Sickness absence guidance Maximus (CHDA)

Transcription

1 Sickness absence guidance Maximus (CHDA) A joint union initiative between PCS and Prospect

2 Introduction From 1 October 2015 Maximus (CHDA) introduced a new sickness absence policy which uses trigger points to monitor attendance and potential absence issues, replacing the previous Atos policy which was based on the mechanistic Bradford Factor. The new policy s stated aim is to maximise employee attendance at work, ensuring that CHDA is effectively and pro-actively supporting employees who are absent from work due to sickness and putting in place a framework of support to prevent, or minimise, any future or on-going absence. This guidance is aimed at supporting members through the introduction of the new policy and encouraging you to be proactive in managing any absence and associated issues with your manager and with your union rep. As a point of principle the policy recognises that: All medical information is confidential An employee may not feel able to discuss medical problems with their line manager so alternative arrangements may be made where appropriate Conditions covered by the Equality Act 2010 should be more supported.

3 The process a summary 1. Notification of absence When you are unfit for work, you must call your line manager at the earliest opportunity and at the latest one hour before your intended start time where possible. If possible provide the reason for your absence and your anticipated return to work date. For absences for more than one working day you must maintain regular contact with the manager. 2. Trigger points Your attendance is monitored using trigger points and these will alert your line manager to potential issues. Should you go over the trigger points your line manager should invite you to an Attendance Review Investigatory meeting. The trigger points are: Four periods of absence in any 12 month rolling period One absence exceeding eight or more working days in a 12 month rolling period, or any absence pattern which gives cause for concern. 3. Attendance Review Investigatory meeting This is a formal meeting between you and your manager with the primary aim of identifying the reason for the absence issue. It should be a two-way process and the policy makes clear that managers should through a discussion identify ways that the employee can be supported to attend work. Arising from the meeting there are several possible outcomes including: No further action Identifying steps and actions to support you A move towards a formal sanction (disciplinary) for unacceptable attendance. Formal action no longer leads on to the formal capability procedure, instead it follows the disciplinary process.

4 Statement of fitness for work In 2010 the government introduced the Statement of Fitness for Work (the fit note ) to replace the sick note. The fit note is issued by doctors when the patient s health condition affects their ability to work for more than seven days. As well as allowing doctors to advise that an employee is unfit for work, the statement also offers the option may be fit for work. Your GP should be able to suggest ways of helping you get back to work including: A phased return to work Altered hours Amended duties Workplace adaptations. Your doctor will also provide written comments to you on the form offering a more detailed view of the kind of things that may help for example, how your medical condition is likely to affect different aspects of your work. Checklist things to consider We strongly advise members are open and engage with this part of the process and make the attendance review meeting productive and although not exhaustive you may want to consider the following: Are you well enough to be at work? Is there a fit note and/or an agreed return to work based on advice given by your medical advisors? Are there any work updates on any news while you were off? Can you identify the cause of the absence or any patterns? Is your medical condition a disability and does the Equality Act 2010 apply? Are any reasonable adjustments required? Is the absence work-related and/or are there any health and safety issues? Do you have annual leave booked during your absence if so a fit note will be required to claim the time back. Is the absence related to something else? Is the sick absence really caused by having to care for an elderly relative or child Are you being bullied at work? Are there other issues, for example; domestic violence, problems at home?

5 Checklist ACAS advice for managers Maternity Absence records relating to maternity should be kept separate from sickness records a woman attending regular ante-natal classes should not hit a trigger point in the same way as someone with regular sickness absence Ensure a health and safety risk assessment has been done for the pregnant employee. Disability If the employee is disabled or becomes disabled, the employer is legally required under the Equality Act 2010 to make reasonable adjustments to enable the employee to continue working for example, providing an ergonomic chair or a power-assisted piece of equipment Make sure the individual is not disadvantaged because of their disability If absence is related to disability, keep record separate from other sickness absence. Data protection You must get your employee s permission in writing in order to see their medical records The Access to Medical Reports Act 1988 gives an employee the right to see the medical practitioner s report up to six months after it was supplied An employee can ask the GP to amend their medical report if they think it is incorrect or misleading. Health and safety Health and safety law requires you to undertake risk assessments of your activities to prevent people being harmed Review your risk assessments if your employees have suffered injury or ill health that makes them more vulnerable. Checklist dealing with long-term sickness If you are or are dealing with an employee who is on long-term sick absence you will want to consider the following: Does the Statement of Fitness for Work say that the employee may be fit for some work? If so, would a phased return working part-time or flexible hours help the employee to get back to work? In the opinion of the worker s general practitioner/medical consultant, or of the organisation s doctor, when will a return to work be possible? Will there be a full recovery or will a return to the same work be inadvisable? Could the employee return if some assistance were provided? Could some re-organisation or re-design of the job speed up a return to work? Is alternative, lighter or less stressful work available, with retraining if necessary is there a requirement under the Equality Act 2010 to make a reasonable adjustment?

6 Employees are often understandably anxious about returning to work after a long absence. Has the working environment changed? If the sickness was work-related they may be concerned about using the equipment. Has a risk assessment been done and reviewed? Catching up on any new developments within the organisation Training on new equipment or new processes/procedures If the person is disabled, or has become disabled, reasonable adjustments are required to help them back to work What do colleagues know about the absence. Stress and mental health Stress and mental health problems are common causes of sickness absence particularly long-term sickness. The Health and Safety Executive (HSE) has developed a set of management standards to help employers tackle stress. They identify the six chief causes of stress as: The demands made on employees The level of control employees have over their work Nature of the relationships The support employees receive from managers and colleagues The clarity of an employee s role within the organisation The way that change is managed.

7 Conclusion Maximus have agreed to jointly review the whole policy with PCS and Prospect after an agreed period of time. Of particular interest will be to ensure that a consistent approach is taken across the company and to look at any patterns developing and good (and bad) practice. We anticipate that the new system of trigger points will be seen as the biggest change of policy and will be the major concern of most staff. If you have any queries or concerns or just want further advice please speak to your local union rep. Also, please encourage any non-member colleagues that on this issue as with all others the best means of promoting and protecting your interests is to be unionised and organised. A New Approach Maximus state that the new policy aims to adopt a more supportive approach to anyone suffering from mental health issues. Early intervention will be actively encouraged via their providers of Occupational Health and/or Income Protection where any conditions such as stress, work related stress, depression, anxiety or any other similar conditions are reported. pcs.org.uk/join prospect.org.uk/join

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