Sickness Absence Management Procedure A Model for Schools & Academies

Sickness Absence Management Procedure A Model for Schools & Academies First issue: June 2001 1

Changes October 2010 This procedure has been re-formatted and reduced where possible. Significant changes are detailed below: Item no Heading Change details General & 4.2, 4.3 & 4.8 FIT Notes References to new FIT notes which replace doctors certificates 3. Roles & Responsibilities Clarification of roles in relation to warnings, dismissals & appeals 4.1.4 Employees who fall sick Update based on case law. during annual leave 4.4.2 Sick pay Clarification on definition of continuous service for sick pay 4.8 Reasonable adjustments Updated text 5. Frequent short term Revised procedures absence procedure 7.2 Support Staff 3 tier ill health retirement procedure New section inclusion of the 3 tier procedure This Essex County Council Model Policy was originally created in June 2001 and this issue was released in : School Staff were consulted on this document and it was accepted by the Personnel committee on : It was ratified by the Governing Body on : October 2010.. Sickness Absence Management Procedure A Model for Schools & Academies Published by: Essex County Council HR Service, County Hall, Chelmsford, Essex Essex County Council, HR Service October 2010 Copies may be made without prior permission by any establishment purchasing this model procedure from Essex County Council provided such copies are used solely with that establishment and acknowledgement is given. For copying or use in any other circumstances, prior written permission must be obtained from the County Council. Further copies may be obtained from: Essex County Council HR Service County Hall, Chelmsford, Essex CM1 1QH First issue: June 2001 2

Contents Page No 1. Introduction... 5 1.1 Policy statement... 5 1.2 Communication... 5 1.3 Definition of short term and long term absence... 6 2. Scope... 6 3. Roles and responsibilities... 6 4. The procedure... 8 4.1 Reporting sickness absence... 8 4.1.1 When to report sickness absence... 8 4.1.2 To whom sickness absence should be reported... 8 4.1.3 When to report... 8 4.1.4 Sickness and annual leave / closure periods... 8 4.2 Sickness certification... 9 4.2.1 Local Government Services and other support staff... 9 4.2.2 Teaching Staff... 9 4.3 Returning to work... 9 4.3.1 Fitness to return to work on a bank holiday or during a closure period... 9 4.3.2 Return to work meeting... 9 4.4 Sick Pay allowances... 10 4.4.1 Teaching staff... 10 4.4.2 Local Government Services staff... 10 4.4.3 Staff on other conditions of service... 11 4.4.4 Extensions to sick pay... 11 4.4.5 Accidents at work... 11 4.4.6 Third party accident compensation claims... 11 4.5 Medical screening... 12 4.6 Medical referral... 12 4.6.1 Co-operating with a referral to an Occupational Health Adviser... 12 4.7 Medical suspension... 12 4.8 Reasonable adjustments... 12 4.8.1 Pay during reasonable adjustments... 13 4.8.2 Longer term adjustments... 14 4.9 Time off for other reasons... 14 4.10 Misconduct... 14 4.11 Drug and alcohol misuse... 14 4.12 Sickness absence recording... 15 5. Frequent short term sickness absence... 15 5.1 Informal procedure... 15 5.1.1 Informal stage... 15 5.1.2 Referral to an Occupational Health Adviser... 16 5.2 Formal procedure... 16 5.2.1 Formal absence review meeting... 16 5.2.2 Formal action... 16 First issue: June 2001 3

6. Long term sickness absence... 17 6.1 Referral to an Occupational Health Advisor... 17 6.2 Review meetings... 17 6.3 Returning to work... 18 6.4 Formal action... 18 7. Ill health retirement... 18 7.1 Teaching staff... 18 7.2 Support Staff... 19 Appendices: Appendix A Self certificate form... 21 Appendix B Return to Work form... 23 Appendix C Referral to occupational health employee information sheet... 25 Appendix D Sickness absence management procedure A brief guide for staff... 27 First issue: June 2001 4

Sickness Absence Management Procedure 1. Introduction This Procedure sets out the obligations and entitlements of employees who are absent due to ill-health and the procedures that will be followed to support and manage sickness absence. 1.1 Policy statement The Governing Body is committed to promoting good health and wellbeing amongst all of its staff and recognises its statutory responsibilities in relation to health and safety and the Equalities Act 2010. The sickness absence management procedure balances the needs of the school / academy with the interests of individual employees. It is based on the following principles: To achieve a high level of attendance To provide a safe and healthy environment where employees feel that their contribution is valued To treat all staff with dignity and sensitivity, fairly and consistently To minimise disruption to the operation of the school / academy and reduce additional staffing costs To maintain adequate sickness absence monitoring procedures and records To distinguish between genuine sickness absence issues and issues of competence and conduct and address these in a fair manner To ensure all staff are aware of the procedure for managing sickness absence 1.2 Communication Communication is key to effective absence management. Employees will be expected to keep in regular contact with the school, through third parties if necessary, to provide information about their absence, the school/academy will maintain contact with employees to support and inform them of key work issues during the absence, and facilitate an early return where possible. The degree and nature of the contact will depend upon the nature of the ill health and will be supportive and constructive. Particular consideration will be given First issue: June 2001 5

to the nature and content of any contact with the employee in cases where the absence is due to stress. 1.3 Definition of short term and long term absence Frequent short-term sickness absence will normally be defined as: Three periods of absence in one term, or Unacceptable patterns of absence, for example regular Monday or Friday absence. Long term absence will normally be defined as an absence which has or may last for 4 weeks or more. 2. Scope This procedure is applicable to all staff employed at the school / academy except those who have not completed a probationary period. While the principles will apply to this category of staff, it may be necessary to foreshorten the procedure in keeping with the particular circumstances of employment. 3. Roles and responsibilities 3.1 It is the responsibility of the Governing Body to: Monitor and review policies and procedures which safeguard the health, safety and welfare of staff and ensure they are implemented in a fair and reasonable manner Depute a governor to implement the absence management procedures in the case of the absence of the head teacher / principal Establish an appeals committee as required Take emergency action (e.g. suspend from duty) when they consider a head teacher / principal may have become medically incapable to perform his /. her duties Ensure managers have sufficient interpersonal skills and procedural knowledge to deal with absence issues First issue: June 2001 6

3.2 It is the responsibility of the head teacher / principal and other line managers to: Ensure that full attention is given to staff health, safety and welfare and to develop systems of work to minimise ill health and consequent absence Ensure pre-employment health checks are carried out Monitor and regularly review levels of absence and take action as appropriate Provide statistics on absence levels to the local authority / department for education as required Ensure employees are aware of absence management procedures, including reporting requirements Implement the absence management procedures fairly, sensitively and confidentially Make initial decisions related to warnings and dismissals Keep in regular contact with the employee to provide support, obtain information about their health and keep them up-to-date on key work issues 3.3 It is the responsibility of all staff to: Safeguard and maintain their own health and attend work for work when fit to do so Ensure medical advice and treatment, where appropriate, are received as quickly as possible in order to facilitate a return to work Co-operate with referrals to an occupational health adviser as required Comply and co-operate with the absence management procedure Inform their line manager in general terms of any health issues including the effects, prognosis and developments that impact on their ability to perform their normal duties Keep in touch, as appropriate, with their designated contact during periods of absence. 3.4 Other parties may have a role within sickness absence management, for example Occupational Health Service, other medical advisers (for example consultants, GPs, specialists) First issue: June 2001 7

HR Consultants Trade Unions / Professional Associations Specific roles and responsibilities are outlined in this procedure. 4. The procedure 4.1 Reporting sickness absence A leaflet summarising the procedures for staff is available at Appendix D. 4.1.1 When to report sickness absence The employee must make contact with their line manager as soon as possible on the first day of the absence. Wherever possible, contact should be made by the employee on the telephone as early as possible on the first day of sickness. Further contact must be made on the fourth day and seventh day of absence and further regular contact must be maintained with the line manager, and thereafter to inform about progress and likely duration of absence. 4.1.2 To whom sickness absence should be reported To the line manager for example, head teacher, deputy head teacher / principal or other member of senior staff. 4.1.3 When to report When contacting the school, the employee is responsible for reporting the following information: The nature of the illness and its likely duration Any work matter that needs attention during the absence The first day of illness If the absence results from an accident at work, this should be reported immediately, together with details to whom the accident was initially reported. 4.1.4 Sickness and annual leave / closure periods Where an employee falls sick on a bank holiday or during a period of annual leave or closure period, they must report the sickness immediately or as soon as contact can be made with the school. Normal certification requirements apply during these periods. Statutory annual leave entitlements continue to accrue during periods of sickness and will First issue: June 2001 8

be reimbursed where appropriate on return, or on leaving if an employee does not return to work. 4.2 Sickness certification Fit Notes must be provided in accordance with statutory and contractual requirements below. An employee is expected to return to work at the expiry of a fit note, unless a further note is obtained. It is open to an employee to return to work prior to the expiry of a fit note if they, and the school, consider this to be appropriate. 4.2.1 Local Government Services and other support staff A self-certification form (Appendix A) must be provided from day one of the absence and thereafter to cover up to and including the seventh calendar day of absence. A fit note will be required from the eighth calendar day onwards. 4.2.2 Teaching Staff A self-certification form (Appendix A) must be provided from the fourth calendar day and thereafter to cover up to and including the seventh calendar day of absence. A FIT note will be required from the eighth calendar day onwards. 4.3 Returning to work Where practicable, one day s notice should be given of fitness to return to work. An employee will be expected to return to work immediately following the expiry of a FIT note, unless a new note is obtained. It is open to an employee to return to work before the expiry of a FIT note if they feel able to do so. However, any such intention must be discussed with the line manager prior to return, who may carry out a risk assessment where appropriate, and only where the manager is also satisfied as to the employee s fitness, may the employee return early. 4.3.1 Fitness to return to work on a bank holiday or during a closure period Where an employee becomes fit to return to work during a closure period, contact must be made with the school/academy by contacting the line manager, or where not possible, leaving a message on the answer phone, to inform of the day they are fit to return to work. 4.3.2 Return to work meeting A return to work meeting will normally be conducted by the line manager on an employee s return to work following any period of absence. The purpose of this meeting is to update the employee on work related matters and to identify any additional support that may be required. A return to work form is available at Appendix B. First issue: June 2001 9

4.4 Sick Pay allowances Details of any entitlement to contractual sick pay are set out in the contract of employment but are set out below. Subject to service and earnings qualifications, staff may also have an entitlement to Statutory Sick Pay, which will be included in their contractual sick pay where appropriate. The scale of contractual allowances is as follows for full-time staff (pro-rata for part-time staff). 4.4.1 Teaching staff During the first year of service: During the second year of service: Full pay for 25 working days and (after completing four calendar months service) half pay for 50 working days. Full pay for 50 working days and half pay for 50 working days. During the third year of service: Full pay for 75 working days and half pay for 75 working days. During the fourth and successive years service: full pay for 100 working days and half pay for 100 working days. For the purpose of the contractual sick pay scheme, service includes all aggregated teaching service with one or more local education authorities. 4.4.2 Local Government Services staff During the first year of service: During the second year of service: During the third year of service: During the fourth year of service: After 5 years service: Full pay for 1 month and (after completing four months service) half pay for 2 months. Full pay for 2 months and half pay for 2 months. Full pay for 4 months and half pay for 4 months. Full pay for 5 months and half pay for 5 months. Full pay for 6 months and half pay for 6 months. For the purpose of the contractual sick pay scheme, service refers to continuous service with any public authority to which the Redundancy Payments Modification Order (local Government) 1983 (as amended) applies. The sick pay entitlement is calculated based on the length of service the employee has accrued when the sickness absence commenced. First issue: June 2001 10

4.4.3 Staff on other conditions of service Staff on local conditions of service may have an entitlement to contractual sick pay and should refer to their contract of employment. 4.4.4 Extensions to sick pay The Governing Body will consider any requests for an extension to sick pay on a case by case basis. 4.4.5 Accidents at work Support staff - where an employee suffers an accident, injury or assault arising out of, or in the course of employment, will be paid a sum equivalent to their sick pay entitlement and this period shall not count against their sick pay entitlement. Where the employee exhausts their injury at work entitlement and are still absent from work due to the injury, then they will receive no further pay. They would however be entitled to sick pay under the sickness scheme if they are absent at a later date, as long as it does not relate to an injury at work. Teaching staff - where a teacher suffers an accident, injury or assault arising out of, or in the course of employment, they will be entitled to full pay for a period not exceeding 6 months. Where the teacher remains absent beyond 6 months, they will then be entitled to their normal sick pay entitlement as determined by their length of service and any previous sickness absence. In each case, there can be more than one absence if it relates to the same injury/accident. It is advised that medical advice is sought from the Occupational Health Service. Either a new referral should be made or a review meeting requested asking specific questions regarding the injury/accident. There is no timeframe when an absence can be recorded as a result of the injury/accident at work if it is determined that it related to the same injury/accident and does not exceed the pay periods above. All accidents or injuries at work should be recorded through the accident reporting procedure. 4.4.6 Third party accident compensation claims Where employees are absent as the result of an accident for which damages may be recoverable from a third party, they must inform their line manager as soon as possible. First issue: June 2001 11

The employee may recover all or a proportion of the costs of sick pay / accident pay from the damages received by the employee. 4.5 Medical screening As part of the pre-employment checks, all candidates will be required to complete a preemployment medical screening questionnaire. In some cases, a review with the Occupational Health Service may be necessary to ensure their fitness to carry out the duties of their role and/or to assess reasonable adjustments to facilitate this. 4.6 Medical referral The school may, as appropriate, require a referral to an Occupational Health Advisor where an employee s absence or other issues indicate a potential health concern. In these circumstances, the employee will be advised of the process and the reasons for the referral. Details of the referral process are available at Appendix C. This guidance applies to the ECC Occupational Health service. Other occupational services may operate differently. 4.6.1 Co-operating with a referral to an Occupational Health Adviser Employees are obliged to attend appropriate appointments with an Occupational Health Adviser. Where an employee refuses to consent to the Occupational Health Adviser contacting their GP, decisions, which may have implications for their future employment, will be taken on the basis of limited information available. 4.7 Medical suspension In certain circumstances, where it is felt that an employee is not fit to attend work, the head teacher/principal or chair of governors may suspend an employee on medical grounds. Any suspension will be on full pay or sick pay where the employee is on, or enters, a period of certificated sick leave. Suspension will be lifted, where appropriate, by the Governing Body only after advice has been sought from an Occupational Health Adviser. 4.8 Reasonable adjustments An important element of managing health and disability issues is the need to explore reasonable adjustments/alternative employment, and these options will be discussed with employees as necessary with a view to facilitating continued employment and/or an early return to work. These issues may be addressed as part of the general management of ill health matters and/or in the light of recommendations made by a GP on a Fit Note or by an Occupational Health Advisor. First issue: June 2001 12

Reasonable adjustments may include: A. Phased return to work A gradual increase over a defined period of time, in the intensity of work duties or working hour. B. Altered hours A change to the hours worked e.g. a later start time. This does not necessarily mean working fewer hours. C. Amended Duties An amendment to duties to take account of a medical issue. D. Workplace Adaptions A workplace is adapted to take account of a medical issue for example, adapted specialised equipment, changed location of work. Adjustments to facilitate an early return to work will be for a limited period which will be specified and which will usually not exceed 6 weeks. The advice on Fit Notes or from Occupational Health Advisors is not legally binding and it will be for the employer and employee to discuss how to act on this advice. Where reasonable adjustments cannot be accommodated the employee will be deemed to be off sick for the duration of the Fit Note. It is not necessary for an employee to obtain a new Fit Note until the expiry of the original. 4.8.1 Pay during reasonable adjustments Where an employee returns on reduced working hours for a limited phased return, they will receive normal pay for the time worked. For any normal hours not worked, SSP and contractual sick pay will be paid in accordance with the individual s outstanding sick pay entitlements. If an employee returns to work on their normal hours but carry out partial duties, they will receive full normal pay for the agreed period. Any period of phased return that is connected to the previous period of sickness is considered part of that sickness absence. First issue: June 2001 13

4.8.2 Longer term adjustments If the employee cannot return to their full normal duties within a reasonable period, there will need to be a discussion about the long term effects of their health condition on their job, taking into account responsibilities under the Equalities Act 2010. Temporary or permanent changes to the contract may need to be made and this will be discussed with the employee, with advice where appropriate from Occupational Health and Human Resources. 4.9 Time off for other reasons As part of its commitment to supporting the health and wellbeing of employees, a Leave of Absence Procedure sets out the approach to leave of absence for reasons other than sickness. Employees should normally arrange non-urgent personal medical appointments for the doctor, dentist, hospital, clinic (for example ante-natal) and elective procedures, outside of their normal working time wherever possible. However, where this is not possible and in urgent cases, requests for leave will be considered sympathetically on a case by case basis. Employees must not claim sick leave for reasons other than their own ill health. Such claims may constitute a disciplinary offence. 4.10 Misconduct Incidents of failure to comply with the requirements of the sickness absence management procedure and/or the submission of false sick claims may be investigated under the disciplinary and dismissal procedure. 4.11 Drug and alcohol misuse Employees are encouraged to disclose drug/alcohol problems so that the school can support them. Where drug or alcohol misuse is suspected or admitted, a meeting will be sought with the employee to decide upon an appropriate course of action. Where possible and appropriate, drug and alcohol misuse will be treated as an ill-health issue and as such will be dealt with under the sickness absence management procedure. Employees will be expected and supported to follow an appropriate programme of support/rehabilitation. There are, however, occasions when cases of alcohol/drug misuse may need to be dealt with as a matter of conduct. These may include: First issue: June 2001 14

Being drunk at work During at work Drinking in between work periods which may have an adverse effect on performance (for example operating machinery, supervising others, driving, impacting detrimentally on the school s reputation etc) Stealing and other acts of dishonesty connected with drug misuse Serious drugs offences committed in or out of the workplace Drug trafficking / pushing Failure or refusal to seek, accept or complete treatment. 4.12 Sickness absence recording In accordance with the Data Protection Act 1998, the Governing Body will seek, employees express permission, where this has not previously been given by acceptance of a relevant contract, to record absence details for management purposes. In certain circumstances, such records may be kept, without express permission, to enable the Governing Body to fulfil its statutory health, safety and welfare responsibilities. Impersonal aggregated data may also be collected and processed for certain internal and statutory monitoring purposes. Copies of fit notes and return to work forms will be held on employees personal files. These records will normally be destroyed after three years, in accordance with the Data Protection Act Code of Practice. 5. Frequent short term sickness absence The following procedure will apply where an employee s level of absence causes concern. Normally, this will be when the following triggers have been reached, although individual employee s absence records will be considered on a case by case basis: Three periods of absence in one term, or Unacceptable patterns of absence, for example regular Monday or Friday absence. 5.1 Informal procedure 5.1.1 Informal stage The line manager will raise concerns about the level of absence at a relevant return to work meeting. First issue: June 2001 15

As soon as possible, following the meeting, the employee will be given a written record of the key points and any action agreed. An employee will normally be given one term to improve their absence record, but a shorter period may be given if the absence is significant. 5.1.2 Referral to an Occupational Health Adviser It may be appropriate to make a referral to an Occupational Health Adviser following this discussion in order to obtain a professional view about the employee s health. This process and the reasons for it will be explained to the employee prior to the referral being made. An outline of the referral process is at Appendix C. Subsequent referrals will be made as and when required. The employee and line manager will be informed of the outcome of the referral. 5.2 Formal procedure 5.2.1 Formal absence review meeting If an employee s absence record does not improve or deteriorates, they will be required to attend a formal absence review meeting with the line manager/head teacher/principal. This marks the date of entry into the formal procedure. The employee will be given at least 5 working days written notice of the meeting and this will include the right to be accompanied by a trade union representative or work colleague. Within 10 working days of the formal absence review meeting, the manager will notify the employee in writing of the: Key issues discussed and timescale for expected improvement Support, guidance and monitoring systems Outcome of the medical referral where appropriate Notice that if attendance does not improve sufficiently within the given timescale, the matter may be referred to a formal hearing and the possible outcomes of such a referral. 5.2.2 Formal action Where an employee s absence continues to be unacceptable in all of the circumstances, the matter may be considered at a formal meeting with the head teacher/principal. An employee should make every effort to attend this meeting; they may make representations and may be accompanied by a trade union representative or work colleague. The outcome of the meeting could be a warning about the level of absence. In exceptional First issue: June 2001 16

circumstances, dismissal may occur without prior formal warnings. Any warnings/dismissal will be on the grounds of lack of capability due to ill-health. Where absence levels continue to be unacceptable or deteriorate following a warning, a further meeting (s) may be held, the outcome of which may be additional warnings or dismissal as appropriate. The employee will have the right of appeal to the governing body against any formal sanctions/dismissal. 6. Long term sickness absence Where an employee is on long-term sickness absence (usually defined as absence for 4 weeks or more), the following procedure will apply. 6.1 Referral to an Occupational Health Advisor It will normally be appropriate to make a referral to an Occupational Health Adviser after 4-6 weeks of the absence depending on the nature of the illness, to provide information about the employee s long-term prognosis. This process and the reasons for it will be explained to the employee prior to the referral being made. An outline of the referral process is at Appendix C. In certain circumstances, particularly those involving stress or depression, a referral may be made sooner, usually 2-4 weeks, as evidence suggests that early intervention increases the chance of a successful return to work. Subsequent referrals will be made as and when required. The employee and line manager/head teacher/principal will normally be informed of the outcome of the referral. 6.2 Review meetings Following a referral to an Occupational Health Adviser, and at any other appropriate stage, the line manager will arrange to meet with the employee to discuss the on-going absence. The employee may be accompanied by a trade union representative or work colleague, at any such meeting. The purpose of the meeting will be to discuss the long-term prognosis and any strategies which may support the employee s return to work. However, at an appropriate stage, it will be necessary to advise the employee that the school/academy is finding it difficult to sustain the continued long-term absence and the First issue: June 2001 17

matter might need to be considered at a formal meeting, the outcome of which could be the termination of the contract of employment. A written record will be made of the key points of any meetings and any action agreed. 6.3 Returning to work Where an employee becomes fit to return to work, the line manager will normally arrange a re-integration meeting with them before their return to work. This meeting will normally be informal and its purpose will be to support the employee s return to work. It will sometimes be necessary to make alternative working arrangements and/or consider redeployment, on a permanent or temporary basis, to facilitate an employee s return to work (see section 4.8). Such issues will be discussed between the line manager and the employee (and trade union representative and HR Consultant as appropriate). Agreed arrangements will be confirmed in writing. 6.4 Formal action Having explored all other options, the line manager may, at an appropriate stage (usually, but not exclusively after 12 months absence), consider that the absence is no longer sustainable. In this case, the matter may be considered at a formal meeting, the outcome of which could be the termination of employment on the grounds of lack of capability due to illhealth. Employees are entitled to full normal pay for the period of notice. The meeting will normally be conducted by the head teacher/principal who is empowered to make initial dismissal decisions. An employee should make every effort to attend this meeting; may make representations and be accompanied by a trade union representative or work colleague. The possibility of ill-health dismissal will be discussed with the employee at an appropriate review meeting and the employee will be consulted about the process prior to any formal action being taken. The employee will have the right of appeal to the Governing Body against any formal action/dismissal. 7. Ill health retirement 7.1 Teaching staff First issue: June 2001 18

A teacher may make an application for ill health retirement at any time. The application should be supported by an employee s GP/specialist and must be reviewed and considered by the employer s Occupational Health Service. The decision to grant ill heath retirement rests with Teachers Pensions. 7.1.1 There are two levels of benefit: Partial Incapacity Benefits (PIB) where an employee is deemed to be unfit to continue teaching, but fit to undertake other employment Total Incapacity Benefit (TIB) where the employee is considered unfit for any employment. Different benefits apply to each type of retirement. 71.2 Date of retirement If an employee is deemed unfit by Teachers Pensions, the last day of service must be agreed as soon as possible under the Regulations and normal contractual notice periods cease to apply. 7.2 Support Staff In order to qualify for ill health retirement benefits, an Occupational Health Adviser is required to sign a Certificate of Permanent Incapacity indicating that the employee is permanently incapable of continuing in their role. The employer must then dismiss the employee on the grounds of ill health incapacity. 7.2.1 There are three levels of benefit: Tier 1 The Certificate indicates that there is no reasonable prospect of the employee obtaining other gainful employment before their normal retirement age. Tier 2 The Certificate indicates that although the employee is unlikely to be fit to obtain gainful employment within 3 years, it is likely that they will be fit to do so prior to the normal retirement age. Tier 3 The Certificate indicates that it is likely that the employee will be fit to obtain other gainful employment within a period of 3 years. The pension benefit is payable for a maximum of 3 years. If the employee obtains gainful employment before the expiry of 3 years, their pension benefits will cease. A review will be First issue: June 2001 19

conducted after 18 months and if the employee is deemed capable of obtaining gainful employment at that point, pension benefits will cease. Different benefits apply to each Tier. 7.2.2 Retirement dismissal procedure Where a Certificate of Permanent Incapacity is signed, the employee will be invited to a formal meeting with the head teacher/principal. An employee should make every effort to attend this meeting, may make representations and may be accompanied by a representative or other appropriate person. Any dismissal will be with contractual notice. 7.2.3 Appeals An employee has the right of appeal against: The decision to dismiss on the grounds of permanent incapacity, in which case they should notify their line manager / head teacher / principal in writing, stating the grounds for the appeal within 5 days of the dismissal meeting. Any appeal will be heard by the Governing body Staff Discipline / Dismissal Committee. The medical opinion stated on the Certificate of Permanent Incapacity in which case they should notify their line manager / headteacher / principal in writing, stating the grounds for the appeal as soon as possible after receiving the Certificate. This appeal will be dealt with by the Occupational Health Service and is separate from any appeal against a dismissal on the grounds of permanent incapacity. The outcome of any such medical appeal may affect any pension benefits they may have been entitled to, if any, but may not affect the decision to terminate their employment. First issue: June 2001 20

Appendix A Self certificate form Confidential This certificate must be completed as follows: Teachers to cover the 4 th to 7 th day of every absence inclusive if not covered by a fit note. Other staff to cover the 1 st to 7 th day of every absence inclusive if not covered by a fit note. Your sickness absence dates Your name: The date of your first day of illness: The date of your last day of illness (this may not always be a working day): The date you returned to work: The number of consecutive calendar days you were not at work: Your sickness absence Please give a general outline of what caused your sickness / the symptoms you experienced: First issue: June 2001 21

The type of sickness absence Is your sickness absence related to (please circle one): Sickness An accident or assault at work An incident form will need completing Your work or working environment An incident form will need completing A disability or impairment An accident outside of work that you are seeking compensation for from a third party The sickness absence reason Sickness absence is reported using these 16 general categories. Please circle the main reason for this sickness absence. Back and neck problems Upper limb problems Lower limb problems Cancer Chest, respiratory Eye, ear, nose, mouth/dental, throat Genito-urinary/ gynaecological Headache and migraine Heart, blood pressure, circulation Neurological (for example, epilepsy) Operations, postoperative recovery and hospital treatments Pregnancy related Skin Stomach, liver, kidney, digestion Stress, depression and mental health Viral infection Please be aware that if you knowingly supply false information about your sickness absence, it will be dealt with under the disciplinary procedure and ultimately your employment could be at risk. Employee Signature Date The information on this form will be held in accordance with the Data Protection Act and may be used to provide statistical data. First issue: June 2001 22

Appendix B Return to Work form To be completed by the line manager following a return to work interview. Confidential Complete this part of the form before the return to work discussion Employee s name: Do you feel the local arrangements for reporting sickness absence were followed: If no, why? Yes No How many calendar days has the employee been absent due to sickness in the last 12 months: How many occasions has the employee been absent from work due to sickness in the last 12 months: Was the sickness absence: Self certificated Covered by fit note Unauthorised Complete this part of the form during the return to work discussion The details of sickness / injury were: The issues discussed were: Complete this part of the form during the return to work discussion The support / actions discussed were: First issue: June 2001 23

Other details you would like to make a note of: Does an accident report form need completing? Yes No Manager Employee Signature Date The information on this form will be held in accordance with the Data Protection Act. First issue: June 2001 24

Appendix C Referral to occupational health employee information sheet What is Occupational Health? Occupational Health is an independent, confidential health advisory service. Our role is to advise management and staff on all matters relating to the effect of health on work and of work on health. All Occupational Health medical records are maintained separately from any other records kept within Essex County Council and are only seen by Occupational Health staff. Information can only be released from Occupational Health with your written consent. Request for Occupational Health Assessment You have been referred to the Occupational Health Centre by your manager or by human resources. The reason for the referral will have been discussed and agreed with you. Your manager will ask you to sign the bottom of the referral form before it is sent to the Occupational Health Centre so you are aware of and understand the reasons for the referral. Where is the Occupational Health Centre? The Occupational Health Centre is situated on the second floor of B Block in County Hall in Chelmsford. Simply report to the main reception desk in the atrium, who will be able to direct you. There is wheelchair access to County Hall and a lift to the second floor. What will happen at my appointment? When you arrive in the Occupational Health Centre, you will be greeted by a receptionist. You will be asked to read and sign a form about the Data Protection Act. The form asks for your consent to release an opinion about your health to your manager or human resources officer and gives you details about how your notes are dealt with within the Occupational Health Centre. From the waiting room, you will be shown into a consulting rom to see an Occupational Health Physician or Occupational Health Nurse Advisor The appointment will take approximately half an hour A discussion will take place covering: The reasons for your referral Any effect on work or home First issue: June 2001 25 life Occupational Health requirements that would benefit you or your condition

You may be examined by the doctor or the nurse, but this will only be done if relevant to your assessment. Occasionally we may require further information about your health from your own doctor/specialist/physiotherapist. If this is needed you will be asked to sign a consent form allowing your doctor to provide a report to us. What happens after the appointment? Following your appointment a letter detailing the advice from Occupational Health will be sent to your manager/human resources officer, and a copy will be sent to your home address. No medical details will be included in the letter unless you have given your consent for these to be divulged. You may be asked to return for a review appointment by the Occupational Physician or Nurse Adviser. This appointment date will be sent to your home address. If you have any queries concerning your appointment with us please contact the Occupational Health Centre on 01245 430222. Please let us know if have any specific access requirements for both information and your appointment at the Occupational Health Centre. Please bring with you to the consultation: Details of all your recent/current medication. Details of your GP and any consultant/specialist. (Contact name and address). Details of any other clinic or hospital appointments. Please Note: The service operates an appointment system. If you are delayed please try to telephone us. If you are more than fifteen minutes late it is likely that your appointment will have to be rearranged. If you require detailed directions to the Occupational Health Centre at County Hall, please contact the Centre on 01245 430222. This information is available (on request) in large print, Braille, on audio tape and computer disk. For further information contact the Occupational Health Centre on 01245 430696 (ednet 20696). First issue: June 2001 26

Appendix D Sickness absence management procedure A brief guide for staff The school/academy is committed to providing a safe and healthy working environment and to promote good health and wellbeing amongst all its staff. The school/academy recognises not only its statutory responsibilities in relation to health and safety, but also its duty to ensure that staff are fit to fulfil their duties. The aim of this leaflet is to summarise the sickness absence management procedure and to inform staff about the processes involved in managing sickness absence issues. Any questions arising in relation to the application of the procedure should be referred to your line manager in the first instance. The following set out your responsibilities:- First day If you are unable to attend work due to ill-health you should inform your line manager at the earliest opportunity (i.e. 8am).You should try to do this yourself; if you are unable to, please ensure that someone does it for you. You will need to state:- The reason why you are unable to attend work and how long you think you might be away Any urgent work that needs attending to Keeping in touch If you are absent from work for more than one day you will need to keep your line manager informed so that cover arrangements can be made. You must contact your line manager again on the fourth and the seventh day if your absence is to continue and let them know of your progress and when you expect to return. If the fourth or seventh day falls on a weekend or a bank holiday you must contact your line manager again on the next possible working day. Fit Notes (medical certificates) When you are absent from work due to sickness you will need to complete a self-certificate form from the first day (support staff) or fourth day (teachers) of absence all staff must then provide a fit note to cover the period from the eighth calendar day of absence. First issue: June 2001 27

Sick pay Most staff are entitled to receive payments during their absence. Details can be found in your contract or can be clarified by the school. Continuing sickness absence If you are going to be away from work for some time you will need to send fit notes at regular intervals in accordance with the sickness absence management procedure. You should also keep in touch with your line manager about your progress. Your line manager may contact you during your absence to find out what support or help you may require. Some absences may require a referral to an Occupational Health Advisor. Returning to work Where possible you should give at least one day s notice of your fitness to return to work. If this falls within the school closure period, bank holiday or weekend, you should follow the procedure outlined in the sickness absence management procedure. On return to work your line manager will have a return to work meeting with you to discuss your health and any issues which may be affecting your health and wellbeing at work and to update you on relevant work issues and events that have occurred while you were away. More detailed discussions may follow a lengthy sickness absence including any more focussed support that may be required. Other issues If you have an accident at work you should fill out an accident form. Any sickness absence as a result of an accident at work should be reported to your line manager. If you need time off to attend any non-urgent medical appointments, absences for this reason are not treated as sick leave but are covered under the leave of absence procedure If your absence is for reasons other than your own sickness, these should be discussed with your line manager and will be managed under separate arrangements which may allow you to take appropriate time off from work. If at any time you are concerned about your health and wellbeing or that of your colleagues while at work, please raise the issue with your line manager so that the issue can be addressed. Employees who are absent due to sickness are supported through the effective operation of the sickness absence management procedure and the school s aim is to treat staff with First issue: June 2001 28

dignity and sensitivity. The overall objective is to minimise disruption to the effective provision of education to pupils or to the overall operation of the school/academy, including staffing. Monitoring sickness absence will help to address any concerns and a culture of mutual trust and confidence should exist between employees and the school. First issue: June 2001 29

This document is issued by: Essex County Council, Education HR Service You can contact us in the following ways: By telephone: 01245 436120 By email: educationhr@essex.gov.uk By post: Essex County Council Education HR Service E4, County Hall Chelmsford CM1 1QH Visit our website: www.essex.gov.uk The information contained in this document can be translated, and/or made available in alternative formats on request. Published October 2010 First issue: June 2001 30