MANAGING SICKNESS ABSENCE AND EMPLOYEE RIGHTS. LRA Good Practice Seminar
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1 MANAGING SICKNESS ABSENCE AND EMPLOYEE RIGHTS LRA Good Practice Seminar
2 What is absence? Absence refers to the non attendance of employees for scheduled work when they are expected to attend
3 Types of absence Absence due to illness eg - Self Certified - Medically Certified Unauthorised absence eg - Conduct Absence authorised by legislation eg - Contract of employment - Codes of Practice
4 Absence authorised by: Legislation/ codes of practice Holidays Family related leave Disciplinary suspension suspension on medical/maternity grounds Time off, e.g. public duties Employme nt Contract bereavement leave medical/dental appointments career breaks
5 Causes of sickness absence Internal poor relationships among workers poor management unresolved or festering grievances poor working conditions unreasonable job pressures low job satisfaction bullying work culture can t cope with change incapable of doing the job External health problems domestic problems other commitments poor attitude
6 Costs of sickness absence! SSP/employer s sick pay! Recruiting temporary cover! Training! Loss of business! Low productivity! Impact on personal life of other staff! Demotivation of good attendees! Management time! Legal and emotional
7 Measuring sickness absence Lost Time This shows the percentage of the total time available which has been lost because of absence from all causes in a given period Frequency average number of spells of absence per employee (expressed as a percentage) irrespective of the length of each spell Bradford Factor Developed by Bradford University, highlights repeated short-term absence by giving extra weight to the number of absences
8 Short-term absence! Defined as less than 4 weeks! Main types of sickness:! minor Illnesses; back pain; musculoskeletal injuries; stress; home/family responsibilities! Most effective approaches:! return-to-work interviews; trigger mechanisms; disciplinary procedures for unacceptable absence; restricting sick pay; sickness absence information given to line managers
9 Long-term absence! Defined as 4 weeks or more! Main types of sickness:! Acute medical conditions; Stress; musculoskeletal injuries; mental ill health; back pain! Most effective approaches:! occupational health involvement; trigger mechanisms; return-to-work interviews; restricting sick pay; rehabilitation programme
10 Notification and certification! Points to consider:! when an employee should contact the employer! how contact should be made! who employee should contact! reason for absence! likely date of return! medical evidence required " self certification " Statement of Fitness for Work
11 Certification of sickness absence Day 1-3 Day 4-7 No certification normally required Verbal or by letter, SC2 or company self cert Day 7+ Statement of fitness for work
12 Statement of fitness for work! From April 2010 replaced the previous medical statements from doctors! Allows doctors to provide the following options: Unfit for work Or May be fit for work
13 Line manager responsibility! Create an environment that encourages staff to come to work! Make employees aware that their attendance matters to the organisation! Raise awareness of absence policies and procedures and explain the legal and disciplinary aspects of absence! Co-ordinate a return-to-work plan! Conduct return-to-work interviews after each absence! Maintain accurate records! Respect confidentiality of employees! Be consistent and fair
14 Record keeping! Keep records of any interviews conducted! Keep records of agreed actions! Ensure records held are accurate and relevant! Categorise different types of absence separately, e.g.! pregnancy-related! disability-related! dependents leave
15 Managing absence - conduct Persistent shortterm absence with no underlyin g medical condition No action Fair review of attendance Absence review meeting (informal approach) Formal disciplinary action
16 Fair review of attendance! Records! sickness-related absences! return-to-work interviews! Trigger Points! absent(x) occasions in (y) months and/or! absent (x) no of days in (y) months! Hold absence review meeting
17 Formal action steps! If issuing warnings, the following steps should be taken:! inform the employee in writing that attendance is unacceptable! provide the employee with details of absence/trigger points! invite to a hearing! conduct hearing (allow the right of accompaniment)! decide if disciplinary action is necessary " if so, advise penalty in writing; period warning will remain on file " invite to an appeal hearing (if an appeal is requested) " conduct appeal hearing (allow the right of accompaniment) " communicate final outcome ADHERE TO TIME LIMITS
18 Managing absence - capability Longterm absence or persistent shortterm absence with an underlyin g medical condition! Employee consultation! Medical opinion! Consider effect on business! Alternative employment! Disability and reasonable adjustment! Rehabilitation
19 Employee consultation! Make personal contact When, Where, Who, How?! Explore circumstances of absence/employee s opinion/likelihood of return! Discuss need for medical opinion, if appropriate! Consider alternatives and reasonable adjustments! Consult on a regular basis throughout the absence! Be open and honest
20 Medical Opinion Written consent to contact GP Medical Opinion Referral to Occupational Health
21 Access to medical records! Access to Personal Files and Medical Reports (NI) Order 1991! gives employer the right to look at medical records! ensures that consent is given (in writing)! sets rules for medical practitioners regarding access to and providing reports! Employees must be informed of their rights under the Order
22 Requesting information from GP! Employee is entitled to withhold consent! If consent granted:! employee is entitled to see report before employer! can withdraw consent once they have seen report! can ask for errors to be corrected or differences of opinion recorded! Employer should provide GP with details of the job (see guidance in the Employment Practices Code, ie. Data Protection)
23 Referral to occupational health! Employer must have the contractual right to refer the employee to Occupational Health or seek agreement from employee! Duty on Occupational Physician to ensure employee has been properly informed! Ensure employee has consented to process (written, where possible)! Consent can be withdrawn at any time in process! Occupational Physician should offer employee sight of report or provide them with a copy
24 Alternative employment / reasonable adjustments! Alternative employment! Ongoing consideration of alternative employment throughout the process! No requirement to create a job where there is no alternative! Reasonable Adjustment! Consider reasonable adjustments which could allow disabled employees to continue in work
25 Rehabilitation benefits! Facilitating the return of employees from longterm absence! Benefits include:! reduced apprehension of those returning to work after long-term absence! increased morale of workforce - will show that you care! allows employees to settle more quickly
26 Rehabilitation examples! Suitable alternative employment! No need to create job where there is no alternative! Phased return-to-work plan! Part-time/light duties! Flexible working hours! Adaptations to work environment! Retraining! Specialist equipment - Any or all of these could be viewed as a reasonable adjustment for a disabled employee
27 Notice of termination! Employee is entitled to notice or pay in lieu of notice on termination! Notice required will be as set out in the Statement of Main Terms of Employment! If notice is not specified, statutory notice must be given:! after one month, 1 week for each year of service up to a maximum of 12 weeks
28 What is disability discrimination?! The Disability Discrimination Act 1995 defines disability as:! a physical or mental impairment which has a substantial and long-term adverse effect on a person s ability to carry out normal day-to-day activities (NB It must last, or be likely to last for one year or more)
29 When is discrimination likely to occur?! Forms of discrimination:! Direct! Failure to comply with a duty to make a reasonable adjustment! Disability-related! Victimisation! Harassment
30 Reasonable adjustments! The Act gives examples of steps that employers may have to take, including:! making adjustments to premises! allocating some of the disabled person s duties to another person! transferring the disabled person to fill an existing vacancy! assigning the disabled person to a different place of work! providing a reader or interpreter! altering the person s working hours! acquiring or modifying equipment! allowing absences during working hours for rehabilitation, assessment or treatment
31 Conclusion Key issues for represent ing union members in issues related to managin g sickness absence! Always compel the employer to carry out a careful investigation and keep appropriate, accurate and consistent records! Keep lines of communication open (Ensure the records are shared with the member! Ensure the employer acts fairly, reasonably and consistently and in accordance with it s policies and the statutory procedures! Be mindful of Disability Discrimination
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