Friern Barnet School Staff Attendance and Leave of Absence Policy

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1 Friern Barnet School Staff Attendance and Leave of Absence Policy Last Reviewed: December 2011 Next Review: January 2014 Approved by: Finance and Resources Committee Date:

2 Rationale In accordance with local and national guidelines, it is recommended that schools have an attendance policy in place. It is recognised that staff will need to take time off for illness or family-related issues. This policy sets out the basis upon which action may be taken in order to help to ensure consistency across the school. Its implementation will ensure fair treatment for staff, that problems are not ignored and the action taken is timely and supportive. Aims As a school we aim to: support a workplace health strategy support healthy lifestyles reduce the pressure that poor attendance places on staff reduce the pressure that poor attendance places on the school budget Our expected outcomes are: improvement in the quality of teaching and learning improvement in the quality of support, service quality and availability improvement in staff health and morale improvement in recruitment and retention Implications for implementation include: line manager involvement trigger points for action counselling interviews referral to Occupational Health where appropriate capability hearings (for serious, sustained attendance problems) compliance with the Equality Act, 2010, local authority procedures and guidelines and all current legislation with regard to employment of staff in a school Practice Our current practice is outlined in the following appendices: Page 2 Appendix A Overview Page 4 Appendix B Reporting and Recording Absence Page 5 Appendix C Leave of Absence Page 10 Appendix D Summary of Attendance Management Procedure Page 11 Appendix E Short-term/Non-Continuous Absence Page 12 Appendix F Long Term/Continuous Absence Page 13 Appendix G Sick Pay Entitlement Page 14 Appendix H Sample Improvement Notice 1

3 Appendix A Overview 1 Staff Absence 1.1 Employees must report their absence, stating their reason for absence, to the Headteacher (or the Headteacher s designated representative) on the first day of such absence and on any subsequent days of absence. 1.2 Employees are required to complete a self-certification form on and from one day s absence and up to and including seven days of continuous absence. Should the absence span non-working days, these days will count as days of absence. 1.3 A signed Doctor s Statement of Fitness for Work is required for any absences of over seven days. 1.4 The employee is required to notify the Headteacher (or the Headteacher s designated representative) of any known long-term prognosis. 1.5 Staff absence will be monitored by the Headteacher (or the Headteacher s designated representative). 1.6 The Headteacher (or the Headteacher s designated representative) will, from time to time, contact the absent employee by telephone. 1.7 The Headteacher (or the Headteacher s designated representative) may ask to visit the employee during their period of absence. 1.8 The employee may be referred to Occupational Health. 1.9 Employees will be required to meet with the Headteacher (or the Headteacher s designated representative), when they arrive in school, upon their return to work Sick pay entitlement for teachers is determined by conditions of service outlined in the Burgundy Book Sick pay entitlement for support and associate staff is determined by conditions of service outlined in the Green Book. 2 Recording Absence 2.1 The Headteacher (or the Headteacher s designated representative) will record all staff absence on the school s management information system. 2.2 Should an employee ask to see their own absence record, this information will be made available to them. 2.3 Trigger points for short-term, non-continuous absence will be established which will lead to action being taken by the employee and/or the school to identify and address any underlying causes. 3 Return to Work Discussions 3.1 Return to work discussions will take place with the Headteacher (or the Headteacher s designated representative). 3.2 Each absence will be discussed to establish: that the employee is fit to return to work the reason for and cause of absence that the employee has provided the correct certification anything the school can do to support the employee 2

4 4 Trigger Points for Action 4.1 Further action may apply if any of the following triggers occur: 3 spells of self-certificated absence within 10 working weeks 2 spells of certificated absence within 10 working weeks Several absences being attributed to a single cause any other patterns that give cause for concern there is a long-term, or continuous, absence the overall attendance of a member of staff falls below 95% within a period of up to 12 months. 4.2 Where attendance continues to be of major concern, formal procedures may commence. These procedures will follow guidelines outlined in the Operational Guidelines (July 2011) of the London Borough of Barnet s Attendance Management Policy (see summary in Appendix D). 4.3 Further sickness occurring during a monitoring/review period set by the Headteacher (or the Headteacher s designated representative) may lead to a referral to Occupational Health. 5 Unauthorised Absence 5.1 Where an employee is absent without explanation or contact, pay will be stopped. It will be reinstated if an acceptable explanation is given. 5.2 In addition to stopping pay, the Headteacher (or the Headteacher s designated representative) will take reasonable efforts to make contact by telephone and by letter (sent by recorded delivery). The letter will notify the employee that failure to make contact with the school may result in the school contacting next of kin. 5.3 If subsequent contact is made with the employee, action taken by the school will be determined by the length of absence and the employee s explanation. 5.4 Despite reasonable efforts, if it proves impossible to contact the employee, on the fifth day of absence the Headteacher (or the Headteacher s designated representative) will send a second letter (by recorded delivery) asking the employee to attend an investigation meeting, set five days following the expected date of delivery. The letter will explain that a continued absence is a breach of their contract of employment which could lead to disciplinary action and possible dismissal. Further, the letter will make clear that failure to attend the investigation meeting will result in a conduct hearing being arranged. 6 Confidentiality 6.1 Written permission will be obtained, should the school wish to see an employee s medical records. 6.2 The access to Medical Reports Act 1988, gives an employee the right to see the medical practitioner s report, up to six months after it was supplied. 6.3 An employee can ask the medical practitioner to amend their medical report if it is thought that it is incorrect or misleading. 3

5 7 Counselling Interview 7.1 The Headteacher (or the Headteacher s designated representative) will arrange a counselling interview between the employee and an appropriate member of staff, where an attendance trigger point has been met. 7.2 Reasons for absence will be clarified, any reasonable actions that may be taken will be identified and any adjustments to the employee record will be made 7.3 The employee will be given written confirmation of any actions to be taken and improvement targets set, where appropriate. 8 Occupational Health Referral 8.1 Referral to occupational health will be made in the following instances: absence which is attributed to a diagnosed underlying condition or where there are concerns of an underlying cause several absences being attributed to a single cause if further sickness occurs during a monitoring and review period during the first 4 weeks of continuous absence if early treatment might help after 4 weeks if there is no clear return to work date 8.2 The employee will be notified in advance of being referred to occupational health and the reason(s) for the referral. 8.3 Recommendations made in the occupational health report will be considered, discussed with the employee and, where reasonably possible, adopted. 8.4 Follow-up appointments with occupational health may be arranged. 9 Disability Discrimination Acts 9.1 Where an employee s illness falls within the confines of the Disability Discrimination Act 1995 (DDA) and the Disability Discrimination Act 2005 (DDA 2005), the school will make all reasonable adjustments as are practicable to enable the employee to continue in employment. 4

6 Appendix B Reporting and Recording Absence Reporting Absence All staff must report their absence before 7.00 am on the first day of absence. All staff must report their absence before 7.00 am on each subsequent day of absence. They must give a reason for their absence. For each period of absence from one to seven days a self-certification form must be completed and ed to the cover manager. If an absence is for longer than seven days, a Statement of Fitness for Work must be supplied. This will serve as notice of absence for the period of the certificate. Recording Absence All absences and reasons for absence will be recorded onto the school s management information system by the Headteacher (or the Headteacher s designated representative). Details of the information held will be discussed with the member of staff upon their return to work. This information will be made available to the member of staff, at their request. 5

7 Appendix C Leave of Absence This appendix is based on the London Borough of Barnet's published policy. However, it extends the provision made in that policy where shown with an *. No policy can cover all eventualities and it is recognised that requests may be made for leave not covered below. 1. Requests for Leave of Absence Any request for leave of absence must be submitted in writing to the Headteacher if possible at least 7 days prior to the request date. Leave of absence for appointments see below - should cover the time of the appointment and staff should be in school for the rest of the day. Any request for leave of absence will be answered in writing with reasons for refusal if it is not granted, and indicating whether it is paid or unpaid leave. 2. Absence from School 2.1 Anticipated absence: Permission for absence may be requested in writing from the Headteacher. If it is granted, teaching staff should set appropriate cover work to cover the period of absence. 2.2 Staff INSET: This must be booked through the Senior Teacher i/c INSET on the official form. For teaching staff, details of classes missed needs recording and permission may not be granted if this includes a significant number of examination classes. 2.3 Unexpected absence: If you are unwell please notify the school as early as possible and certainly by 7.00 am. For teaching staff, please arrange work for your classes and (or telephone) the work through to school. If you continue to be unwell please keep the school informed about your return date. 2.4 On return to work: all staff should follow the procedures outlined in Appendix E 3. Leave of Absence of Staff Attendance at Children's Functions* Staff may be granted leave to attend special events, functions etc. involving their own children for up to 4 teaching periods in any one year. (No distinction will be made as to whether these are teaching or non-contact periods.) Bereavement Leave Staff are entitled to one day with pay to attend the funeral of any relative or person with whom there has been a close relationship. Up to 5 additional working days may be granted with pay, depending on the individual reasons for such leave in each case. This can be extended under exceptional circumstances and factors, which may be taken into account in deciding the actual amount of leave to be granted, include: the closeness of the relationship the distance which would have to be travelled to attend the funeral (e.g. abroad) whether the member of staff is responsible for making funeral arrangements as next of kin or executor These factors should be included in the request for leave of absence. 6

8 Compassionate Leave In connection with the illness of a relative or person with whom there is a close relationship; compassionate paid leave of up to five working days may be granted. In exceptional circumstances this may be extended paid or unpaid at the discretion of the Headteacher. Provision for 'Compassionate Leave' is separate from 'Bereavement Leave'. Domestic Arrangements e.g. letting in the gas board - Where these are not emergencies this should be arranged out of school hours or by a third party where at all possible. When dealing with an emergency e.g. a burst pipe, time would be granted. Elections Special leave with pay will be granted to enable staff to undertake official appointments in connection with parliamentary and local elections within the authority. Approval is at the Headteacher's discretion and subject to the needs of the school. Holidays During Term Time/Late Return from Holiday Teaching staff, teaching assistants and staff on term time contracts are not allowed holiday leave during term time. Staff who are expected to work in the school holidays may negotiate to take their holidays during term time. Staff who are delayed in returning from leave/holiday through circumstances beyond their control, e.g. civil disturbance, transport strikes, illness/accident may be asked to produce written evidence of the reason for their late return. Illness of Children/Relative In emergency situations (e.g. where a member of staff's child is taken ill or if the person providing childcare is ill) immediate time is granted if there is no other emergency childcare available and all other possibilities have been exhausted. 1 day paid is allowed in relation to any one illness. The frequency of such absences may lead to a trigger point for action being met. In exceptional circumstances leave of absence may be extended. (Child is taken as anyone who needs either direct care (a young child) or support e.g. older child of the parent who is attending a medical appointment but when a parent needs to be present) INSET Delivery Staff may be granted leave with pay, at the Headteacher's discretion, in order to deliver INSET. Payment for such work must be to the school to cover supply costs. Interviews* Staff will be granted leave with pay for interviews, which are part of the formal selection process. Jury Service Staff receiving a summons to serve on a jury must report this to the Headteacher who will grant leave of absence unless exemption from jury service is secured. 7

9 Justices of the Peace Staff must consult the Headteacher and obtain permission before allowing their name to be considered in connection with appointment to the Bench. Once appointed, the number of paid working days leave granted to any one member of staff in any one school year must not exceed 12 days or 24 half days. Maternity Leave Maternity leave is granted in accordance with the School Teacher s Pay and Conditions Document ( Burgundy Book ) and the London Borough of Barnet s Maternity Leave guidelines. Members of Public Bodies and School Governors Leave to attend official duties will be granted as for JPs (see above). Moving Home A maximum of one working day's leave with pay is allowed in any school year. Parliamentary Candidacy Staff who are standing as candidates at either parliamentary or local elections may be given up to five working days paid to prepare for the election. Participation in Special Events* Where an individual has been invited to participate at a national or international level, up to 3 days paid leave will be allowed. Time needed beyond this will be given paid or unpaid at the Headteacher's discretion. Professional Qualifications One day s study leave is allowed for staff needing to prepare for examinations and another for actually taking the examination. These will be paid. Religious Holidays Leave of absence will be granted for official religious holidays and festivals, which fall within school time. Up to 3 days a year will be as paid leave (Barnet guidelines on number of days paid). Anything over this would be unpaid leave. This time cannot be taken in lieu for religious holidays i.e. the day(s) taken on a different day. Medical Appointments Staff wishing to attend medical appointments will normally be allowed the necessary time off with pay. Staff should make every effort, however, to arrange these after school hours. Paternity Leave Paternity leave is granted in accordance with the School Teacher s Pay and Conditions Document ( Burgundy Book ) and the London Borough of Barnet s Paternity Leave guidelines. Significant Events e.g. graduation, retirement etc.* One day's paid leave will be granted to staff attending their own, their child's or a close relative s graduation. Staff may also be granted leave of absence of one day for other similarly significant events (e.g. retirement) where these take place during school time. Teacher Exchanges/Secondments Requests to take part in teacher exchanges will be considered, on an individual basis, by the 8

10 Headteacher and Governing Body. Trade Union Duties Paid leave is allowed in order to carry out official union duties and will be granted in line with local and national agreements. Weddings* Staff are entitled to one day with pay to attend their own wedding or the wedding of a relative. In certain circumstances (e.g. where there is considerable distance to travel), at the Headteacher's discretion, a further day's unpaid leave may be granted. In certain circumstances (e.g. where there is a close personal relationship) one day's unpaid leave may be granted for attendance at any other wedding. Witnesses in Legal Proceedings Paid leave shall be granted where a member of staff is subpoenaed to be a witness in legal proceedings. A member of staff attending voluntarily as a witness in legal proceedings not connected with school business may be granted unpaid leave of absence. Other Leave Other leave may be granted at the discretion of the Headteacher within the guidelines for employees of the London Borough of Barnet. The noun 'relative' is used throughout in the conventional sense. It is accepted that there may be circumstances where a person can be considered as a relative without being so in a legal sense. 9

11 Appendix D Summary of Attendance Management Procedure Stage Informal attendance monitoring such as informal long term absence reviews Stage 1 Stage 2 Suggested timescale Up to a 6 month period Start of formal process Up to 6 months Up to a further 3-6 months Action Meetings with employee Formal absence meeting First formal evaluation meeting after 3 to 6 months or earlier if the trigger point has been reached. For long-term absence a review period of 4 weeks may be more appropriate. Formal ill health capability meeting Outcome Discussions to understand underlying reasons for absences and what help can be given for improving attendance and the wellbeing of the employee. For long-term sickness absence informal meetings held to discuss return to work. Where trigger point reached, consideration given to arranging formal Stage 1 meeting. Formal meeting arranged to review overall attendance record. Where reasons accepted, continue with informal attendance monitoring. Where reasons not accepted a first written warning should be issued in the form of an improvement notice. The plan must include individual trigger points and action that both the employee and the school can do to improve attendance. Where attendance has risen to an acceptable level the procedure ends. Where there has been insufficient improvement in attendance, consideration should be given to issuing a final written warning for review in 3 to 6 months. Where no improvement has been made, there are no acceptable reasons for the poor attendance and/or the trigger has been reached, consideration should be given to progressing directly to Stage 2. Formal meeting arranged to review overall attendance record. Where reasons accepted, continue with improvement notice within Stage 1 of the procedure. Where reasons for poor attendance are not accepted and/or there has been insufficient increase in attendance, dismissal and action short of dismissal will be considered. Stage 3 Appeal Appeal heard. Possible outcomes include upholding original decision or moving back to Stage 1 and a further improvement notice. 10

12 Appendix E Short Term/Non-Continuous Absence Return to Work Interviews All staff who have been absent will be required to attend a return to work interview with the Headteacher (or the Headteacher s designated representative), who will establish: that the employee is fit to return to work the reason for and cause of absence that the employee has provided the correct certification if there is anything the school can do to support the employee Occupational Health Referral Referral to occupational health will be made in the following instances: absence which is attributed to a diagnosed underlying condition absence which has not been diagnosed, but where there are concerns of an underlying cause several absences being attributed to a single cause if further sickness occurs during a monitoring and review period The employee will be notified in advance of being referred to occupational health and the reason(s) for the referral. Recommendations made in the occupational health report will be considered, discussed with the employee and, where reasonably possible, adopted. Follow-up appointments with occupational health may be arranged 11

13 Appendix F Long Term/Continuous Absence Interim Interview(s) The Headteacher (or the Headteacher s designated representative) will discuss the employee s progress and strategies recommended by occupational health for return to work. Should a phased return to work be recommended, this will be agreed with the Headteacher (or the Headteacher s designated representative). Support, agreed by the Headteacher (or the Headteacher s designated representative), will be put in place. Any variation to standard work patterns, will be put in writing to the employee by the Headteacher (or the Headteacher s designated representative) and relevant school staff will be notified. Occupational Health Referral Referral to occupational health may be made in the following instances: absence which has not been diagnosed, but where there are concerns of an underlying cause during the first 4 weeks of continuous absence if early treatment might help. after 4 weeks if there is no clear return to work date The employee will be notified in advance of being referred to occupational health and the reason(s) for the referral. Recommendations made in the occupational health report will be considered, discussed with the employee and, where reasonably possible, adopted. Follow-up appointments with occupational health may be arranged. Return to Work Interviews All staff who have been absent will be required to attend a return to work interview with the Headteacher (or the Headteacher s designated representative), who will establish: that the employee is fit to return to work the reason for and cause of absence that the employee has provided the correct certification if there is anything the school can do to support the employee Should a phased return to work be recommended, this will be agreed with the Headteacher (or the Headteacher s designated representative). Support, agreed by the Headteacher (or the Headteacher s designated representative), will be put in place. Any variation to standard work patterns, will be put in writing to the employee by the Headteacher (or the Headteacher s designated representative) and relevant school staff will be notified. 12

14 Appendix G Sick Pay Entitlement Headteachers and teachers Teachers sick pay is based on a teacher s length of service and is determined by the provisions within the Burgundy Book as amended by the London Borough of Barnet, a summary of which is detailed below. During the first year of service During the second year of service During the third year of service During the fourth and subsequent years Full pay for 25 working days and after completing four calendar months of service, full pay for 50 working days Full pay for 75 working days Full pay for 115 working days Full pay for 150 working days In very exceptional circumstances, when a teacher has been on long-term sick leave and their sick pay expires, the governing body, together with the Headteacher, may agree an extension of sick pay for a specific period. This would normally only be appropriate in cases of severe hardship. Associate staff Sick pay for associate staff is based on length of service and is determined by the provisions within the Green Book. It should be noted that service can only be aggregated where there is less than 12 months between periods of service. During the first year of service During the second year of service During the third year of service During the fourth and fifth years of service After five years service 1 month full pay and, after completing 4 months of service, 2 months of half pay 2 months of full pay and 2 months of half pay 4 months of full pay and 4 months of half pay 5 months of full pay and 5 months of half pay 6 months of full pay and six months of half pay 13

15 Appendix H Sample Improvement Notice Example of first written warning or final written warning Date Dear You attended an ill health meeting on I am writing to inform you of your written warning/final written warning. * This warning will be placed in your personal file but will be disregarded for disciplinary purposes after a period of 12 months, provided your attendance reaches a satisfactory level. a) The nature of the unsatisfactory attendance was: (e.g.: 3 absences totalling 11 days from 17 May 2010 to 8 October 2010) 17 May 20 May 4 days headache self-certified 21 July 23 July 3 days headache self-certified 4 October 7 October 4 days flu self-certified b) The attendance improvement expected and agreed actions are: to have fewer than 3 periods of absence in the next six month period to see your optician within the next two weeks to have your eyes tested because you think your eyesight may be causing you to have headaches to be referred again to the Occupational Health Service to discuss whether the annual flu jab will help keep you free from flu over the winter period. c) The timescale within which the improvement is required is from the date of this letter until 28 April d) The likely consequence of insufficient improvement is: final written warning/dismissal. * Yours sincerely Headteacher *The wording should be amended as appropriate 14