Attendance Management

P r o c e d u r e Contents 1. Purpose 2 2. Notification and Certification of Sickness Absence 2 3. Maintaining Contact with Employees 3 4. Return to Work 3 5. Managing Absence 3 6. Model Letters 8 Absence Types and Entitlements 9 Frequent Absence 11 Long Term Absence 12 Fife Council October 2014 Page 1 of 12 AM10

1. Purpose Good attendance from employees is vital to the provision of high quality, efficient services. This procedure recognises the operational needs of the Services to keep absence to a minimum whilst ensuring fair and consistent treatment of employees and access to support where necessary. Managers at all levels should adopt a philosophy of early intervention leading to a speedy return to acceptable attendance. For a summary of the procedure, Managers and Employees should read Attendance Management Essential Information for Managers or Essential Information for Employees. 2. Notification and Certification of Sickness Absence For each occasion of sickness absence employees must fulfil the notification and certification requirements in their Scheme of Conditions of Service and any local arrangements. These requirements are as follows: - 1. On the first day of absence due to illness the employee must ensure the Service is notified following the procedure agreed within the Service. Employees who are part of the aboutme pilot should phone 03451 55 11 11, having their employee number ready. Their manager will be notified by the centralised team. 2. On the fourth day of absence the employee must ensure the Service is notified of the continuing absence and whether the absence is likely to continue beyond seven days. 3. If the employee is absent for up to seven days (including weekends and nonwork days) he or she must complete a self-certified sickness form when they return. Employees who are part of the aboutme pilot will record self-certified sickness by using aboutme; a paper certificate is not needed. 4. If the absence extends beyond seven days the employee must submit either a Fit Note signed by a General Practitioner, or a Medical Certificate (Form MED. 10) from a hospital to cover the period of absence and a self-certified sickness form to cover the first seven days. 5. During longer periods of sickness absence employees must regularly make contact with their line manager to discuss their absence. This should normally be weekly unless otherwise agreed with managers. Where an employee fails to comply with these requirements, entitlement to payment of sickness allowances may be lost and disciplinary action may result. Managers must ensure that all employees are made aware of the notification and certification requirements. New employees should be briefed as part of their induction. Abuse of the sickness scheme will be dealt with under the disciplinary procedure. See AM11 How To Get Notification & Certification Right See AM70 Fit Notes Fife Council October 2014 Page 2 of 12 AM10

3. Maintaining Contact with Employees Managers must maintain contact with absent employees, both by agreeing when the employee should be in touch and by making contact himself or herself or via an agreed management representative, as appropriate. They should act sensitively and with consideration for the nature of the illness. Contact by telephone and/or letter may be appropriate in many cases. In some instances, contact may be via an agreed third party. Any meetings would normally be at the employee s place of work or at another Council building. Home visits may be undertaken with the employee s agreement. See AM15 How to Carry Out a Home Visit 4. Return to Work Employees who have PC access and are part of the aboutme pilot should record their return to work using aboutme. All employees must be interviewed after each absence and the discussion should be recorded using a Return to Work Form (or aboutmyteam for pilot participants). It should be informal, private and conducted sympathetically as soon after the absence as is practical. If operationally difficult, immediate contact can be brief or in some cases by telephone, with the full process followed up within 5 working days. The purpose of this meeting is to confirm the reason for absence and that the employee is fit to return. It can also be used to reinforce the notification/certification procedures and the importance of good attendance. If trigger levels have been breached or the pattern of absence or reasons for absence is becoming a cause for concern, it may be necessary to hold a longer, more comprehensive RTW to explore any underlying issues. In this case, it can be used to indicate the Manager s concern and interest in the welfare of the employee and to discuss whether further support is appropriate. It should also be used to confirm trigger levels and explain that breaching them would normally result in formal action being taken. See AM12 How to Return to Work See AM13 How to Use Trigger Levels 5. Managing Absence Fife Council has a Capability Procedure for managing sickness absence in the work place. 5.1 Frequent Absence Sickness absence patterns that breach a Council specific trigger level must be managed. A trigger level is the point at which absence cannot be sustained by the Service and which therefore triggers formal management action, normally starting with a Stage A Attendance Hearing. Fife Council s agreed trigger levels are: Three occasions of absence (of any duration) in a rolling 12 month period Two occasions each of two consecutive weeks or more in a rolling 12 month period Action may also be taken if there are any identified patterns of absence. Fife Council October 2014 Page 3 of 12 AM10

These trigger levels should be seen as indicative of the standards expected. Managers are entitled to raise concerns about attendance with employees at any stage and take formal action if it is deemed reasonable and appropriate. For example, Managers may take action before trigger levels are reached, such as when a number of absences occur within a short period of time or where an unusual pattern of absences is noticed. Employees with less than a year s service will be assessed on a part year with trigger levels pro-rated. Application Once trigger levels have been breached, the Council s Capability Procedure for managing sickness absence will normally start. There are two formal stages, always beginning with a Stage A, before a Capability Hearing is held. These are referred to as Stage A and Stage B, each of which is live for a period of 12 consecutive months. During this live period the employee s attendance is closely monitored and if their absence levels breach a trigger level, the next level of hearing is arranged. See Flowcharts See AM17 How to Hold an Attendance Stage Hearing See AM18 How to Capability Hearing See AM56 Model Letters Stage A This is a formal hearing for which the Manager must give five working days notice and the employee must have access to any relevant papers that will be referred to, such as their absence record. The purpose is to meet the employee, and their representative, to: Discuss the employee s attendance record Make the employee aware of how the absence pattern impacts upon the Service and the work-place Consider seriously any issues raised or comments expressed by the employee or his or her representative Explore any appropriate options such as change of working hours etc, which would lead to acceptable attendance levels e.g. if the employee perceives that work has caused or contributed to their absence pattern, the issues must have been recorded and fully explored by the Manager and all reasonable steps taken to address them A Stage A is live for a period of 12 months from the date of the Stage A Hearing. Only absences that occur during that 12 month period will count towards the trigger levels. A review meeting should be set at the Stage A Hearing for six month s time to discuss any potential issues. If there is an absence during the period the Stage A is live, it should be treated as any other absence, but the employee should be reminded at the return to work interview of the consequence if a trigger level is eventually breached. Fife Council October 2014 Page 4 of 12 AM10

If by the end of the 12-month period a trigger level has not been breached then the Stage A should be considered expired and normal attendance monitoring should take place. If a trigger level is breached during the period of the live Stage A, advise the employee and start the process necessary for a Stage B Hearing to take place. Stage B This is another formal hearing, chaired by a more senior manager. The employee must be given five working days notice and have access to any relevant papers that may be referred to, such as their absence record. It should follow the same sequence of events as Stage A. A representative from HR must be present at the Stage B Hearing. The employee is entitled to be represented at the Hearing. A Stage B is also live for a period of 12 months from the date of the Stage B Hearing. Only absences that occur during that 12 month period will count towards the trigger levels. A review meeting should be set at the Stage B Hearing for six month s time to discuss any potential issues. If there is an absence during the period the Stage B is live, it should be treated as any other absence, but the employee should be reminded at the return to work interview of the serious consequence if a trigger level is eventually breached. If by the end of the 12 month period attendance is acceptable then the Stage B should be considered expired and normal attendance monitoring should take place. If however, the employee breaches a trigger level during the period of the live Stage B, Capability Dismissal should be considered. Advise the employee and start the process necessary for a Capability Hearing to take place. A report must be obtained from the Occupational Health Provider. An exception will be made if the employee does not comply. A representative from HR must be present at the Capability Hearing. The employee is entitled to be represented at the Hearing. Before considering dismissal at a Capability Hearing, Managers must have: 1. Obtained an occupational health report within the previous 12 weeks (see exception above) 2. Met the employee, and his or her representative, to: Discuss the content of the report Make the employee aware of how the absence pattern impacts upon the Service and the work-place Consider seriously any issues raised or comments expressed by the employee or their representative. For example, if the employee perceives that work has caused or contributed to their absence pattern, the issues must have been recorded and fully explored by the Manager and all reasonable steps taken to address them Explore any appropriate options to dismissal, which would lead to acceptable attendance levels 3. If other options are impractical and/or unreasonable to either the employee or the Service, the employee should be informed that: Fife Council October 2014 Page 5 of 12 AM10

Their absences can no longer be sustained and the reason(s) why this is the case He/she is required to attend a formal capability hearing where he or she may be dismissed on the grounds of capability due to sustained poor attendance. A manager with delegated authority to dismiss must chair this hearing At each formal stage the employee may be represented by a Trade Union representative or work colleague and should have access to all relevant documents. A note of each meeting should be kept and a copy given to the employee along with the relevant letter prepared and sent by the Chair. This letter will also detail the employee s right of appeal. Stages A and B should be recorded in aboutmyteam for employees on the pilot. 5.2 Long Term Absence Long-term absence is a continuous absence for health reasons, which lasts, or is likely to last, more than 4 weeks. Absence that falls into this definition may also be persistently frequent and if so, should normally be dealt with as noted in the Section 5.1 above Frequent Absence once the employee returns to work. Maintaining contact is particularly important when an absence becomes extended. As mentioned in Section 3 above, Managers must maintain contact with absent employees, both by agreeing when the employee should be in touch and by making contact himself or herself or via an agreed management representative, as appropriate. They should act sensitively and with consideration for the nature of the illness. Contact by telephone and/or letter may be appropriate in many cases. In some instances, contact may be via an agreed third party. Any meetings would normally be at the employee s place of work or at another Council building. Home visits may be undertaken with the employee s agreement. General At each formal stage in the procedure outlined below the employee may if they wish, be represented and have access to relevant documents. If dissatisfied with any action taken the employee may raise a complaint under the Council s Grievance Procedure. Formal Long Term Absence Review The longer an employee is absent from work, the less likely they are to ever return. For this reason, there should be a regular review of the circumstances surrounding the absence by management, or with an agreed representative, with a view to assisting the employee to return to work. Unless the circumstances are exceptional, there will normally be a first absence review meeting (record the date of this in aboutmyteam for pilot participants) with the employee after 4-6 weeks, followed by further reviews, with or without HR presence, after 4-6 months (record the date this in aboutmyteam for pilot participants) and until there has been a return to work or some other resolution. Fife Council October 2014 Page 6 of 12 AM10

For some illnesses it may be appropriate to start managing the absence as soon as the first medical certificate is received; in particular for stress-related, back, or musculo-skeletal conditions. With the right support, many people can return to work. However, sometimes they just don t feel able. Often employees who could return to work do not because they are unaware that support exists. The purpose of the first review and the meetings thereafter is therefore to develop a plan based on: 1. The employee s current state of health 2. The likely duration of the sickness absence 3. The employee s expectations about his or her future fitness to return to work 4. Whether the employee could return with temporary additional support or adjustments to their duties and/or hours A decision should be taken at these meetings on whether an occupational health referral is necessary, or whether there is sufficient information and other interventions would be more appropriate. Depending on the cause of absence, alternatives include a Stress Risk Assessment, referral to Physiotherapy, a workstation /DSE Assessment or a meeting with HR. If a referral is to be made, the employee must be made aware of the reason(s) for the referral and must be given a copy of the referral form. A second review should take place at 4-6 months and continue until the absence is resolved or it becomes clear that a return to work within a reasonable time-scale acceptable to management is not possible. See AM19 How to Discuss Long Term Absence Issues with an Employee See AM16 HR How to Use Occupational Health Referrals See AM53 Occupational Health Referral Form Capability Dismissal due to Long Term Sickness Absence If a return to work within a reasonable time-scale acceptable to management is not possible, dismissal on the grounds of capability due to long-term ill-health will normally apply. The employee must be made aware that this is a possible outcome. Before a capability hearing is arranged, the following steps must have been taken: 1. Where the employee perceives that work has caused or contributed to their ill health, the issues must have been fully explored by the Manager. There must also be evidence of all reasonable attempts to try and address them 2. A medical report has been obtained in the previous 12 weeks (unless the employee does not comply) 3. There has been discussion with the employee and their representative, where appropriate 4. Where appropriate, alternative employment has been explored 5. Where reasonable, adjustments to the workplace and, or, job and hours of work have been considered. 6. The possibility of dismissal has been raised in at least one of the attendance meetings above and has been noted. Fife Council October 2014 Page 7 of 12 AM10

7. The employee has been made aware of the impact of their absence upon the Service and the work-place. 8. All appropriate steps should have been taken to comply with the Equality Act. 9. Further independent medical opinion has been sought where the employee has provided written evidence from their GP/Specialist that disagrees with the Council s occupational health report. If the above alternatives to dismissal are impractical or unreasonable to either the employee or the Service, the employee will be offered the opportunity to attend a formal capability hearing chaired by a more senior manager. If the employee indicates that he or she does not want to attend such a hearing every effort should be made to ensure that they are aware that dismissal is the likely outcome and the Manager should discuss with the employee how this might be avoided by a return to work. A manager with delegated authority to dismiss must chair the capability hearing and confirm the dismissal in writing within 5 working days. The letter must also detail the employee s right of appeal against the decision and a note of the hearing should be included. HR Direct must be present at the hearing. Capability Dismissal due to Permanent Ill Health Where an occupational health referral has been made and the advice is that the employee is permanently unfit, all of the steps under the previous section on Capability Dismissal must have been taken. It is good practice to obtain an estimate of pension benefits (and, or, gratuity) for the employee from the pensions section before the hearing. A manager with delegated authority to dismiss must chair the capability hearing and confirm the dismissal in writing within 5 working days. The letter must also detail the employee s right of appeal against the decision and a note of the Hearing should be included. HR Direct must be present at the hearing. See AM21 How to Investigate Alternative Employment for Health Reasons 6. Model Letters AM56 Model Letters Produced by Fife Council HR Service October 2014: Issue Number 7.0 Fife Council October 2014 Page 8 of 12 AM10

Absence Types and Entitlements The table below summarises the payments due to employees where they are absent from work, but not due to normal sickness. If an employee is absent for one of these reasons, they will still need to follow the normal notification and certification processes to cover the period of their absence. The line manager will manage the absence and support the employee back to work as normal. Human Resources will advise if an employee breaches a trigger level because of one of these absences. Absence Reason Absence due to non work-related injury Absence due to an accident at work or an industrial disease Assault in the course of employment Payment Entitlement Classification of Absence Sickness Allowance Sickness absence. See additional notes. Industrial Injury Allowance Service Injury ( NJC Fire only) Conditions apply see employee s specific terms and conditions of employment. Industrial Injury Service Injury ( NJC Fire only) see employee s specific terms and conditions of employment. Additional Notes An employee must repay sickness allowance if they receive damages. The actual amount will be proportionate to the amount of damages they receive. If the employee fully refunds their sickness allowance, the council will treat the period of absence as special leave. This allowance and sickness allowance, although paid at the same rates, are entirely separate entitlements. NJC Fire employees will be paid according to their conditions of service. Fife Council October 2014 Page 9 of 12 AM10

Victim of crime of violence i.e. where the Criminal Injuries Compensation Authority may make a payment Sickness allowance Sickness absence Where a CICA award is made, there will be no need to repay sickness allowance and the period of absence will be treated as special leave. Fife Council October 2014 Page 10 of 12 AM10

Frequent Absence Trigger Level Breached Stage A Hearing Stage A Issued Live for 12 months 6 Monthly Review Meeting Return to Normal Monitoring No 12 months from date of Hearing Further Trigger Breach? Yes Stage B Hearing (HR Case Officer to attend) Stage B Issued Live for 12 months 6 Monthly Review Meeting Return to Normal Monitoring No 12 Months from hearing date - Further Trigger Breach? Referral to OH Provider at the time the trigger level is breached Yes Capability Hearing (HR Direct Case Officer to attend) Fife Council October 2014 Page 11 of 12 AM10

Long Term Absence Employee absent more than 4 weeks Weeks 4 6: First Absence Review Actions agreed.refer to OH Provider if necessary HR Direct request pension estimate Yes Permanent Ill Health or return to work indicated? No Employee absent 4-6 months: Second absence review Actions agreed HR Direct Case Officer to be involved HR Direct request pension estimate Yes Permanent Ill Health Indicated? No Absence continues: Absence review/s as agreed with HR Agree actions HR Direct Case Officer to be involved No HR Direct request pension estimate Yes Permanent Ill Health Indicated? HR Direct Case Officer to be involved HR Direct request pension estimate Yes Consider Capability Hearing A representative from HR Direct must attend Fife Council October 2014 Page 12 of 12 AM10