HR POLICIES & PROCEDURES (HR/B05)

Transcription

1 HR POLICIES & PROCEDURES (HR/B05) REHABILITATION AND TEMPORARY REDEPLOYMENT PROGRAMME MANAGEMENT FRAMEWORK Author: Melanie Saunders, Assistant Director of HR (Operations) This document replaces: All former Trust policies Equality Impact Assessment DOCUMENT INFORMATION Consultation & Approval: Staff Consultation Process: (21 days) ends: N/A Clinical Governance Committee: N/A Board Ratification: Notification of Policy Release: All Recipients Staff Notice Boards Intranet N/A Date of Issue: October 2008 Next Review: October 14 Version: 1 (Signature agreement at Oct 08 JCC) Page 1 of 8

2 INDEX Page 1. Introduction 3 2. Scope 4 3. Procedure 5 4. Review 6 5. Remuneration 7 6. Confidentiality 8 7. Review 8 Page 2 of 8

3 1. Introduction 1.1. The South Central Ambulance NHS Trust is committed to valuing and caring for its staff and to providing procedural frameworks to ensure the compassionate, equitable and consistent treatment of members of staff who are unable to attend work due to ill health When ill health and, in particular, injury occurs resulting in periods of absence it can be frustrating for individuals who are unable to undertake their duties (in full or in part). This can foster feelings of isolation, sometimes stress and, in some cases, lead to longer recovery times Evidence from clinical studies suggests that, at four weeks, patients are still sufficiently engaged with their workplace to be anxious to return. However, at two or three months, they have begun the process of mental disengagement that makes a successful return more difficult to achieve. The management of health, safety and welfare issues for NHS staff, 2005 Rehabilitation and redeployment 1.4. By seeking to rehabilitate individuals back into the workplace sooner, individuals are able to gradually work up to optimum fitness prior to undertaking full contractual duties, thus improving morale and reducing the likelihood of feelings of isolation and personal stress Rehabilitation programmes may also aid staff in learning new skills, which in turn may enable more effective redeployment should the need arise Additionally, the Trust benefits from more effective utilisation of resources, improves morale across departments by increasing staff at work and thereby reducing pressures on other team members. Cost savings are evident as staff are contributing to the organisation, less money is spent on overtime/agency staff, it is less likely the employee will need to claim Permanent Injury Benefit The purpose of the Trust s Rehabilitation Framework is to provide a management guide for managers by which to structure suitable graduated return to work programmes for staff who are temporarily unable to undertake their duties (in full or in part) due to ill health and/or injury All rehabilitation programmes should be agreed and implemented in conjunction with the Trust s Management of Sickness Policy. Page 3 of 8

4 1.9. This framework should not be used in the event that a member of staff has been deemed by a clinician to be permanently unfit for/incapable of returning to contractual duties (refer the Trust s Management of Sickness Policy), rather the options for permanent re-deployment should be considered. 2. Scope 2.1 Circumstances when it might be appropriate to consider a rehabilitation programme include: whilst an individual is waiting for an operation/treatment whilst an individual is recuperating following an operation/treatment whilst an individual is awaiting an Occupational Health appointment and/or Lifting Assessment, having been signed fit for duty by their GP whilst an individual is recuperating from a prolonged illness This list is not exhaustive. 2.2 In order for an individual to participate in a rehabilitation programme there must be: clear benefits to the individual, the Trust and the patients we serve (this includes the assurance of cost effective rehabilitation programme); support of the Line/Departmental Manager; guidance and support of the Occupational Health Department; guidance and support of relevant specialist s/clinicians and/or the staff counsellor/employee Assistance Programme, as appropriate; involvement of the Human Resources Team; involvement of the Divisional Risk Manager (where appropriate); written and agreed programme with timescales for return to full contractual duties; understanding and agreement that a rehabilitation programme is in no way a guarantee of permanent redeployment. There is, therefore, no guarantee of the Trust being able to accommodate the individual in a rehabilitation or temporary redeployment programme and this will be dependent upon availability of positions and/or suitable alternative duties for which the individual must possess the skills to undertake. Page 4 of 8

5 3. Procedure 3.1. Where it has been established that a member of staff will be off work due to injury or illness for two weeks or more, or in the event a member of staff has been off sick for a period of 3 weeks, the line manager will contact the employee in normal circumstances to arrange a visit (at a location to be mutually agreed by the line manager and the employee) to assess whether a rehabilitation programme might be appropriate in the circumstances Following the initial discussion, the line manager will make arrangements (in consultation with the HR Department) for the staff member to attend Occupational Health at the earliest opportunity The line manager (in consultation with the HR Department) will prepare a referral letter outlining the individual s circumstances and request the OH provider to prepare proposals and recommendations on the employee s fitness to return to work and/or proposals for a suitable rehabilitation programme, a copy of which will be provided to the staff member The Trust s Occupational Health provider will assess (in conjunction with the Divisional Risk Manager, where appropriate): the individual s total health and fitness; their ability to undertake the full range of their contractual duties within the immediate future and longer term; the environment the individual works in and associated risks (this should include risks to the individual in making their injury/illness worse and risks to the patient in terms of the individuals ability to undertake manual handling and/or clinical skills); their ability to undertake restricted duties, this may include restrictions not only to physical skills but also hours of work; the individual s GP or Specialist s recommendations; the duties required to be carried out in accordance with the individual s job description and person specification Following the assessment, a written report outlining proposals and/or recommendations on the content of a clinically appropriate rehabilitation programme (including any identified limitations) will be submitted to the line manager and HR representative, including expected timescales for return to contractual duties. Page 5 of 8

6 3.6. Upon receipt of the report, the HR Representative, Line/Department Manager and individual (accompanied by a work colleague or staff representative, if requested) will meet to discuss and agree an appropriate rehabilitation programme. This meeting should take place within 5-7 calendar days of receipt of the OH report. Examples of rehabilitation programmes include: a temporary reduction in hours or the amount of days worked per week, this may include a review of the individuals existing shift pattern; restriction of certain duties; for example manual handling; reduction of the workload/task for a given period; short-term/temporary redeployment into another job role (this is only appropriate where an actual vacancy exists and the individual has the skills/abilities to undertake the role); participation in clinical audit and or other short-term project work. The above is not exhaustive, appropriate programmes may include elements from more than one example given Where appropriate, the Manager will also undertake/arrange for a workplace risk assessment to be undertaken prior to the individual commencing the agreed programme, which will be confirmed to the individual in writing Finally the agreement should include details of review dates, both with the Line Manager and Occupational Health. Reviews should take place no less than monthly. Two copies will be signed by all parties with one copy being retained on the individual s personal file Where an appropriate programme can not be agreed, the individual will remain on sick leave and the matter will be dealt with in accordance with the Trust s policy on managing long term sickness absence. 4. Review 4.1. The individual s progress will be reviewed by their Line Manager and HR Department at agreed intervals in conjunction with the Trust s Occupational Health provider Unless exceptional circumstances prevail, a rehabilitation programme will not normally last for longer than three months. Page 6 of 8

7 4.3. If the employee s fitness does not allow them to return to contractual duties within the agreed timescale the matter should continue to be dealt within in accordance with the Trust s procedures for managing long term sickness absence (refer Management of Sickness Policy). 5. Remuneration 5.1. Individuals should not be financially disadvantaged by working a graduated return to work. Whilst undertaking agreed rehabilitation programmes under this framework, employees will be paid at least what they would have been entitled to should they have continued to be on sick leave Employees will therefore be paid on their existing pay band for the hours worked (including alternative duties) unless this is less than they would receive, had they remained on sick leave, in which case they will continue to receive monies equivalent to their contractual sick pay entitlements Where agreed programmes exceed the period of sick pay entitlement (as per Section 14 of the NHS Handbook), the employee will receive base pay for all hours worked. However, benefits associated to the employee s contractual duties, e.g. Unsocial Hours Payments will cease at the point they would have if the employee had remained on sick leave Practical examples are as follows: (a) A Band 5 Paramedic ( in receipt of 25% Unsocial Hours Allowance) commences a phased return working 30 hours per week in a Band 3 Administrative role after 3 months of sickness absence. As they are in their second year of service, they are entitled to two months full sick pay and they have proceeded on to half pay. They therefore receive payment for 30 hours pay at Band 5 as this is greater than the amount they would have received, had they remained on sick pay. (b) A Band 4 Dispatcher in EOC (in receipt of 25% Unsocial Hours Allowance) commences a phased return working 15 hours per week as a Band 3 Call Taker (day shifts only), after 1 month of sickness absence. As they are in their third year of service, they are entitled to four months full pay. They therefore continue to receive their contractual sick pay entitlements as this is greater than the money that they would receive for the hours worked. Should they continue on this working pattern beyond three months, they will proceed onto half pay as this would still be greater than payment for the hours worked. Should they continue (in exceptional cases) on this working pattern beyond seven months (at which point they would have proceeded on to nil pay), they will receive base pay only for the hours worked, with no unsocial hours payments being applicable. Page 7 of 8

8 5.2. Employees suffering from a work-related injury may be entitled to claim Temporary/Permanent Injury Allowance depending on their circumstances, further information can be sought from the Trust s Pensions provider, via the HR Team The Line/Department Manager and individual may seek to find alternative solutions so that should the member of staff be working less hours whilst undertaking a rehabilitation programme, they can continue receive a sum equivalent to their full basic pay. This may include the employee using a proportion of annual leave and/or time in lieu/credit time to facilitate a graduated return to work. Whilst this should be encouraged, it must be noted that employees are under no obligation to use annual leave to supplement their salary in this way. 6. CONFIDENTIALITY 6.1 When managing an employee s rehabilitation programme, the need to maintain confidentiality is of paramount importance to managers, Occupational Health, Human Resources and staff and the Data Protection Act must be adhered to at all times. 6.2 Discussion of any staff member s health should only be undertaken in an appropriate and confidential setting. 6.3 Access to confidential information should be strictly limited to those dealing with a particular situation. Confidential information, which may include medical reports, notes of meetings and letters etc. will be kept on the staff member s file within the HR department. 7. REVIEW 7.1 The Assistant Director of HR (Operations) will review the effectiveness of this framework annually as part of the annual review of Sickness Absence Management. Page 8 of 8