in advance i.e. planned operation You must ensure that they keep in regular contact with the member of staff during periods of long-term sickness. This contact should be maintained on a regular basis using a non-intrusive approach. Well-being meetings are important for keeping in contact with the employee. The purpose of the well being meeting is to offer any support that may be appropriate and to establishment a way forward in terms of a potential return to work date. It is recommended that a well being meeting takes place after the first four weeks of absence and continues regularly throughout the absence Once an employee has been absent for 16 weeks relevant discussions should take place in conjunction with HR in order to formalise the process. Once an employee has been absent for 24 weeks and a return date is not known an attendance hearing should take place. There are exceptions and all cases should be discussed with HR for guidance, with consideration if reasonable adjustments for cases involving a disability. Managing attendance following a period of long term absence Where a member of staff returns to work following a period of long term absence then they will need to be managed in line with the triggers at section 7 i.e. 9 working days of absence or more in a rolling 12 month period or 4 or more periods of sickness in a rolling 12 month period or the manager has noticed a pattern of absence. An informal review meeting will need to take place on their return and advised if one further absence then they may be invited to Stage 1 as per short term procedure Section Returning to Work The return to work interview should be completed as soon as possible by you or another senior member of the department acting for you within 48 hours of the 5

6 employee returning to work. A return to work form should be completed in full and kept on the employee personal file. You will meet with the employee to discuss the details in relation to their return to work duties. Advice can be sought from the Occupational Health Department or the Human Resources Department if required. The details of the return to work must be agreed by you and the employee. What is the purpose of the Return to work Interview? To effectively manage sickness absence To ensure the member of staff is fit to return to work To identify any assistance required on the return to work Points to discuss: The planned return Concerns or problems returning to work Phased return if appropriate Absence over the last rolling twelve months Any further action required Ensure self certification form has been submitted for the first seven day period of absence Please note: Completion of the return to work interview is auditable and personal files will be checked to ensure accurate return to work interviews have taken place and self certificates have been completed. Both the completed return to work and self-certificate forms are to be kept on the employees personal files 7. Monitoring & Reviewing Short term Sickness Absence There are 5 key stages to Managing Sickness Absence that the Line Manager is responsible for: Completion of the Return to Work Interview Informal Review Meeting Stage 1 Formal Attendance Review Meeting Stage 2 Formal Attendance Review Meeting Stage 3 Formal Attendance Review Hearing Effective records to support the management of sickness absence must be kept on each personal file. As you may be responsible for the monitoring of more than one case of sickness absence within your area, a tracker sheet is provided which may be used if required. If the frequency and/or duration of an individual s short term absence becomes unacceptable, and a trigger point is reached i.e. 9 working days of absence or more, or more than 4 periods of sickness in a rolling twelve month period or the manager 6

7 has noticed a pattern of absence, you should meet with the employee and discuss the level of sickness absence. This is an Informal Review Meeting. Informal Review Meeting This is an informal meeting between an employee and their line manager to discuss levels of sickness absence. The purpose of the meeting is to notify the member of staff that their level of attendance has become cause for concern. A letter can be sent to the individual requesting them to attend such a meeting or it may be held at the time of the Return to Work Interview. At this stage an employee does not need to be given the right to representation at the meeting, however, should they wish to be accompanied then this request should not be refused. Points to discuss: Sickness absence over the last twelve months Any underlying reason for absence Is a referral to Occupational Health required? That one more absence will trigger the next stage of the procedure The impact of absence on the department The outcome if the targets are not met Reasonable adjustments where appropriate The individual must be given the opportunity to explain their personal and/or work related issues, which may be a factor in the absence. Staff with a Disability can at any stage of the informal or formal procedure make a request for a reasonable adjustment and this will be considered. Please can make reference to the Reasonable Adjustment guidance for further information. The discussion that took place during the meeting, and that a further absence may trigger the next stage must be confirmed in writing and a copy held on the employee personal file. Stage 1 The trigger point for stage 1 is one more absence during the 12 month rolling period. Prior to a Stage 1 Formal Attendance Review Meeting taking place, you as their line manager must inform the employee in writing of the date and time of the meeting. It is important that the employee is given at least 7 calendar days notice of the meeting. The invite letter will contain the management statement of case. Who will attend a stage 1 formal attendance review meeting? the line manager employee staff side or colleague representative What happens at a Stage 1 formal attendance review meeting? 7

8 Introductions will take place and explanation on the process to follow You will discuss the absence record and put relevant questions to the employee The employee or if representative the staff side rep may put forward their case You may wish to ask further questions An adjournment will take place to allow you & the HR Rep to discuss The outcome of the hearing and notification of the decision will be discussed and confirmed in writing. Where appropriate and dependant on the facts of the case the discussion will include consideration of what / if any reasonable adjustments can be made to sustain their attendance. The outcome letter will be provided by you as the line manager. The letter will make reference to the expectations for regular attendance at work. A copy of this letter will be retained on the employee s personal file. Stage 2 The trigger point for a stage 2 formal attendance review meeting is normally one more absence. You as their line manager must discuss the case with the senior manager. The senior manager and their HR representative will make the decision if it is appropriate to move to Stage 2. Prior to a Stage 2 formal attendance review meeting taking place, the senior manager must inform the employee in writing of the date and time of the meeting. It is important that the employee is given at least 7 calendar days notice of the meeting. The invite letter will contain the management statement of case and will request the employee to raise any disagreement with the statement (i.e. dates/length of absences) in writing at least 4 working days ahead of the hearing. This will give the senior manager chance to discuss the case with you as their line manager. Who will attend a stage 2 formal attendance review meeting? A Senior manager Employee HR Rep Staff side or colleague representative What happens at a stage 2 formal attendance review meeting? The meeting will follow the same format as at stage 1 Where appropriate and dependant on the facts of the case the discussion will include consideration of what / if any reasonable adjustments can be made to sustain their attendance 8

9 Stage 3 Formal Attendance Review Hearing The trigger for a stage 3 formal attendance review hearing would normally be one more absence; however the case should be discussed with the HR regarding reasonable adjustments relating to a disability. The hearing should be heard by a manager with the authority to dismiss where appropriate and will follow the same format as a disciplinary hearing Where appropriate and dependant on the facts of the case the discussion will include consideration of what / if any reasonable adjustments can be made to sustain their attendance. Up to date medical advice must be available to the hearing before a decision can be made to terminate employment. The employee has the right to appeal against dismissal at Formal Stage 3 Attendance Review Appeal Hearings will usually be heard within 6 weeks. 8. Written record A written record is required at the Informal Review Meeting and the Stage 1 Formal Attendance Review Meeting Stage 2 Formal Attendance Review Meeting and the Stage 3 Formal Attendance Review Hearing 9. Referral to Occupational Health The Occupational Health Department is available to give both general and specific advice on the fitness of an employee for work and likely return dates. Is it important to note that in some cases this may conflict with the advice provided by the employee s GP/treating specialist. In such cases the advice from the Trust s Occupational Health Department would take precedent. You are expected to exercise discretion in referring to the Occupational Health Department. The following guiding principles should be applied: An automatic referral for a review by Occupational Health after 4 weeks absence should be made unless the cause, duration and likely outcome of absence is already established where a later referral may be more appropriate e.g. broken limb. An employee must be referred to the Occupational Health Department at an earlier stage in the absence if it is considered that the absence is work related or that a referral at this stage may benefit the employee. A referral to the Occupational Health Department and a report on the absence by the Occupational Health Department must be made after 3 months sickness absence in all cases. You must complete the referral form. It is important that the referral form is completed correctly and is specific in the questions you would like to ask. 9

10 It is essential that you have up to date medical advice before taking a decision to terminate employment and to have fully considered any reasonable adjustments where it involves a disability. 10. Planning and undertaking workplace controls or adjustments Some obstacles may hinder an employee s return to work. A risk assessment can identify measures or adjustments to help workers return and stay in work. Occupational Health and HR will advise you on what adjustments could be made to help the employee return to work. Examples are: Allowing a phased return to work this process may vary in working days and working hours i.e. building up from part time to full time hours, or working days shifts instead of night shifts. Where a phased return is recommended by Occupational Health then the Employee will suffer no loss of pay. Where a phased return is requested by the Employee and not recommended or supported by Occupational Heath then the employee will be expected to use accrued annual leave to ensure no loss of pay. A phased return will usually last for a maximum of a 4 week period, however in exceptional circumstances this may be extended on advice from Occupational Health however the protected pay period will only be for a maximum of 4 weeks. Alternating the employees working hours, e.g. allowing flexible working to accommodate family demands Accommodating the employee s mobility 11. Absence and Pregnancy Employers should record pregnancy-related sickness absence separately from other sickness absences. Employers have no obligation to provide different sick-pay provision for women who take time off work for reasons related to their pregnancy. However an employer who includes absence related to pregnancy in any assessment of a worker s sickness record, for example in a redundancy exercise or for disciplinary reasons, will be vulnerable to a claim of sex discrimination. An employee who is absent due to a pregnancy-related illness during the four weeks period prior to her due date will be required to start maternity leave early, and will be entitled to maternity pay and not sick pay. When an employee informs you they are pregnant. It is advised that a risk assessment is undertaken within their job role and workstation. If an employee who is pregnant is having problems within the work place or they are frequently off sick, you must refer to Occupational Health for an assessment. 10

11 12. Annual Leave An employee can take annual leave whilst off sick from work. They must contact you prior to taking the leave and you should send out form to be completed and returned by the employee. You are required to sign the form and submit to payroll. Additionally, you must manually deduct the leave from the employee s annual leave record. Staff will continue to accrue annual leave whilst off sick, but this does not include Bank Holidays. Where they have been unable to take leave by the end of leave year due to being off long term sick they will be able to carry over the remainder of their entitlement based on a calculation of the statutory amount of 28 days (pro-rata for part-time workers). 13. Working additional hours Staff should not undertake bank/bench / agency work/overtime for two weeks following an episode of sickness absence or whilst on formal sickness absence review unless they have authorisation from their line manager to do so 14. Benefits Managers should be aware of ill health retirement options for staff who are confirmed as medically unable to return to work. Additionally, the NHS Injury Allowance scheme provides support for staff who sustain an injury, disease or other health condition which is attributable to their employment after 31 March