Policy Name: SICKNESS ABSENCE POLICY AND PROCEDURES FOR SCHOOL BASED STAFF. Version: November 2009. Approved By: Date Approved:

Policy Name: SICKNESS ABSENCE POLICY AND PROCEDURES FOR SCHOOL BASED STAFF Version: November 2009 Approved By: Date Approved: Review Date: November 2010 1

SICKNESS ABSENCE - POLICY AND PROCEDURES 1 Introduction 1.1 High levels of staff attendance at work are a vital factor in the effective and efficient operation of a school. High levels of attendance make it easier to plan and provide quality services to our pupils and parents and help to achieve high morale amongst our employees. Low levels of attendance result in poor service provision and low morale. 1.2 The Council has produced and agreed upon this policy and procedure document to encourage high attendance and the proper management of sickness absence. It is based on recognition that: (a) (b) (c) (d) (e) best results are likely to be achieved where employees, unions and management are committed to occupational health; employees are entitled to expect fair treatment; Headteachers are equally entitled to be firm in dealing with abuse of sick pay entitlements; the basis for good management practice is prompt and comprehensive information about sickness levels, trends and problem areas and a thorough understanding by employees of the school s policies and procedures; effective support arrangements around employee health and well-being are central considerations of a successful Sickness Absence Policy. The Sickness and Absence Policy and Procedures should not be considered in isolation from other human resource policies that can provide a positive contribution toward the effective management of staff absence. Namely, these policies include: Policy Statement on Harassment at Work Alcohol and Substance Use Policy and Guidance for Managers Managing Pressure at Work Rehabilitation and Retention Policy Access to Work Scheme Domestic Abuse Policy 2 Policy 2.1 The Council s policy on sickness absence may be summarised as follows: 2

(a) (b) (c) (d) The Council is committed to meeting and where practical, exceeding its obligations as an employer to provide a healthy and safe working environment for its employees; The Council will utilise the specialist skills and services at its disposal, specifically those of the Head of Strategic HR, the Occupational Health Physician and Occupational Health Advisor, and any other staff care initiatives available at the time both to meet the above commitment and accommodate the individual illhealth circumstances of employees; The Council accepts and supports the entitlements (these entitlements vary according to employment status) to paid sickleave contained within the national conditions of service of its employees, The Council recognises that paid sick-leave entitlements unavoidably impose a cost on its schools which must be: (i) (ii) budgeted for; and controlled by effective procedures that prevent abuse. (e) The Council recognises its statutory obligations in employment in relation to the Disability Discrimination Act and its responsibilities to make appropriate reasonable adjustments to ensure disabled people are not discriminated against within the workplace. 3 Procedures 3.1 The procedures by which this policy will be implemented in relation to the notification and certification of sickness absence and the control of self certified sickness absence are attached as Appendices to this document as follows: Notification and Certification of Sickness Absence Control and Management of Self Certified Sickness Absence Management of sickness absence in food handlers Return to work interview form Appendix I Appendix II Appendix III Appendix IV 3.2 Sickness absence certified by a doctor cannot always be considered within a rigid procedure. Each case must be considered on its merits and the Council accepts that when its employees suffer serious illness they should enjoy the financial security to which they are contractually entitled within their national conditions of employment. 3.3 Nevertheless, sickness absence whether justified or not imposes a cost upon a school which must be budgeted for. Effective control of the abuse of sick pay entitlements means that a school can more easily cover the cost of long-term and/or serious illness. 3

3.4 This being the case, the following general procedure will be applied to employees absent through verified sickness absence: (a) (b) (c) (d) (e) (f) After two weeks absence the employee should be contacted by his/her Headteacher to discuss the nature of and likely duration of the illness. This discussion should also refer to any assistance that can be provided to enable a return to work; All cases of stress / anxiety / depression to be referred by the Headteacher to Education HR on 7 th day of absence as per Health and Safety Executive guidance. Referral can be made to Occupational Health on 4 th absence, or on 10th day of absence; After one month s absence the employee will be offered by the Headteacher or his/her representative in consultation with Education HR for further discussion as outlined above. Where absence continues contact will be maintained at monthly intervals by the Headteacher or his/her representative for further discussion as outlined above; When it is believed that the absence will be for an extended period, the employee will be referred to Occupational Health by the Headteacher to establish if there are potential actions that may assist in an effective return to work. In appropriate circumstances where it would appear that no interim intervention is possible the Occupational Health Adviser will refer the employee to attend a consultation with the Council s Medical Adviser to obtain his/her opinion upon the implications of the illness; Having regard to the opinions of the Occupational Health Adviser and the Medical Adviser, a course of action will be reviewed by the Headteacher in consultation with Education Human Resources, which will then be agreed with the employee and, if required, by the school governing body. Comment [11]: Comment [12]: 4 Monitoring 4.1 To ensure that the school s policy is applied effectively it is essential that effective monitoring procedures exist which can be used to identify trends and to enable internal and external comparisons. 4.2 Details of individual sickness absence for the purpose of monitoring selfcertified absence will be kept by the school and Education HR via the TRENT system and made available to Headteachers on a quarterly basis or more frequently where individual circumstances require it. 4.3 Information on the Education Service (including schools) sickness absence levels will be produced by Education HR on a quarterly basis for the Executive Member Resources. Headteachers are required to present similar information to their governing body s on a quarterly basis. It is also suggested that sickness management and performance 4

should be a matter for discussion by senior managers and pertinent Trade Union officers. 5 Medical Examinations 5.1 The policy and procedures set out above allow for the expert advice of the Council s Occupational Health Adviser and Consultant Occupational Health Physician. 5.2 This advice itself carries a cost which is incurred regardless of whether an appointment is kept unless at least 7 working days notice of inability to attend is provided. To avoid unnecessary costs arising: - (a) (b) (c) all referrals will be discussed with the employee by the Headteacher or delegated officer in their absence. All occupational health referrals will be submitted to Education HR on the appropriate form. all appointments will be notified to employees in writing by the nominated officer on behalf of the Head of Strategic HR; employees who fail to keep appointments without notice and for no valid reason will bear the cost of the appointment by an agreed process of recovery. 6 Relationship with the Rehabilitation and Retention Policy and Disability Anti-Discrimination Legislation 6.1 Under the employment provisions of the Disability Discrimination Act, it is unlawful for an employer to discriminate against a disabled person: (i) (ii) (iii) (iv) in terms of employment which he affords him/her; in the opportunities which he affords him/her for promotion, a transfer, training or receiving any other benefit; by refusing to afford him/her, or deliberately not affording him/her, any such opportunities; or by dismissing him/her, or subjecting him/her to any other detriment. 6.2 The Act defines a disabled person as someone with a physical or mental impairment which has a substantial and long term adverse effect on his/her ability to carry out normal day to day activities. 6.3 As part of their duties under the Act, employers may have to make reasonable adjustments if their employment arrangements or premises place disabled people at a substantial disadvantage compared with nondisabled people. 6.4 Guidance is contained within the Rehabilitation and Retention Policy on issues relating to making reasonable adjustments for disabled employees. Further advice and support is available from the 5

Occupational Health Adviser and the Equalities & Social Justice Team in relation to specific actions and resources that are possible to assist an individual in the workplace and the extent of our obligations as an employer in relation to disability issues. 6

APPENDIX I NOTIFICATION AND CERTIFICATION OF SICKNESS ABSENCE You may not be entitled to claim payment during any period of absence from work due to sickness unless: 1. You or your next of kin must notify by telephone your Headteacher or nominated officer (in the Headteacher s absence) no later than 1 hour of normal commencement of school that you are unfit for work or in accordance with instructions given to you by your Headteacher. Text messages and emails are not acceptable forms of communication for sickness notification. Your school administrator may give you the number of the Absence from Work Self-Certification Form which will apply to your period of absence. 2. You must notify by telephone your Headteacher or nominated officer (in the Headteacher s absence) during working hours on the fourth working day of absence that you remain unfit for work. 3. You must obtain a Medical Certificate specifying the reason for your absence and submit to your Headteacher no later than your eighth day of absence. This will include Saturdays and Sundays. 4. If your absence continues you must submit Medical Certificates to your Headteacher specifying the reason for your absence. This is to ensure that on any day of absence beyond seven days your Headteacher has in his/her possession certification of the reason. 5. When you are fit to return to work you must be signed fit by your General Practitioner. You will also liaise with your Headteacher and complete the Absence from Work Self-Certification Form Your Headteacher will also make arrangements with you for a return to work interview. Comment [j3]: NOTES: 1. If your period of absence involves either a first Medical Certificate of more than fourteen days duration or the submission of more than one Medical Certificate you must, before returning to work, obtain a final certificate from your doctor that you are fit to return to work and hand this to your Headteacher or school administrator when you return. 2. The purpose of the return to work interview is to: Confirm that you are fully recovered; Provides an opportunity to emphasise the importance of your role in the school and the effect your absence has had on the workplace; It is accepted that there may be circumstances when the nature of your illness may make it preferable for the interview to be conducted by a person of the same gender, appropriate arrangements will be made in such circumstances; Identify the reasons or the period of absence; 7

Establish whether or not there are any underlying problems, and what can be done to help alleviate any problems; Determine whether there is a common reason to any intermittent periods of absence; Updating of personal records; 3. Non-compliance of the notification procedure and non-submission of medical certificate(s) may result in disciplinary action due to unauthorised absence. Sick pay may also be withheld. 4. It is a requirement of the sickness absence management and monitoring procedure that a record of all return to work interviews is maintained. 5. Recording and monitoring the attendance of all employees is very important, to allow early identification of an employee whose level of attendance has become unacceptable and requires further attention. Where this is the case, you may be referred to the Council s Occupational Health Adviser for a medical opinion. MANAGEMENT OF SELF-CERTIFIED SICKNESS ABSENCE APPENDIX 2 8

The following procedure is intended to provide a framework, by which Self- Certified Sickness Absence will be assessed and managed: (a) (b) (c) Employees will be required to self-certify their sickness level from the first day and up to the seventh day. A doctor's medical certificate will be required from the eighth day. Headteachers have a duty of care to enquire of the employee's health following a period of absence to review the reason for absence in relation to their previous record of attendance and will undertake a return to work discussion in accordance with the return to work procedure. It is considered good practice to meet staff upon their return to work. Similarly, it is courteous for staff to inform their Headteacher of their return upon arrival at work. Headteachers are to review absence through sickness every month or more frequently when the individual circumstances require it. The Occupational Health Adviser will also run monthly self - certified sickness absence reports. An employee could if appropriate be asked to attend occupational health for advice and support Comment [j4]: Comment [j5r4]: d) Employees who have had four or more days or occasions of selfcertified absence in any six month period or ten or more days in any 12 month period or any other patterns e.g. frequent absenteeism on a Friday and/or Monday may be interviewed by the Headteacher in the interests of the individual where the explanation of absence given on the "Absence from Work - Self-Certification Form" is not satisfactory. (d) (e) NB If the Headteacher is still dissatisfied with the level of sickness absence following the interview, the employee will be advised that if no improvement is achieved he/she will be referred to Occupational Health, to establish whether there is an underlying medical condition, discussion of support required for there to be an improvement; If no improvement is achieved the employee will be referred to Occupational Health. If the advice of the Occupational Health Adviser or Physician, after consultation with the employee s General Practitioner (where necessary), is that there is no underlying medical reason for the employee s level of absence the Headteacher, in consultation with Education HR, will give the employee a First Written Warning under the school s Disciplinary Procedures for School Based Employees. The First Written Warning will also inform the employee that if there is no improvement in his/her level of Self Certified Absence sickness payments may be withheld and further action taken under the Disciplinary Procedure. Difference of medical opinion between the Council s Consultant Occupational Health Physician and the employee s GP will be resolved as provided for within the appropriate national Conditions of Service. 9

MANAGEMENT OF SICKNESS ABSENCE IN FOOD HANDLERS APPENDIX 3 The following procedure is intended to provide a framework by which Sickness Absence due to Sickness, Nausea, Diarrhoea and/or vomiting will be assessed and managed: a) Definition of a food handler Employees are classified as a food handler if they fall into either of the following categories: employed directly in the production and preparation of foodstuffs in the manufacturing, catering and retail industries; anyone who may touch food contact surfaces or other surfaces in rooms where open food is handled. This is because they can also contaminate food by spreading bacteria for example to surfaces that food will come into contact with, e.g. work tops and food packaging before it is used. They can also contaminate other surfaces such as door handles which can then contaminate the hands of people who handle food directly for example; or undertake maintenance or repair of equipment in food handling areas. Food handling involves all aspects of treating and storing food from receipt of raw materials to the delivery of the final prepared product. b) Symptoms Symptoms of infection, which could be transmitted to food, include: Diarrhoea (with or without blood) Abdominal cramps or pain Nausea Vomiting Fever. c) Employees responsibilities: Reporting infectious or potentially infectious conditions to your line manager. Inform your manager and leave the food handling area immediately if suffering with vomiting or diarrhoea. Inform your manager and your occupational health department if there are any changes to your health during your employment. It is reasonable to presume that a single bout (e.g. one loose stool) or incidence of vomiting is not infectious if 24 hours have elapsed without any further symptoms and this is not accompanied by fever. In this case, as long as there is no other evidence to suggest an infectious cause, the person would only pose a very low risk of being infected and could resume work before the 48-hour limit. 10

Once symptom free for 24 hours, food handlers may return to NON-FOOD HANDLING duties only, for a period of 48 hours. Three or more loose stools in 24 hours is a very general indication of diarrhoea that may be infectious, but this can vary. If this is not followed by any more symptoms or further diarrhoea then it is not likely to be infectious. Employees who suffer more than 3 bouts diarrhoea, vomiting or fever in 24 hours should refrain from work for 48 hours after symptoms subside and be assessed by the occupational health department or family doctor before returning to work. Headteachers must notify Occupational Health when an employee has notified them of symptoms of infection, the employee will be issued with an information leaflet. Appendix 4 11

abcde RETURN TO WORK INTERVIEW School: Name: Post Title: Location: Payroll No: Absence Dates to Total sickness absence in last 12 months days The purpose of the return to work discussion is to provide support to staff when they return to work following a period of following sickness leave. It also provides guidance to Headteachers as to how best to support the employee on their return to the workplace. The discussion forms part of the school s sickness absence policy and procedure and provides those who are returning an opportunity for counselling where necessary. Welcome employee back to work, advise they have been missed and enquire whether they have recovered from their recent illness. (a) What was the reason for the absence? (b) (c) How long was the employee absent from work? days Were there any difficulties experienced in reporting their sickness absence in order to comply with the notification procedure? Yes/No (if yes, please state reason(s) and indicate what action has been taken) (d) (e) Was this absence related to a previous absence? Yes/No (if yes, please give date/nature of previous absence(s)) Did the absence occur as a result of an accident or injury at work? Yes/No (if yes, please give details) (f) Is there any likelihood of a recurrence? Yes/No (g) Did the employee seek advice from their Doctor/Consultant Yes/No (h) Was the employee prepared to inform you of the advice given? 12

If so, what was the advice? (i) Does the employee require further medical treatment? (j) Did the Doctor/Consultant give any advice in respect of the employee s work / work pattern? (k) Are there any underlying problems relating to the absence (personal, work or domestic) and can any assistance be given to the employee by the Headteacher/Education Service/Occupational Health Adviser/Physician or some other agency? (l) What advice/support has been given/offered to the employee? (m) Is there any further action required? We agree that this accurately reflects our meeting Signed: Date: (Headteacher) Signed: Date: (Employee) 13