Sydney Children s Hospitals Network (SCHN) Sick Leave Management Procedure

Transcription

1 Newsletter: 238/2013 Date: 13 August 2013 Distribution: All reps SCHN Contact: Your organiser Sydney Children s Hospitals Network (SCHN) Sick Leave Management Procedure Dear Member, A draft sick leave management procedure is attached. The best way to constructively deal with these kinds of proposals is by taking into account the concerns of the group, agreeing on a way forward and then meeting with management to present that united position. Your organiser, Graham Conroy or Lee Papas, is available to facilitate such a meeting and I would encourage you to deal with the restructure in this way. Please forward all concerns and comments to your organiser via graham.conroy@hsu.asn.au or lee.papas@hsu.asn.au by 26 August Yours sincerely, Gerard Hayes Secretary, HSU NSW/ACT

2 SYDNEY CHILDREN S HOSPITALS NETWORK (SCHN) SICK LEAVE MANAGEMENT PROCEDURE 1.0 PURPOSE The purpose of the NSW Health policy directive is to ensure a consistent approach to sick leave management across NSW Health. The local procedures provide for a consistent approach to the management of sick leave across the Sydney Children s Hospital Network (SCHN). This procedure will also provide managers/supervisors the process to manage sick leave across SCHN. It provides staff with information about their sick leave eligibility and entitlement. This document must be read in conjunction with the NSW Health Policy Directive: PD2009_050 Sick Leave Management. 2.0 ACHIEVING A 5% REDUCTION IN SICK LEAVE USAGE In line with recent Award negotiations, the Ministry of Health and the major health unions have agreed to a system wide reduction in sick leave by 5%. In order to achieve this reduction, managers/supervisors must actively monitor and address sick leave issues with staff. It is important for supervisors/managers to work towards and or achieve not only a 5% reduction in paid sick leave entitlement but also a 5% reduction in absences associated with illness which may not be paid as sick leave entitlement. 3.0 ROLES AND RESPONSIBILITY All employers in the NSW public health system must comply with the NSW policy directive. Specific responsibilities related to sick leave management may be defined as follows: 3.1 Staff have a responsibility to: attend duty in accordance with the industrial instrument or employment contract applicable to them when not able to attend duty, notify absences in accordance with the required procedures take reasonable care for the health and safety of people at work who may be affected by their acts (as required under the Occupational Health and Safety Act 2000). 3.2 Supervisors/managers are responsible for: the day-to-day management of sick leave in accordance with this policy directive commensurate with their level of authority, ensuring the health, safety and welfare of staff and others in the workplace, including patients ensuring that staff absence records are accurate and complete monitoring the sick leave levels of staff reporting to them, distinguishing between incidents of chronic illness and patterns of unacceptable sick leave absences, and managing each appropriately 3.3 Senior management have: an obligation to ensure the health, safety and welfare of staff in accordance with occupational health and safety and injury management legislation

3 a responsibility for the management of systemic issues affecting sick leave levels through periodic monitoring of sick leave; identifying and analysing trends or significant variations in sick leave absences by teams/departments, occupational groups, gender, age, job shifts; and initiating action as required 3.4 Chief Executives are to: Provide overall direction for the policy, procedures and management of sick leave, taking into consideration their responsibilities under occupational health and safety and injury management legislation Conduct, at regular intervals, a review and comparison of sick leave across the organisation and to other parts of the NSW public health system, and take appropriate action 3.5 Workforce Directorates are responsible for the coordination of the management of sick leave, while ensuring that the employer obligations under occupational health and safety and injury management legislation, as delegated, are met. These Directorates should: Develop, review and administer local sick leave procedures in line with Ministry of Health policy Ensure that the network has a system which provides the necessary information for the effective and efficient management of absences Provide training, advice and support to senior management and line managers, and to staff be involved in cases of long-term and frequent short-term absences Undertake benchmarking, and provide advice to the Chief Executive Actively seek and develop appropriate strategies to support attendance and reduce sick leave absences across the organisation Employers should establish expectations with all managers in accordance with the roles and responsibilities detailed above 4.0 ENTITLEMENT A staff member may be eligible for paid sick leave when the staff member: is incapacitated for the performance of duties by a physical or psychiatric or psychological illness; an injury; or an illness or injury associated with pregnancy or childbirth (but not pregnancy/childbirth itself), risks further impairment to his/her health by reporting for duty, undergoes treatment by a registered health service provider as outlined under the section Evidence of Sickness and Incapacity, where an appointment could not be obtained outside the normal working hours of the staff member; or the treatment was urgently needed; or the staff member is attending legitimate therapy, training, counselling or rehabilitation (e.g. for a disability, injury or accident, alcohol/drug or gambling dependency, post-traumatic shock, or comparable condition), and provides evidence of need and of attendance would, as determined by the employer under the advice of a registered medical practitioner, jeopardise the health, well-being or safety of others by his/her presence in the workplace, for example by exposing other staff to a communicable disease, or is required to provide care for another family member who is ill or injured. In this case, sick leave is to be accessed as Personal/Carer s Leave. Full time staff members are entitled to accrue 2 weeks sick leave per year, and part-time employees are allocated an entitlement based on a pro-rata basis.

4 4.1 Transferred public service employees For NSW Public Service staff transferred to the NSW public health system as a consequence of the transfer of their positions, please refer to Schedule 3 of the Health Administration Act 1982 (clause 6) for sick leave eligibility and accrual. 4.2 Special sick leave Special sick leave is a grant of paid sick leave additional to the annual or cumulative entitlements, and its application is reserved for occasions of long-term illness only. NSW Public Service staff transferred to the NSW public health system may be granted Special Sick Leave if the Chief Executive or delegate approves and if the staff member satisfies the following criteria: has 10 years or more service; has been or will be absent for a period of at least 3 months; and has exhausted or will exhaust, all normal sick leave entitlements. Special sick leave is not to be taken into account when calculating normal annual or cumulative entitlements. It is only to be taken into account when assessing the availability of further entitlements of special sick leave. 4.3 Part-time staff Part-time staff are eligible for paid sick leave on a pro rata basis. 4.4 Temporary staff Temporary staff employed for periods not exceeding 13 weeks have no entitlement to paid sick leave. Temporary exempt staff engaged for a continuous period in excess of 13 weeks are entitled to sick leave in the same manner as permanent full-time and part-time staff. 4.5 Casual staff Casual staff have no entitlement to paid sick leave. 5.0 PAYMENT OF SICK LEAVE TAKEN 5.1 All staff Sick leave is to be paid at the ordinary rate of pay. Penalty rates (including public holiday penalties), shift allowances, and any other additional allowances are not to be included in payment for sick leave. However, the Public Hospital (Career Medical Officers) (State) Award and Public Hospital (Medical Officers) Award provide that full pay for the purpose of sick leave includes uniform allowance (please refer to these Awards for further information). In addition, for staff employed at any public hospital prior to 5 September 1963, who continue to be so employed from that date, full pay for the purpose of sick leave includes a Service Allowance, where such an Allowance is presently paid. 5.2 Part-time staff Part-time staff who receive a part-time loading are entitled to their part-time loading on any paid sick leave. The part-time loading is also payable where a staff member rostered to work a weekend shift takes paid sick leave (the weekend penalties are not payable).

5 5.3 Public holidays A staff member who is rostered for duty on a public holiday but takes sick leave is not entitled to any of the usual benefits associated with public holidays. If the staff member is eligible for paid sick leave, he/she will be paid one day s sick leave, and his/her sick leave balance will be debited for the number of rostered hours. 5.4 Debit of sick leave 38-hour week For staff employed under a 38-hour week agreement, sick leave is credited at 76 hours per year. For all staff other than those employed under the conditions of the Public Hospital Skilled Trades (State) Award, leave is to be debited on the basis of the actual hours rostered to be worked. In addition, subject to special conditions a further 4 hours sick leave may be available. In summary, once the 76-hour entitlement has been exhausted in any one year and no entitlement has been carried over from previous years, an additional 4 hours is to be paid even though no credit exists. This concession is granted only for those staff whose Award provides for a 38-hour week. This is considered to be special sick leave and will not affect the subsequent year s entitlement, ie it is not sick leave in advance. Staff employed under the Public Hospital Skilled Trades (State) Award will be credited with 76 hours of sick leave per year and will be debited at 7.6 hours per day. (Note that time towards an allocated/rostered day off still accrues at 0.4 hours per day during sick leave.) 5.5 Special sick leave for bone marrow donors The Director-General has determined that a grant of special sick leave (as a separate entitlement from sick leave) will apply in the following circumstance: Staff who are listed on the Australian Bone Marrow Donor Registry and are called upon to donate bone marrow, or who may not be listed on the Registry, but are required to donate bone marrow for a family member, may be granted special sick leave for the ordinary working time lost in attending bone marrow donation procedures. Special sick leave in this instance should be limited to 5 days on each occasion and is subject to the production of a medical certificate. Additional leave, if required, may be accessed from leave credits for sick leave, annual leave or long service leave, or taken as leave without pay. 5.6 Workers Compensation issues Where a staff member suffers a work-related injury or illness, he/she is entitled to seek workers compensation. Sick leave should not be used as a substitute for workers compensation. Weekly payments should commence within 7 days of the receipt of the initial Notification of Injury, prior to the acceptance of claim liability by the employer. Payments can be made for a period of up to 12 weeks. Annual or sick leave entitlements may be utilised from when absence commences until workers compensation payments commence. Once payments have commenced, leave used shall be reinstated. 5.7 Claims for damages or compensation other than workers compensation A member of staff who suffers an illness or injury which may give him/her a right to claim damages or compensation (other than workers compensation in relation to Third Party etc.) is

6 required to reimburse the organisation/facility for the monetary value of any sick leave granted for that illness or injury where their claim of damages or compensation is successful. Before a staff member is granted sick leave under the above circumstances, he/she must complete a written undertaking to include in any general claim for damages a claim for the monetary value of the said sick leave. There have been occasions where claims for damages have not included claims for the monetary value of sick leave granted, despite the staff member giving a written undertaking to reimburse the organisation/facility. Consequently, staff have objected to reimbursing the organisation/facility out of damages recovered for personal losses. This situation can be avoided by advising the staff member to inform his/her solicitor that a written undertaking to repay the organisation/facility for the monetary value of sick leave exists, and that a claim for this amount should be included in the overall claim for damages. Where a member of staff reimburses the monetary value of any sick leave granted, he/she shall have the amount of sick leave reinstated to his/her sick leave credits. 5.8 Suggested statement format for undertaking to refund monetary value of sick leave In the event of any damages or compensation being recovered by me, either in a contested action, or by way of settlement of any claim made in respect of an accident which occurred on (insert date), involving myself and (insert name of defendant), I undertake to refund to the (insert name of organisation) the monetary value of sick leave granted to me as a result of the injuries or illness sustained in the accident. I understand that, should any damages or compensation received by me represent a reduction from those which would have been received but for any contributory negligence, (insert name of organisation) may, at its discretion, reduce the amount of the monetary value of the sick leave required to be repaid as a result of this undertaking. Signature: Date: 6.0 SUBSTITUTING ANNUAL LEAVE FOR SICK LEAVE WITHOUT PAY Once an employee s entitlement to paid sick leave has been exhausted, there is no automatic entitlement to utilise other forms of leave. In exceptional circumstances an employee may apply for annual leave to cover a period of sick leave where they have exhausted their paid sick leave entitlement due to a prolonged absence. You should request the employee apply in writing outlining a case of hardship, specifying issues they wish to be considered by SCHN. However, you need to keep in mind that approving annual leave to cover ad hoc periods of sick leave may not be in the best interest of either the employee or the network due to: The fact that the employee may use up most of their annual leave and not be able to take an extended period off to rest and recuperate The fact that while it is possible to make some arrangements to deal with staff who take scheduled periods of annual leave arranged in advance, it is almost impossible to do this for ad hoc periods off due to sickness whether they are covered by sick leave or annual leave.

7 The approval of annual leave to cover sick leave may support unacceptable work attendance patterns. Such approval should be in exceptional circumstances. The employee should be made aware that the period will be considered an absence due to sick leave when monitoring his/her attendance record. 7.0 MANAGING HEALTH AND SAFETY RISKS WHERE STAFF MEMBER MAY HAVE AN ILLNESS OR INJURY Where supervisors/managers are concerned that a staff member currently at work may have an illness or injury that may pose a risk to their own health or safety, or the health and safety of others at the workplace, they must take appropriate action. In such cases, the staff member should be requested to seek medical advice. On the advice of a registered medical practitioner, supervisors/managers may direct a staff member to proceed on sick leave. The staff member may be directed to proceed on sick leave while the advice is being sought, if it is considered that there may be a health risk to the staff member, other members of staff or the public by that staff member remaining at the workplace for the time it takes to obtain medical advice. Where the staff member has exhausted their paid sick leave entitlement, they will proceed on sick leave without pay, or may choose to utilise any annual leave or extended leave entitlement available to them. Where advice from a registered medical practitioner subsequently provides that the staff member is fit for duty, and the direction to proceed on sick leave was therefore unnecessary, the employer must reinstate any paid leave taken, or reimburse salary for any period of sick leave without pay taken. If the staff member refuses to seek medical advice, the manager should discuss the issue further with the staff member highlighting the manager s duty of care and responsibilities under the WHS&IM legislation. Attention should also be drawn to the staff member s obligations under the WHS&IM legislation. As a last resort, the manager should refer the staff member for a medical assessment. Managers/supervisors must also ensure that non-immune members of staff do not work in clinical areas or with patient groups where they either pose a risk of transmitting, or are at risk of acquiring an infectious disease. (See the current NSW Health PD 2001_005 Occupational Assessment, Screening & Vaccination against Specified Infectious Diseases.) 8.0 NOTIFICATION OF ABSENCES Notification procedures are outlined within the relevant Award. Staff members should, where possible, notify of their absence prior to or at the beginning of the shift in order to minimise the disruption to service provision. Although the Awards generally state that staff members must notify the organisation within 24 hours of the commencement of their shift, this will only apply in circumstances where a staff member has been unable to notify the manager before this time. Supervisors/managers have the responsibility to set and communicate the departmental expectations regarding the notification of sick leave. Supervisors/managers are the primary contact person for the notification of sick leave. However, supervisor/managers should identify other appropriate person(s) in a senior capacity to be secondary contact person(s). The list of

8 contact people should be documented with telephone numbers and communicated to staff of the department. In general terms, when calling in, the employee must ask for and receive approval for sick leave within 24 hours notice where practicable. If a text or is the employee s first point of notification, employees are required to make contact with their supervisor/manager within 24 hours. The employee must indicate the reason for absence and estimated length of sick time. Supervisor/managers should take the opportunity to explore the employees tasks and responsibilities for the shift so that alternative arrangements can be made and appropriate people notified. The employee should make the phone call personally, except in extreme circumstances where the illness/injury prevents the employee from doing this. At this time, an appropriate person should be asked to contact the manager on the employee s behalf. 8.1 Actions resulting from an employee s notification of sick leave Assess the information provided by the employee and make decisions around service delivery i.e. re-allocation of duties or shift replacement. Ensure that appropriate people are notified of the employee s absence and any resulting alternate arrangements. Record the employee s absence on the relevant rostering system. 8.2 Follow-up & Review / Return to work interviews Employers should ensure that local procedures include return-to-work interviews, and that managers are skilled in handling such interviews. Research indicates that one of the best ways to manage sick leave is for the line manager to talk to the member of staff, however briefly or informally, about the absence when he/she returns to work. Return-to-work interviews may be conducted after each absence, or at a predetermined point, for example, when a trend emerges, or after long term illness. Return-to-work interviews provide a line manager with an opportunity to: demonstrate support and concern for the health of the staff member investigate any underlying reasons for absence and any strategies to deal with them demonstrate the willingness of the employer to deal with sick leave as a management concern outline the impact of absence on the organisation in general and on fellow workers reinforce desirable attendance attitudes in cases of long-term absence, re-acquaint the staff member with the work place and any changes discuss the implications of continued absence, including the agreed procedures, and the availability of Employee Assistance Program or other alternatives set individual targets for improvement discuss the option of a medical assessment to review the staff member s ability to continue to undertake his/her duties. SCHN will provide line managers with sensitive but effective interview techniques. This will ensure that all interviews are appropriately conducted. Records of any actions agreed on following interviews are to be retained on the staff member s personal file, and the staff member is entitled to access these records.

9 8.3 Absences without Notification Employees are required to provide notification of absence from work. If an employee does not provide notification of their absence, supervisor/managers should endeavour to contact the employee by phone. This call should ascertain the reason(s) for the absence, the expected date of return and to reiterate the necessity of notification. Upon the employee s return to work, the manager should meet with the employee to discuss their failure to notify of their absence and the possible consequences in future (i.e. disciplinary action). The supervisor/manager should provide the employee with a copy of the Sick Leave Management Policy and Procedure document and discuss the appropriate method of notification for future reference. If a manager is unable to reach the employee by phone, they should where possible, leave a message. If the employee does not respond to the message, nor returns to work, the manager should continue attempting to contact the employee daily. If still unable to contact employee, supervisor/managers to contact Human Resources for support and to discuss if the employee has abandoned their employment. 8.4 Procedure for Managing Abandonment of Employment If the employee does not return to work or make contact with the Network after 3 consecutive days, the employee is deemed to have abandoned their employment. In this case, supervisors/managers should contact Human Resources. If an employee is considered to have abandoned employment, Human Resources will issue a letter by the courier service. The letter formally advises the employee an expected date of return and that failure to return on this date, or contact the Network will result in termination of employment. If the employee does not return by the advised expected return date or contact the Network, the supervisors/manager together with Staff Services will decide whether to make a recommendation to terminate employment. If and when the employee returns to work, supervisors/managers should consider options such as the pursuit of disciplinary action in conjunction with Human Resources or meeting with the employee and discussing the support of the Employee Assistance Program (EAP). 9.0 EVIDENCE OF SICKNESS AND INCAPACITY Written certificates in support of sick leave applications may be issued by registered health service providers as listed hereunder: registered medical practitioners; or other persons listed in the relevant award for particular award classifications (eg the Medical Superintendent of the hospital, the Director of Nursing); or for a period of up to one week of sick leave, registered health service providers such as: o o o o o o o o dentists optometrists chiropractors osteopaths physiotherapists oral and maxillo-facial surgeons nurse practitioners at the Director-General s discretion, other registered health service providers.

10 Where the period of sick leave exceeds one week, and unless the registered health service provider is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner. Medical Certificates should indicate the date on which the consultation took place; the degree of incapacity of the staff member; and the date the health provider or medical practitioner considers the staff member is likely to be able to return to work. All Awards state that staff must supply medically supported evidence of illness for any period claimed as paid sick leave, but allow the employer to dispense with the requirement to supply a medical certificate in certain circumstances. NOTE: As a general rule medical certificates are not required for absences of two (2) days or less. However, there may be specific circumstances when supervisors/managers may decide that medical certificates will be required of individual members of staff, or more widely, for all absences for a specified periods of time. Such as either side of an Allocated Day off, Public Holiday, leave etc. In the case of individual members of staff, a staff member s unsatisfactory sick leave record may result in such a requirement REVIEWING STAFF ATTENDANCE RECORDS Review points are used to assess staff sick leave levels. While review points should be set case by case for each staff member, the following should be used as a guide to the minimum: 10.1 First three months of employment Particular attention should be paid to absences that occur within a staff member s first three (3) months of employment, when no eligibility to paid sick leave exists. Trends appearing within this time frame are often an indication that a health related or other factor is affecting the staff member s ability to work. In the first three months of continuous employment 3 separate absences without a medical certificate should be considered unacceptable. Where unacceptable sick leave levels or trends have become evident, the situation should be reviewed and appropriate action initiated. Such action would normally include issuing an initial warning; providing counselling and advice; and requiring medical certificates for all further absences. If a further absence on sick leave without a medical certificate occurs in the first 3 months after the issue of an initial warning, the staff member should be given final notice that disciplinary action leading to termination of employment will follow any further absences. Poor attendance record will be considered when finalising probationary period Frequent short-term absences A staff member who has had 8 separate absences, unsupported by medical certificates, in any period of 12 months is considered to have an unsatisfactory sick leave record. It may be useful to set review points which highlight the need for action prior to an unsatisfactory level being reached. Managers may initiate discussion with the staff member after 5 separate absences unsupported by medical certificates in any period of 12 months prior to an unsatisfactory level being reached.

11 Action in this case may involve a discussion with the staff member to ensure that valid reasons for absence exist, and that the staff member is aware of the sick leave policy and procedures. Where the staff member s sick leave record reaches unacceptable levels, it should be reviewed to determine what action should be taken Absences displaying trends Review points should be set where absences display trends, such as: periods of absence not certified by a medical certificate immediately before or after a public holiday, or before or after a period of approved leave (annual leave, long service leave, an Allocated Day Off, or a Rostered Day Off), or on a particular day of the week in a specified periods close to where the staff member may work overtime periods of absence associated with Work Health & Safety incidents Where a trend or pattern can be identified, the employer may require the production of medical certificates for all future absences for a defined period PROCEDURAL FAIRNESS, COUNSELLING, WARNINGS AND DISCIPLINARY ACTION Employers must ensure that procedural fairness is observed in relation to counselling, issuing warning letters and taking disciplinary action. As unacceptable absences or unexplained absence patterns by individual members of staff may have a negative impact on workplace morale, on the workload of their colleagues, or on health service provision, managers must take appropriate action to manage such absences. Research indicates that where an individual staff member s attendance becomes a cause for concern, good-practice work places are likely to respond with a non-disciplinary meeting (e.g. counselling) or if appropriate referral for a fitness to continue assessment. However, in some instances sick leave absences may eventually become a disciplinary matter (e.g. excessive and unsubstantiated short-term absences). Such disciplinary processes may need to be managed in cooperation with Human Resources Departments. It is essential that the principles of procedural fairness are adhered to throughout this process. The staff member must always be provided with an opportunity to comment on absences considered to be unacceptable or unexplained PROCESS OF MANAGING SICK LEAVE Outlined below is the process of managing sick leave. Refer to Attachment 1: Sick Leave Management Process Flowchart which also outlines the key points of managing sick leave through a process flowchart Counselling If staff have unacceptable levels of sick leave, supervisors/managers need to have an initial counselling discussion in which a supervisor/manager brings unsatisfactory attendance to the attention of the employee. Counselling should always precede any sanctions and must include a clear description of the management process Preparation of the meeting The following points would assist supervisors/managers in preparation for an initial counselling meeting:

12 a. Prepare a documented copy of the sick leave record b. Analyse of the record including identification of number of occasions, any trends, occasions supported by medical certificates. c. Review the sick leave procedure and make a copy of same for the employee, to be provided in the meeting. d. Set a date and time for the meeting during the employee s working hours. e. Provide the employee with advance notice of the meeting (minimum 24 hours). It is not necessary to provide this notice in writing, unless it would assist the communication process. f. The employee is permitted to bring a support person (defined as a union representative or other staff member of SCHN) - their attendance is optional at the discretion of the employee. If the employee chooses not to bring a support person, the meeting may proceed with 2 people Conducting the Meeting Follow the outline of Attachment 2 which provides the structure of the meeting and discussion prompts for supervisors/managers to follow. It is noted that managers cannot impose a requirement for medical certificates at this stage of the process Documentation Following the meeting, the supervisor/manager should complete the Record of Interview to reflect the discussion and provide a copy to the employee for review and signature. A copy of the signed document should be provided to the employee and the original filed confidentially in the Department. Diarise the review date to ensure the period doesn t lapse without further attention. Refer to Attachment 2: Record of Interview Counselling Meeting to provide your guidance on the documenting the meeting Follow up Monitor the employee s attendance record during the review period and revisit any other issues in the Record of Interview (eg support options and/or actions). If the attendance record has improved and is deemed to be satisfactory, managers should meet with the employee to advise them of the improvement and provide positive feedback. However, if the attendance record remains unsatisfactory, progress to the initial formal warning meeting request Initial Formal A staff member with continued unacceptable sick leave absences should be issued two formal written warnings followed by an appropriate review period prior to any consideration of actual disciplinary action Are not appropriate: where the member of staff has a chronic illness, supported by medical certificates. Where the absences are frequent and have occurred over a prolonged period, the staff member may need to be referred for a fitness to continue assessment to ascertain his/her fitness to perform the duties of his/her position.

13 May not be appropriate: where the attendance record for the whole of a person s career is considered satisfactory. It should be assessed whether the absences in the preceding twelve months were a result of abnormal sick leave, or were the commencement of a trend. It may be preferable to discuss the issue with the staff member, and keep his/her attendance record under review to assess whether it improves. The outcome of the discussion should be recorded. This is a first formal discussion following counselling in which a manager brings continued unsatisfactory attendance to the attention of the employee Preparation of the meeting Written notification of an initial formal meeting should be made in writing. Refer to Attachment 3: Letter Initial Formal Meeting Request. This attachment provides supervisors/managers with a template when requesting an initial formal meeting with employees. Please note that you need to provide minimum 24 hours notice for such meetings Meeting Follow the outline of Attachment 4: Record of Interview Initial Formal to provide you guidance in preparing for the meeting. The attachment provides the structure of the meeting and discussion prompts for supervisors/managers to follow. It is noted that supervisors/managers should impose a requirement for medical certificates at this stage of the process. Where it is appropriate to issue an initial warning, this should, as a minimum: confirm that the staff member has been advised of the organisation s sick leave procedures and of the implications of unsatisfactory attendance advise the staff member that his/her attendance level is considered unacceptable bring to the staff member s attention the amount of sick leave taken or the trend that has emerged, and provide the staff member with a copy of his/her attendance record for the period of review (12 months or less) advise the staff member that his/her attendance level will be closely monitored for a specified period of time (eg 6 months) and that improvement is expected over that time outline consequences should improvement not occur Documentation Following the meeting, the supervisor/manager should complete the Attachment 4: Record of Interview Initial Formal Meeting to reflect the discussion and provide a copy to the employee for review and signature. A copy of the Record of Interview signed document should be provided to the employee. Employee should also be provided with an outcome letter from the meeting. Attachment 5: Outcome Letter Initial Formal Meeting provides supervisors/managers with a template of such letter that needs to be forwarded to the employee. Copies of the Record of Interview and Outcome Letter should be forwarded to Human Resources to be filed on employees personal file. Warnings are normally valid for a 12 month period. Follow up Monitor the employee s attendance record during the review period and revisit any other issues in the Record of Interview (eg support options and/or actions). If the attendance record has improved and is deemed to be satisfactory, managers should meet with the employee to advise

14 them of the improvement and provide positive feedback. However, if the attendance record remains unsatisfactory, progress to the Second Formal warning meeting request Second Formal This is a formal discussion following the initial formal warning in which a manager brings continued unsatisfactory attendance to the attention of the employee Preparation Follow the preparation procedure as outlined as per However, notification of a second formal meeting should be made in writing by providing minimum 24 hours notice. Refer to Attachment 6: Letter Second Formal Meeting Request. This attachment provides supervisors/managers with a template when requesting a second formal meeting with employees Meeting Follow the outline of the Record of Interview Regarding Sick Leave, Second Formal (refer Attachment 5). It provides the structure of the meeting and discussion prompts for managers to follow. It is noted that managers should continue to enforce the requirement for medical certificates. The second formal warning letter should, as a minimum: refer to the initial warning and the fact that no or insufficient improvement has been demonstrated require the production of medical certificates for future absences on sick leave for a set period of time (eg 6 months) advise the staff member that unless his/her attendance record improves, disciplinary action up to and including dismissal may be taken advice the staff member that if they are unable to demonstrate an improvement in their attendance with or without medical certificate, disciplinary action up to and including dismissal may be taken Provide a further opportunity to discuss reasons for continued absence and possible strategies to deal with the problem (eg the use of Employee Assistance Programs or medical assessment) Documentation Following the meeting, the supervisor/manager should complete the Attachment 7: Record of Interview Second Formal Meeting to reflect the discussion and provide a copy to the employee for review and signature. A copy of the Record of Interview signed document should be provided to the employee. Employee should also be provided with an outcome letter from the meeting. Attachment 8: Outcome Letter Second Formal Meeting provides supervisors/managers with a template of such letter that needs to be forwarded to the employee. Copies of the Record of Interview and Outcome Letter should be forwarded to Human Resources to be filed on employees personal file. Warnings are normally valid for a 12 month period Follow up Monitor the employee s attendance record during the review period and revisit any other issues in the Record of Interview (eg support options and/or actions). If the attendance record has

15 improved and is deemed to be satisfactory, managers should meet with the employee to advise them of the improvement and provide positive feedback. However, if the attendance record remains unsatisfactory, the matter should be considered within the disciplinary framework. Disciplinary framework Refer the matter to Human Resources for guidance and support in managing this matter within the disciplinary framework. Supervisors/managers should review the NSW Health PD 2005_225: A Framework for Managing Disciplinary Process in NSW Health DISCIPLINARY PROCESS Where a staff member s attendance level remains unacceptable after the issue of two written warnings, the record should be reviewed by an appropriately delegated officer which could be the Service Director or your local Human Resource Department. Staff that have an unsatisfactory attendance record and have been subjected to sick leave management processes regularly should be reviewed by the Service Director or your local Human Resource Department. Therefore, staffs that have demonstrated an improvement during the review period/s and revert back to pattern/s of unacceptable attendance record maybe subjected to disciplinary action. Consideration at this stage may include, but may not necessarily be limited to, disciplinary action, including the possibility of termination of the contract of employment. Where disciplinary action is initiated, the organisation s formal disciplinary procedures should be followed. Refer also to the current NSW Health policy on managing the disciplinary process. At every stage of the process, the staff member has the right to have a support person (for example, another member of staff, a union representative, etc.) present. Privacy and confidentiality must be maintained at all times, and adequate documentation must be kept of all stages of the process LONG-TERM ILLNESS / INJURY OR SERIOUS INCAPACITY (NON WORK RELATED MEDICAL ILLNESS OR INJURY) Employees are obligated to inform their manager/supervisor of any non-work related medical illness or injury. Long-term absences and serious incapacity of staff have a negative effect not only on the staff member concerned, but also on management and work colleagues, who must ensure that health services continue to be provided despite reduced resources. It is therefore in the best interest of all parties that issues related to such absences are resolved in a reasonable time frame. It is equally important that points are set for reviewing the staff member s capability of returning to pre-illness/injury duties, and for discussing with the staff member what action will be taken next. When establishing review points for long-term illness or injury, expected recovery periods for particular illnesses/injuries should be taken into consideration in each case. If a member of staff does not appear to be capable of returning to work due to illness or injury, or the employer has concerns about his/her fitness to carry out the duties of his/her position, or his/her ability to do so safely, the employer should refer the staff member for a medical assessment.

16 The obligations on the employer under the Workers Compensation legislation to provide an alternate or suitably restricted duty that is far as reasonably practicable the same as, or equivalent to, the employment in which the worker was at the time of injury may not apply following return from non-work related illness or injury. Procedures should outline options to be considered at the completion of a medical assessment. These may include, but are not limited to: return to work in the current position return to work on reduced hours/duties job redesign to facilitate return to work return to work in an alternative position for a specified period of time return to work in an alternative position on a permanent basis continued absence for a specified period of time medical retirement Where the staff member doesn t agree with the outcome of the medical assessment, or where there is conflicting evidence about their fitness to carry out their duties, the staff member should have access to a review mechanism. The review should be conducted by an agreed third party, and both the staff member and the employer must agree to abide by the findings. Employers are encouraged to extend their return-to-work program, where practicable and where resources permit, to staff with significant non-work related illnesses or injuries. As with workrelated illnesses or injuries, this must be done in consultation with relevant medical personnel. Staff should also be provided with other support options, such as the organisation s Employee Assistance Program. For more information refer to NSW Health PD 2013_006: Injury Management and Return to Work and the Department of Premier and Cabinet (DPC) Procedure for Managing Non-work related injuries or health condition.

17 Attachment 1 SICK LEAVE MANAGEMENT PROCESS FLOWCHART First 3 months More than 3 occasions without a medical certificate Sick Leave Review and Management Frequent short terms absences 8 separate occasions with medical certificates Trends Before or after leave, holiday, overtime etc. Satisfactory Attendance No Counselling Schedule meeting-24hr notice Employee may bring support person Provide sick leave record to employee Discuss as per Attachment XXX Provide SCHN and NSW Health Policy and Procedure Consider adverse circumstances and EAP Establish Review Period Record of Interview Ongoing monitoring of sick leave Yes Normal monitoring of attendance Improvement Yes Normal monitoring of attendance No Initial Formal Schedule meeting-24hr notice Employee may bring support person Provide sick leave record to employee Discuss as per Attachment XXX Provide SCHN and NSW Health Policy and Procedure Consider adverse circumstances and EAP Establish a new Review Period Record of Interview Issue initial formal warning in writing Ongoing monitoring of sick leave Improvement Yes Normal monitoring of attendance No Second Formal Warning Schedule meeting-24hr notice Employee may bring support person Provide sick leave record to employee Discuss as per Attachment XXX Provide SCHN and NSW Health Policy and Procedure Consider adverse circumstances and EAP Require medical certificate for all future occasions Establish a new Review Period Record of Interview Issue initial formal warning in writing Ongoing monitoring of sick leave Improvement Yes Normal monitoring of attendance No Disciplinary Process

18 Attachment 2 - RECORD OF INTERVIEW - COUNSELLING Employee: Date: In Attendance: Support Person: (defined as a union representative or other staff member of CHW, attendance optional at the discretion of the employee) Issue: Unsatisfactory Attendance - A review of your sick leave record has shown that you have been absent on sick leave on x separate occasions during the xxx month period ending xx/xx/20xx. This is considered to be an unsatisfactory sick leave record and an immediate and sustained improvement is required. Discussion Prompts: 1. Provide the employee with a copy of their attendance record 2. Discuss expectations 3. Consider adverse circumstances/ongoing health issues. If a health condition exists, revisit expectations and amend documentation accordingly. 4. Consider the services of the Staff Counsellor 5. Establish a review period (eg 6-months) 6. Record of interview to be supplied for signature Employee Response: Outcome: 1. You are counselled that your attendance record is considered unsatisfactory and that your attendance will be monitored over a review period. 2. If there is no significant and sustained improvement in your attendance during the review period, further action will be taken and you may be issued with a formal warning. 3. You are provided with a copy of SCHN Sick Leave Management Policy and Procedure and NSW Health Policy Directive: PD 2009_050 Sick Leave Management Review Period: You will be placed on a review period of six months or sooner if necessary Record Keeping: This record of interview will be kept within <Department> and will not be placed on your personal file, unless disciplinary action subsequently occurs from this issue. Support Options and or Actions: <Manager> Signature of Manager <Employee> Signature of Employee

19 Attachment 3: LETTER - INITIAL FORMAL MEETING REQUEST Date: Name: Dear XXX Further to our discussion, I confirm our meeting to discuss your attendance and sick leave (see attached record) will be held in my office on <D M Y> at <time>. You are invited to bring a support person with you. This process is undertaken in accordance with SCHN Sick Leave Management Policy and Procedure and the NSW Health Policy Directive: PD2009_050 Sick Leave Management. This document is based on the following key factors: A commitment to the health and well-being of all employees Procedural fairness Active monitoring of sick leave to both manage individual cases, and identify and manage systemic causes of sick leave The need to consider the specific circumstances of each case The need to support employees in reconciling their work obligations and private commitments Management accountability A copy of the NSW Health Policy Directive is available on the Ministry of Health intranet site and the SCHN Sick Leave Management Policy and Process is available on the SCHN Intranet site or via the HR Department. I appreciate this may cause you concern and you are welcome to seek assistance from the Employee Assistance Program (EAP) if required who may be contacted on XXXX. Yours sincerely MANAGER NAME Manager Title

20 Attachment 3: RECORD OF INTERVIEW - INITIAL FORMAL Employee: Date: In Attendance: Support Person: (defined as a union representative or other staff member of SCHN, attendance optional at the discretion of the employee) Issue: 1. Unsatisfactory Attendance - You were counselled on XXX that your attendance record was considered unsatisfactory and that an immediate and sustained improvement was required. You were placed on a X month review period. A review of your sick leave record has shown that you have been absent on sick leave on x separate occasions during the x-month period ending xx/xx/20xx. This is considered to be an unsatisfactory sick leave record and an immediate and sustained improvement is required. Discussion Prompts: 1. Provide the employee with a copy of their attendance record 2. Discuss expectations 3. Consider adverse circumstances/ongoing health issues. If a health condition exists, revisit expectations and amend documentation accordingly. 4. Consider the services of the EAP 5. Establish a review period (eg 6-months) 6. Consider the requirement to produce a medical certificate for all further absences of sick leave 7. Outline consequences should improvement not occur 8. Record of interview to be supplied for signature Employee Response: Outcome: 1. This is considered to be an unsatisfactory sick leave record, an immediate and sustained improvement is required. 2. You are issued with an initial formal warning for unsatisfactory attendance and will be required to produce a medical certificate for all further absences of sick leave. 3. Failure to produce a medical certificate for any future sick leave absences will result in Leave Without Pay and may lead to further formal warning and disciplinary action. 4. If there is no significant and sustained improvement in your attendance during the review period, a further formal warning will occur and then disciplinary action may follow. 5. You are provided with a copy of SCHN Sick Leave Management Policy and Procedure and NSW Health Policy Directive: PD 2009_050 Sick Leave Management for your reference. Review Period: You will be placed on a review period of six months or sooner if necessary Record Keeping: This record of interview will be placed on your personal file in HR. Support Options and or Actions: Cc: Staff Services for personal file. <Manager> Signature of Manager <Employee> Signature of Employee