Introduction and guidance...3 Policies affected...7 Sickness flowchart...8

Transcription

1 Policy Procedure Attendance management New policy number: 712 Old instruction number: Issue date: 1 June 2010 Reviewed as current: 30 September 2011 Owner: Head of Human Resources and Development Responsible work team: HRD Policy Group Contents Introduction and guidance...3 Policies affected...7 Sickness flowchart...8 Part 1 The notification, certification and recording of sickness absence and partial attendance policy and guidance Notification and certification of sickness Maintaining, and reporting on, sickness absence in StARS Due to service sickness guidance for managers and flowchart Partial attendance policy and guidance Part 2 - Case management guidance for managers General principles of managing a sickness case Attendance targets and trigger points for management action Case management of long term sickness/light duty cases Part 3 Reasonable adjustment and redeployment Light duties and reduced hours policy - uniformed staff Reduced hours policy - FRS/control staff Reasonable adjustment and redeployment - uniformed staff guidance for managers and staff Pay protection on medical redeployment uniformed staff Review date: 30 September 2014 Last amended date: 6 January Issue date: 1 June of 73

2 Part 4 - Formal management action for unsatisfactory attendance Disciplinary procedure and guidance Managers toolkit - disciplinary procedure Appendix 1 - Return to work interview flow chart Appendix 2 - Attendance factor matrix Document history Issue date: 1 June of 73

3 Introduction and guidance Introduction 1.1 LFB is committed to the health and well-being of its staff and expects all employees to maintain acceptable levels of attendance. This introduction outlines the responsibilities of managers and staff and applies to all Brigade staff i.e. operational, non-operational, control, and fire and rescue service staff. All the relevant attendance-related information is formatted in four parts, summarised in this introduction. 1.2 This introduction is followed by a sickness flowchart. This summarises the main processes and milestones in managing a long-term sickness case, noting that every case is managed on its merits, dependent on the individual circumstances. 1.3 It is the responsibility of managers and staff to ensure that they are aware of Brigade policies and procedures, and work together co-operatively and positively, to ensure that they are applied and followed. 1.4 This policy is designed to ensure that all Brigade staff are clear about their individual and, where appropriate, managerial responsibilities to ensure good levels of attendance. Purpose of the policy 1.5 The purpose of the attendance management policy is: To clarify for managers and staff their responsibilities in ensuring absence levels are managed effectively and in accordance with Authority policy. To provide a definitive reference point for all attendance related issues and policies. To ensure that line managers keep absences from work to a minimum and, where they do occur, achieve a return to work at the earliest possible time. The role of the line manager 1.6 It is the responsibility of all managers to ensure that their staff attend regularly for work and, when absent for any reason, that they inform their line managers promptly in line with the appropriate procedure. Line managers have a crucial role in improving productivity and lowering costs through positively influencing attendance, and fulfilling this role effectively is a top priority. 1.7 Fundamental to the operation of this policy is recognising that it is the line manager s responsibility to ensure that good standards of attendance are maintained and, where these standards are not met, the Authority s procedures are applied. Sickness absence is very costly for the Brigade and for the people of London. 1.8 Responsibilities line managers in the Brigade must ensure: (a) Induction That all new members of staff, or staff newly promoted to a role with managerial or supervisory responsibilities, are thoroughly briefed on the contents of this policy and fully understand their personal responsibilities arising from it. (b) Understanding That they familiarise themselves with the principles and procedures outlined in this policy. 712 Issue date: 1 June of 73

4 (c) Awareness That their staff are aware of the principles and policies outlined in this policy that apply to them, in particular the expectations and requirements of the Brigade to ensure that they fully understand the environment in which they are operating. (d) Reporting That staff fully understand and comply with their responsibilities for reporting absence (see part 1, section 1) and that all absences are entered onto the StARS system (see part 1, section 2). (e) Standards (f) That they are aware of how all their staff are performing in terms of absence (at both the individual and team level) and how this relates to organisation and local targets. This must be reviewed monthly. Reports can be obtained from the StARS system and managers should ensure that they are familiar with how these can be obtained (see part 1, section 2). Return to work interviews (RTWI) That return to work interviews should be conducted in line with the RTWI guidance outlined in part 2, section 1 of this policy. (g) Contact That contact is maintained with staff who are absent from work in accordance with the contact strategy outlined in principle below and set out in part 2, section 3 of this policy. (h) Support (i) That they are aware of all the key parties involved in the process of managing attendance, including the employee, the line manager, OHS, HR advisers and senior management. The disability provisions of the Equality Act (previously the Disability Discrimination Act) That they are aware of the Equality Act, and consider and are aware of when an employee may fall within the provisions of this Act, and manage the employee accordingly, working with HR advisers, OHS, and Equalities. Contact strategy 1.9 An absence episode commences when an employee fails to attend for work and ends when he/she returns. Absence is categorised as either short term (21 days 1 or less) or long term (more than 21 days 2 ) and there are a number of responsibilities that the manager and employee must discharge both at the beginning and the end of this cycle Extensive research shows very clearly that establishing and maintaining contact with employees during a period of (short or long term) absence is the most significant factor in keeping the length of absences to a minimum and preventing short term absence developing into long term, whilst supporting an employee to come back to work The underpinning principle of the contact strategy is that any contact a manager has with an employee will have a clear focus on the employee s return to work and the establishment of what 1,2 The change in definition of long-term sickness, from more than 28 days, to more than 21 days, will be implemented from September Issue date: 1 June of 73

5 the employee s and organisation s roles will be in supporting this, rather than how long the employee should remain absent from work The Brigade has developed a clear contact strategy which managers and employees must follow. This is laid out in part 2, section 3 of this policy. Rehabilitation 1.13 When absences do develop into long term cases, managers should put in place a rehabilitation plan for assisting the employee to achieve a return to work at the earliest opportunity. Rehabilitation plans should be drawn up after the employee's first medical appointment and developed in partnership with Human Resources and Development and Occupational Health professionals; they are an important part of the Contact Strategy, and should be discussed with the employee at regular review meetings. Details of the review meetings and rehabilitation plan can be found in part 2, section 3 of this policy. The role of employees 1.14 It is the responsibility of all staff to ensure that the instructions and procedures contained within this policy are followed in order to encourage good standards of attendance throughout the Brigade. The role of the employee in ensuring that they work with their managers in a positive and co-operative way represents an essential element of each member of staff s performance All Brigade staff must: (a) Inform their line manager promptly when they are unable to attend for work, stating the reasons why (see part 1, section 1): For example, employees should not wait until either 5 minutes before or after their attendance is due to report that they are sick. In the case of shift personnel, where applicable, they should ring up the day beforehand to notify that they do not think they will be fit for duty and then ring their officer-in-charge on the due day. This should be by telephone, not by or 'text'. (b) Ensure that, for the duration of their absence, they keep in regular contact with their line manager: It is not simply the line manager s job to make contact, but the employee s to ensure that they are available to talk to their manager during their absence and that they co-operate in keeping them fully informed of progress and developments. Again, s and texting are not generally appropriate; contact should be by telephone. (c) Submit sickness certificates as required under this policy (see part 1, section 1): Employees are required to provide self certificates from the 4 th calendar day of sickness, with a doctor s certificate being required from day 8. The original sickness certificates should be provided by the employee to the line manager as soon as they are received. Managers are responsible for ensuring that the medical certificates are logged on the StARS system and then placed on the PRF, working with employees to ensure that no gaps in medical certificates exist, and when they do, that gaps in certificate are addressed, thus preventing loss of payment to the employee. (d) Attend for medical appointments where these have been scheduled (see part 2, section 3): Managers should refer their staff for a medical at the earliest possible opportunity when it becomes apparent that sickness is likely to become long term (over 21 days). 712 Issue date: 1 June of 73

6 Employees are required to attend medical appointments which have been arranged by the Brigade. Failure to attend without good reason can lead to stoppage of sick pay. Employees should notify their line manager and HRD immediately if they have a compelling reason why the appointment needs to be cancelled/re-arranged. Late cancellations and DNAs ( Did Not Attend, i.e. non-attendances) are costly to the Brigade. Managers should proactively encourage staff to attend appointments, confirming with HRD at the earliest convenience when an appointment needs to be cancelled/rearranged. (e) Work positively with their line manager to return to work at the earliest possible date: Employees must seek to achieve the earliest return to work date possible, working positively with their line manager, HRD and the OHS, utilising the full range of measures and services available (review meetings, rehabilitation plan, light duties, funded treatment, fire fighters charity etc). Policy content 1.16 The detailed policy involved in the management of good attendance is detailed in four parts. A summary of these contents is provided below. Part One: The notification, certification and recording of sickness absence; and partial attendance policy and guidance: 1 - Notification and certification of sickness This contains the employee requirements to notify sickness, and provide certification. 2 - Maintaining and reporting on, sickness absence in StARS This gives instructions on how to record sickness absence on StARS, and how to generate sickness reports in StARS. 3 - Due to service sickness Guidance for managers and flowchart This provides guidance to managers on when sickness absence can be recorded as Due to Service. 4 - Partial Attendance Policy and Guidance This gives advice on the management and recording of partial attendance, including sicknessrelated partial attendance. Part Two: Case management guidance for managers: 1 - General principles of managing a sickness case Subjects covered include the manager s role, seeking advice, dealing with sensitive cases, dealing with disability, the Return to Work Interview, taking action under the disciplinary (attendance) procedure. 2 - Attendance targets and trigger points for management action This provides information on the Brigade s sickness targets, and trigger points when managers should consider taking action. 3 - Case management of long-term sickness/light duty cases Subjects covered include the contact strategy, review meetings, the rehabilitation plan, referral to the Brigade s medical adviser and action under the disciplinary (attendance) procedure. 712 Issue date: 1 June of 73

7 Part Three: Reasonable adjustment and redeployment 1 - Light duties and reduced hours policy uniformed staff This policy sets out the circumstances under which the Brigade can sustain light duties and reduced hours working for uniformed staff, and how this should be managed. 2 - Reduced hours policy FRS/control staff This policy sets out the circumstances under which the Brigade can sustain reduced hours working for FRS/control staff, and how this should be managed. 3 - Reasonable adjustment and redeployment uniformed staff This is guidance for managers and staff on how the redeployment process works for uniformed staff who are long-term operationally unfit. 4 - Pay protection on medical redeployment uniformed staff This sets out the pay protection policy agreed by the Authority for uniformed staff who are redeployed on medical grounds. Part Four: Formal management action for unsatisfactory attendance 1 - Disciplinary procedure and guidance This is the procedure under which formal management action is taken for unsatisfactory attendance. 2 - Managers toolkit disciplinary procedure This gives information on where further resources can be found on hotwire to assist managers taking formal attendance action, in particular the template notification and outcome letters. Policies affected 2.1 The following policies have been merged into making this policy and are hereby deleted: (a) Policy Number 190 Medical examinations (b) Policy Number 191a - Personnel absence record card - uniformed staff (c) Policy Number 191b - Personnel absence record card - FRS staff (d) Policy Number 197a - Absence control - recording and monitoring procedures - operational staff (e) Policy Number 197b - Absence control - recording and monitoring procedures - frs staff (f) Policy Number Absence control procedures at Command HQs & satellite offices (g) Policy Number Sickness - notification and certification - uniformed staff (h) Policy Number Absence control policy - managers guidance (FRS Staff) (i) Policy Number Disciplinary procedure (attendance) - managers' guidance - uniformed staff (j) Policy Number Light duties policy (k) Policy Number Reduced hours policy for FRS/Control 712 Issue date: 1 June of 73

8 Sickness flowchart 1. Day 1: Employee reports sick (must make contact on the first 4 days of any sickness). If sickness is stress/anxiety/depression, or cardio-related, there is an automatic trigger for an OHS medical referral (box 6). 2. Day 4: Employee must provide a self-certificate, covering days 1-7 of any sickness absence. 3. Day 8: Employee must provide a medical certificate from this date for remainder of sickness period. Manager (WM for station based staff) calls employee (weekly contact is recommended), to discuss (need for) medical certificate/outcomes from GP, and likely prognosis (i.e. when anticipated to be back to work). Manager considers the requirement for a medical appointment with OHS (if absence is likely to go over 21 days). If absence is likely to go over 21 days (e.g. certificate is for such a period), manager contacts HRD (Attendance Management Medical Team), for pro-active early referral to OHS (box 6). 4. Day 14: Manager calls employee (weekly contact). (Further) considers booking medical appointment. Gets update on medical situation, offers assistance for return to work. 5. Day 14-17: Attendance Management Medical Team prepare referral to OHS. Team ask manager for any information that OHS need to be aware of. Manager liaises with HR adviser as appropriate. 6. Day 21: HRD (Attendance Management Medical Team) makes OHS referral. Sickness is classified as long-term when more than 21 days. (See footnote on page 4). 7a. Day 21: Manager contacts employee, explaining the purpose of medical, and what information the Brigade will be seeking from OHS. Employee advised that medical can only be cancelled with good reason, and with permission from manager. 7b. Day 21+: HRD write to employee confirming details of OHS appointment. Appointment details confirmed to manager. 8. Day (approximately). Employee attends OHS medical (If they do not attend without good reason, they can be deducted sick pay). 9. Day (approximately). Medical Outcome Report (MOR) provided to employee at end of OHS appointment, and distributed to manager by HRD. Where applicable, this includes estimated return to work date and suggested actions to be included in rehabilitation plan. Manager consults with HR adviser to consider options available to individual (e.g. physio, ACS, funded treatment). 10. Day (approximately): First Review Meeting between manager and employee. Manager requests employee to attend meeting after manager has seen MOR, and discussed with HR adviser. There is template to record discussion, part 2, section 3. Aim of meeting is to agree contact strategy (how communication will be maintained going forward); to discuss outcome of Medical Appointment; to seek understanding of employee s sickness (if not already established); to discuss interventions/support required; to discuss possible/likely return to work date; and to draw up initial Rehabilitation (return to work) Plan. 11. Day onwards. Regular contact is maintained (as agreed in the contact strategy/agreement). Further OHS appointments arranged every 4-6 weeks, with further review meetings held with the manager after each appointment. Rehabilitation Plan updated as necessary. 712 Issue date: 1 June of 73

9 Weeks 3. Operational station-based staff are moved to the respective area sick pool; notification is sent to the line manager, and the individual given notice. SM liaises with DAC and area team to agree who will maintain regular contact/manage the employee; if agreed, a handover is provided to the area team. SM informs the employee of the new contact arrangements. Where the SM is the Manager, access to the relevant sick pool can be arranged via the StARs mail box. 13a. 22 weeks. Managers contact individuals (absent not due to service for Grey Book staff) to inform them that their pay will be reducing to half pay, and the date that this is to happen (normally 26 weeks). 13b. 22 weeks. HRD Attendance Management Medical Team write to employee to confirm details of forthcoming reduction to half pay. What follows is a model, noting that every long-term sickness case is managed on its merits weeks (approximately) Employees sent to OHS for a Functional Activity List assessment. 15. On receipt of the Functional Activity List, the manager will meet with their HR adviser to discuss the case, and then a meeting will be arranged with the employee to discuss the FAL. The first option is always to try and secure a return to work in the employee s normal role, with or without reasonable adjustments. If there is no immediate prospect of a return to work on full duties, a Stage 2 discipline (attendance) hearing is convened months approximately: Stage 2 discipline (attendance) hearing considers case. Employee is advised that their case needs to be resolved at expiry of sick pay (normally 12 months) via one of the following: Return to normal duties. Redeployment to an alternative substantive position. Ill-health retirement ( PU ). Employee otherwise retires/resigns. These options to be explored over next 3 months, otherwise a Stage 3 hearing will be convened where employee may be dismissed on medical grounds; employee is formally warned. 17a. 48 weeks. Managers contact individuals (absent not due to service for Grey Book staff) to inform them that their pay will be reducing to nil pay, and the date that this is to happen (normally 52 weeks). 17b. 48 weeks. HRD Attendance Management Medical Team write to employee to confirm details of forthcoming reduction to nil pay. 18a. 52 weeks+: Either: Employee returns to full duties. Employee is redeployed. Employee is ill-health retired. Employee otherwise retires/resigns. 18b. 52 weeks+: Or: Stage 3 discipline (attendance) hearing is convened which may result in employee s dismissal on the grounds of medical incapacity. 3 The change, from 6 months continuous sickness/light duties to 3 months, as the point when a station-based employee loses their base post, will be implemented from September Issue date: 1 June of 73

10 Part 1 The notification, certification and recording of sickness absence and partial attendance policy and guidance 1 Notification and certification of sickness Introduction 1.1 This policy sets out the Brigade s sickness notification and certification requirements for all employees. It also summarises management responsibilities regarding the recording of sickness absence and maintenance of self certificates/medical certificates ( fit notes ). 1.2 Failure to adhere to the Brigade s sickness notification and certification requirements is a breach of the Brigade s disciplinary rules. Notification of sickness First day sick 1.3 All employees are to inform the officer in charge/line manager of their place of duty at the earliest opportunity. Notification is to be made by telephone on the day the employee falls sick. See paragraphs in this part for the specific reporting requirements of different occupational groups. 1.4 When notifying sickness, employees must report: The nature of the incapacity. Whether a doctor is being consulted. Where possible, the anticipated length of absence. 1.5 Employees who consult a doctor are to inform the officer in charge/line manager of the outcome of the consultation immediately, and, if rostered for duty, are to report for duty immediately if the doctor so advises. Night shift 1.6 Where a night shift spans midnight, an employee who is sick and does not report for duty for the whole night shift, is regarded as sick from the day on which the shift commenced. First day fit 1.7 Employees must notify the officer in charge/line manager of their workplace on the first day they are fit after a period of incapacity that has lasted less than 7 days, if they are not reporting for duty on that day. This action is necessary to meet the rules of Statutory Sick Pay. Requirements for watch-based staff, including control and flexi-duty staff 1.8 Where the employee falls sick on a duty day, they are to notify their workplace before the commencement of the duty/shift which would otherwise have been worked. Following notification on the first day of sickness, the employee must notify on each of the subsequent three days of sickness whether or not they are on duty. Requirements for FRS and day duty staff 1.9 The employee should notify their line manager on the first day of sickness normally within one hour of commencement of the working day/shift, and also by telephone on each of the subsequent three days of sickness within one hour of commencement of the working day/shift. If 712 Issue date: 1 June of 73

11 any of the first four calendar days of sickness falls on a weekend or other general non-working day, the requisite notification must be given as soon as possible thereafter. Certification of sickness Sickness of three consecutive calendar days or less 1.10 Provided that telephone notification has been given, no written certification of sickness is normally necessary, except as provided in paragraph 1.18 in this part below. Sickness of 4-7 consecutive calendar days 1.11 Except where the sickness is covered by a doctor s certificate, immediately on return to duty employees should submit to their officer in charge/line manager a completed self-certificate which can be a DSS form SC2, or a Brigade Form 112a (available from hotwire). The manager will record its details on StARS before forwarding it to the Document Management Team for inclusion on the employee s e-prf. Sickness of 8 consecutive calendar days or more 1.12 As soon as employees are aware that they are likely to be sick for 8 consecutive calendar days or more, they are to complete the self-certificate for days 1-7 (DSS form SC2 or Brigade Form 112a), and send it as soon as practicable to the officer in charge/line manager of their workplace In respect of sickness on and after the 8 th calendar day, employees are to obtain a doctor s medical certificate, and forward it to the officer in charge/line manager of their workplace. The manager will record the details on StARS and forward the certificate to the Document Management Team for inclusion on the employee s e-prf. Employees are therefore advised to make a medical appointment with their doctor immediately they are aware that sickness is likely to last more than 7 days. (The term doctor s medical certificate includes the Statement of Fitness for Work or Fit Note (see paragraphs below), issued by doctors for the purposes of SSP and DSS payments.) 1.14 Thereafter, doctor s medical certificates are to be submitted to cover the sickness period in question, without gaps, until the employee is fit for duty and returns to work. This includes weekends and/or other general non-working days All doctor s medical certificates are to be submitted immediately they are obtained, and the originals, not photocopies, are to be provided in each case. Where the employee requires the original certificate, e.g. in respect of a state benefit claim, the manager should photocopy the original, annotate that the original has been seen, and return the original to the employee Unless a medical certificate shows an end date or period until which it is valid, it will be taken as covering 7 days only The Brigade will not normally accept a medical certificate for a duration of more than two months. Where a medical certificate for a longer duration has been submitted, the Brigade can require the employee to submit a further medical certificate after two months in order to meet the Brigade s sickness notification requirements. Certificates from first day of sickness 1.18 Employees may be required to submit a doctor s certificate from the first date of absence in respect of all periods of sickness occurring after such notice has been given. Employees will also be required to submit a doctor s certificate from the first date of absence when they are on prebooked leave. In such cases the Brigade will reimburse the cost of a private medical certificate up to and including the 7 th calendar day of sickness only. The cost of private medical certificates will 712 Issue date: 1 June of 73

12 otherwise not be reimbursed. Private medical certificates, where provided, will be considered to have a maximum duration of 7 days. Sick leave and certification following advice from a medical adviser 1.19 When employees are granted a period of sick leave following advice from the medical adviser, they must submit the required certification from the fourth calendar day of sickness. They are to visit their own doctor to obtain a medical certificate from the 8 th consecutive calendar day of sickness, and are to notify the HRD Attendance Management team if such certificates cannot be obtained. Late/absent sickness certificates 1.20 Employees whose period of sickness exceeds 3 days and who fail to provide acceptable certification covering the entire period of absence, will be treated as absent without permission for the period(s) not covered A doctor s medical certificate will normally be regarded as covering absence only from the date of issue of the certificate; back-dated certificates will not normally be accepted. Periods of sickness not covered by an in-date certificate will be treated as absence without permission Sick pay will be withheld for any period of absence not covered by an in-date certificate, i.e. there will be a deduction of pay for all periods of absence without permission. The head of service has discretion to vary this in exceptional circumstances. Sickness whilst abroad 1.23 Employees who fall sick abroad will need to follow normal sickness reporting procedures, i.e. they are to notify their officer-in-charge/line manager at the earliest opportunity. If the employee s incapacity prevents them from returning to the UK by the next date they would otherwise be on duty, this should be supported by an appropriate medical statement. Action by officer in charge/line manager Failure to adhere to notification/certification requirements 1.24 The station manager, or line manager at other Brigade establishments, is to make enquiries when employees fail (a) to notify absence in accordance with the provisions of the section Notification of sickness above; or (b) to submit a self certificate or doctor s certificate at the prescribed times. If the manager is not satisfied with the result of such enquiries, the facts are to be reported to the Attendance Management team so that appropriate action can be taken without delay. Recording of sickness on StARS 1.25 It is the responsibility of the officer in charge/line manager to record sickness, including certification details, on StARS; see part 1 section 2 for instructions on this. The manager will record the sickness on StARS from the first date on which sickness is notified, and the sickness will be regarded as commencing from that date. Statutory Sick Pay will be administered by HRD/Payroll, and StARS will be utilised in calculating entitlement. Changes in home address 1.26 When an employee notifies a change of address when on sick leave, the manager is to notify the Attendance Management team immediately. General 1.27 Managers are to ensure that no delay occurs in dealing with the matters set out above, and are to keep accurate records on StARS. 712 Issue date: 1 June of 73

13 Sickness after attendance at an incident (operational staff) 1.28 If an employee is taken ill within a few days of attending an incident and there is reasonable ground to consider that such attendance may have been a contributory cause of the illness, the officer-in-charge is to submit a report to the Attendance Management team, with a view to the Brigade s medical adviser being consulted. A copy of the report is also to be submitted to Health and Safety Services It is recognised that there may be valid reason(s) for a late entry in the accident book. Any dispute arising out of the late reporting of an accident is to be referred to Health and Safety Services. Where sickness commences more than a week after the accident on duty to which it is attributed, this should be referred immediately to Attendance Management team, who may seek advice from the Brigade s medical adviser Employees who consider they may have come into contact with toxic fumes or hazardous substances in the course of duty are referred to Policy Number Notification of possible contamination by material(s) hazardous to health. Emergency sick cases 1.31 When an employee becomes sick or sustains injury whilst on duty the officer in charge/line manager is to deal with the case as circumstances permit. If emergency medical treatment is necessary it is to be obtained if possible from a hospital or from a doctor who undertakes the treatment of patients under the National Health Service. A report is to be submitted to Health and Safety Services, and copied to the e-prf. Resumption of duty 1.32 An employee who has submitted medical evidence of unfitness for duty may be required, before resuming duty, to be signed off as fit to resume duty by the Brigade s medical adviser and/or to produce a medical certificate stating that s/he is fit for duty. A medical certificate of unfitness for work which indicates that the member will become fit to resume work on a specified date will meet the requirements of this policy Doubt about the resumption of full duties can exist because of the nature of the incapacity, e.g. in the case of operational staff in particular, an injured leg or arm. Furthermore, where medical certificates have been submitted indicating medical conditions such as cardiac pain, angina, myocardial or ischemic pain or disease, diabetes, giddiness, repeated fainting attacks, other conditions affecting consciousness, or stress, anxiety or depression, the advice of the Brigade s medical adviser should always be obtained An employee who is resuming either full or restricted duties is to inform the officer in charge/line manager as soon as possible, and is to resume duty, in accordance with his/her doctor s guidance, subject to the following: Where the employee intending to resuming duty has been seen by the Authority s medical adviser and has not been found fit for duty by the latter, the officer in charge/line manager is to inform the Attendance Management team immediately. Further advice from the Brigade s medical adviser should be obtained. Where, in the case of operational staff, a medical certificate has indicated a return on light duties only, the provisions of part 3 section 1, are to be followed. Where, on a return from sickness absence, the officer in charge/line manager has doubts about the employee s fitness for the performance of (full) duties, the manager will seek the advice of the Brigade s medical adviser via the Attendance Management team. Operational 712 Issue date: 1 June of 73

14 staff are to resume on light duties in accordance with the provisions of part 3, section 1, until the advice of the Brigade s medical adviser has been obtained Where the Brigade s medical adviser advises that the employee is fit to resume duties, the officer in charge/line manager is to arrange for the employee to resume duty on the due date, unless the employee has been, and/or continues to be, certified unfit by the employee s own doctor. In such circumstances, the manager is to inform the Attendance Management team immediately, in order that further advice from the Brigade s medical adviser may be sought In the event of any difference in opinion/certification between the Brigade s medical adviser and the employee s treating/consulting doctor, the manager is to consult the Attendance Management team, who may seek advice from the Brigade s medical adviser as to the action to be taken. Information for managers relating to the introduction of the fit note (statement of fitness for work) Purpose 1.37 From 6 April 2010 medical certificates (med 3) have been replaced by the Statement of Fitness for Work or Fit Note This section provides guidance to managers as to how the form is to be used, in line with existing Brigade Policy. Background 1.39 The Department of Works and Pensions (DWP) introduced the Fit Note to assist people in getting back to work as soon as possible. There is evidence that long periods out of work can lead to worse health, while working can be good for an individual s physical and mental health and wellbeing, and can help an employee recover more quickly from illness The Fit Note continues to allow GPs to advise that an employee is unfit for work. However, it also offers a new option that an employee may be fit for work taking account of the following advice. Under this option a GP is able to state that, with the agreement of the employer and if available, an employee may benefit from one or more of the following options: (a) A phased return to work e.g. a gradual increase in the intensity of their work duties or their working hours. (b) Altered hours e.g. a change to the hours that they work. (c) Amended duties e.g. amended duties to take into account their condition. (d) Workplace adaptations e.g. their workplace is adapted to take into account their condition In addition, the GP can include written comments including the functional effects of the employee s condition. The period that the advice covers will also be stated. A specimen of the Fit Note is attached, page The GP s advice does not confer an entitlement on the employee to work in line with the suggested options. Any working arrangement which is not normal duties and normal hours must be with the agreement of the employer and available The Brigade aims to help employees return to work as soon as possible. To that end the Brigade has implemented a light duties policy (Part 3, section 1) for operational staff, and a reduced hours policy (Part 3, section 2) for FRS and control staff. Any variation in working hours/duties must be 712 Issue date: 1 June of 73

15 in accordance with these policies. These policies set out the extent to which light duties and working reduced hours can be sustained by the Brigade, and the minimum managerial levels which can agree variations to the stated norms. Procedure to be adopted on submission of a fit note where the employee may be fit for work 1.44 On receiving a Fit Note that advises an employee may be fit for work, a manager should liaise with their HR adviser to discuss the suitability/possibility of any return to work/rehabilitation plans. Any variation to normal hours and/or duties should be determined in consultation with the HR adviser, before they are confirmed with the employee. It may also be necessary to seek further advice from the Brigade s medical adviser before any revised working arrangement is agreed, e.g. where a phased return to work, altered hours, or amended duties are suggested by the GP Where medical advice is sought, and this is not obtained before the start date of the GP s advice the line manager, should consult with their HR adviser, to determine whether the employee should remain off work until the advice is received Proposed revised working arrangements should be discussed with the employee, with the aim of reaching agreement. If the GP s suggestions cannot be accommodated the reasons for this should be explained to the employee, and the Fit Note is then to be regarded as if the GP had advised not fit for work. It is not necessary for the individual to return to their GP for a new Fit Note to confirm this. The currency of the Fit Note is then until the end of the period the GP s advice covered Where, following the advice from the GP, the manager can support the employee to return to work, but the employee disagrees with the proposal, this should always be discussed with the employee to find out why they believe they cannot return to work. There may be an aspect of the employee s condition or the workplace that has not been considered. If no agreement can be reached, then (further) advice should be obtained from the medical adviser. 712 Issue date: 1 June of 73

16 Specimen - statement of fitness for work 712 Issue date: 1 June of 73

17 2 Maintaining, and reporting on, sickness absence in StARS Maintaining sickness absence in StARS Starting a period of sickness in StARS (a) Open StARS and go to the rotabook of the employee to be booked on a new period of sickness. Depending on individual managerial access permissions to StARS, it may not be possible to mark a member of staff on sickness more than 5 days in the past. If this is the case, the Attendance Management team mailbox who will enter this sickness where agreed. (b) Right click on the date for the individual required. (c) Choose New > Sickness. (d) Enter the Sickness Category and also the Sub Category using the drop down menus (if given this option. Some Sickness Categories do not require a Sub Category to be entered). (e) Click OK, then click Yes to confirm. (See part 1 section 3, if sickness is considered to be due to service.) Sickness codes in StARS 2.1 Once a period of sickness absence is started StARS will continue to roll this sickness over day-byday until the sickness is manually finished. The codes in the rotabook will change as set out in the table below. Codes ending in N are not due to service and in D due to service sickness. Sickness code NN, ND SN, SD MN, MD LTN, LTD Length of period up to 3 days 4-7 days 8-21 days over 21 days 712 Issue date: 1 June of 73

18 Entering certificates on StARS 2.2 Managers should record certificates on the Certification tab. (a) Click on the Certification tab and click Add. (b) Choose the Type of Certificate from the drop down menu (note Self Certificate can only be used for the first 3 days of sickness). (c) Choose the date the certificate starts from. (d) Then either choose the To date or the number of days/weeks/months that it runs for and the system will calculate the To date automatically. (e) Enter the date received and the date sent to the PRF. You should ensure there are no gaps in certification and chase appropriately. How to add details of daily contact in StARS (a) Find the rotabook of the employee. (b) Right click on their sickness and select Edit. (c) Click on the Contact tab. (d) Click the Details box for Last Daily Contact. 712 Issue date: 1 June of 73

19 (e) Click Add on the screen shown below to enter the details of the contact. (f) Ensure the date is correct. Then enter the name of the line manager, by clicking on the box on the manager line, and searching for the name (either by surname or pay number). Double click on the name and this will enter it in to the manager field. (g) Enter the details of the contact in the Comments box. (h) Click OK. (i) The comment will now be listed with previous contact for that period of sickness (if any). Click OK, then OK again, and click Yes to confirm. Details of Phone Contacts and Home Visits can be added in the same way, if applicable for the sickness absence. Ending a sickness period on StARS 2.3 Once the employee has returned to work the sickness period will need to be marked as ending on StARS. (a) Right click on the day the person has returned to work and click Edit. (b) Select the Return to Work tick box, and ensure the correct date for returning to work is in the adjacent box. (c) Now click OK, then click Yes to confirm. (d) The sickness code on the rotabook will stay red until the return to work interview (RTWI) is done and the comments have been entered. See the next section for completing the RTWI. 712 Issue date: 1 June of 73

20 Adding notes of return to work interview (RTWI) (a) Find the rotabook of the employee. (b) Right click on their sickness and select Edit. (c) Click on the Return to work interview tab. Attendance Factor 2.4 The individual s Attendance Factor score (calculated based on 12 months from the Return to Work date) is shown at the top of the Return to Work Interview screen, with the level of Expected Managerial Action (see part 2, section 2, paragraph 2.7 onwards). 712 Issue date: 1 June of 73

21 2.5 An adjustment to the AF score needs to be made where the employee is working compressed hours or, in some cases, where the employee works part-time, see part 2 section 2, paragraphs However StARS cannot calculate this adjustment at present, nor can this adjusted score be entered in the [Attendance Factor] Level box. The manager will therefore have to make a separate calculation and then correlate the adjusted score to the Expected Managerial Action at part 2, section 2, paragraph 2.9. (a) Under Summary of Discussion click the + button, and enter the notes of the interview. (b) When the notes have been filled in, click OK. The notes will appear in the Summary of Discussion box. Managerial action 2.6 Mitigating circumstances: If, and only if, the sickness is maternity/pregnancy related, click the Mitigating Circumstances box, and select Maternity/Pregnancy related in the drop-down box to the right. This will have the effect of discounting this period of sickness from the Attendance Factor score, and the score will be recalculated in the Attendance Factor Level box at the top left of the screen. 2.7 Disability-related sickness: If some or all of the sickness in the previous 12 months is disability related, click the next box. This will not recalculate the Attendance Factor score (and, again, an adjusted score cannot at present be entered in the [Attendance Factor] Level box). However in this case the triggers for management action are increased by between 30% and 100%, see part 2 section 2, paragraphs The manager will therefore need to make a separate calculation to determine if the Expected Management Action triggers are reached. Please note that there is no need to click this box and undertake a recalculation if the Attendance Factor score is less than 48, as there is no Expected Managerial Action in any event. Current action, or action to be taken 2.8 This box indicates the current (live) action, or the new action to be taken in respect of an employee. (a) (b) (c) If an employee has not previously been subject to action, but action is now to be taken, the level of the action to be taken is entered. If an employee is currently subject to live action (a monitoring period), e.g. following informal action or Stage 1 action, and no new action is proposed at this stage, then the level of previously taken action is entered. The action must be current/live to be entered. If an employee is currently subject to live action (a monitoring period), and new action is proposed (which may be a continuation of existing action, an escalation to the next level, or a reduced level of action), then the level of the new action to be taken is entered. 2.9 Where the level of action entered is less than the Expected Managerial Action at the top right of the screen, a warning will appear You must enter a reason for selecting action lower than the recommendation. The reason must be entered in the box at the bottom of the screen Please detail reason where action is lower than Expected Managerial action. This is a free text box One example of a reason might be disability-related sickness, where there has been disabilityrelated sickness in the previous 12 months, and a 30%-100% recalculation of the Attendance Factor produces a lower level of action. There is no restriction on the reasons which can be entered Click OK to close and save the record. 712 Issue date: 1 June of 73

22 Reporting on sickness absence and managerial action taken Running analysis of absence reports from StARS reports (a) Open StARS Reports, clicking the reports icon at the top left of the StARS application. (b) Choose Report Group Attendance and click on Analysis of Absence (AA1/AA2). (c) The manager will be able to report on their own rotabook only, their Department or the whole of LFEPA depending on individual level of access. Select the organisational unit the report will be run for. (d) Select either AA1 or AA2. AA1 produces a list of staff in the rotabook selected with their absence statistics over the time period selected. AA2 will produce a summary report of absence statistics by rotabook, Department, or whole organisation. (e) In the Group, drop down menu choose either all or specific occupational groups (note FRS* was previously Craft and Manual). (f) The report can be run by month, quarter or year, ending in the last day of the month entered in the Period section. (g) It is possible to apply a Maximum Daily Absence (MDA) target if required. This will be a percentage of days absent. If the target is applied, only individuals (AA1 report) or teams (AA2 report) that are over the target will appear on the report. If the target is not applied, all absence data will come up on the report. (h) Click OK and the report will run and be exported to Excel. 712 Issue date: 1 June of 73

23 3 Due to service sickness guidance for managers and flowchart Scope: Uniformed operational staff 3.1 (Managers at station manager level and above are able to input sickness as Due to Service (DTS) for uniformed operational staff, and should follow the guidance below. Local managers are unable to input sickness as Due to Service for all other staff: in these cases, where the manager considers the sickness may be Due to Service, they should contact the Attendance Management team with the details.) Definition: 3.2 The Grey Book refers to An employee on authorised sick leave as a result of an illness or injury arising out of authorised duty (section 5B, paragraph 11). 3.3 In determining whether an illness or injury arises out of authorised duty, the London Fire Brigade s starting point is whether or not what occurred is consistent with the determination of a qualifying injury as defined within the Firefighter s Compensation Scheme (FCS). 3.4 The relevant definition is: An injury received by a person without his or her own default in the execution of his or her duties as a regular firefighter. 3.5 The first two questions to be addressed in making a determination of Due to Service; are therefore: (a) Was the employee in the execution of their duties as a regular firefighter when they sustained the injury/illness? (i) For this to be established there needs to be causal connection between the performance of duties as a firefighter, and receipt of the injury/illness. (ii) For all musculo-skeletal injuries which are potentially Due to Service there should be an investigation, documented in a SERD (Safety Event Reporting Database) report. The SERD report will identify what the employee was doing at the time of the injury. (iii) The manager should not record sickness as DTS without obtaining further advice from the Attendance Management medical team where one or more of the following applies: The injury/illness is not musculo-skeletal (e.g. a psychological/stress-related illness is under consideration as DTS; these cases are generally much less straightforward) There is no SERD report According to the SERD report, there is not a clear causal connection between the performance of duties as a firefighter, and the activity the employee was engaged in at the time of the injury (b) Was there default by the employee when they sustained the injury/illness? (i) Where the SERD report indicates that the employee may not have been without default when they sustained the injury/illness, e.g. there was no hazard, or defective kit, when the injury was sustained, the manager should not agree DTS without obtaining further advice from the Attendance Management medical team. 712 Issue date: 1 June of 73