Nuneaton and Bedworth Healthy Living Network

Sickness Absence Management-Policy and Procedure

1.Introduction

1.1 Nuneaton and Bedworth Healthy Living Network (HLN) recognises that absences for reasons of illness or accident are unavoidable. These absences need to be managed, to minimise the effects on workloads, costs, and the individual experiencing the absence. It is particularly important to minimise absence as HLN is a small organisation, reliant on external funding, which in turn requires the achievement of targets set by external funders.

1.2 HLN recognises that absence through sickness can have an effect not only on the individual who is absent but on the remaining team members, who may be required to cover workloads during periods of absence. Sickness/absence is a cost to the organisation, both in workload terms and in terms of workload adjustments.

1.3.HLN recognises that it is important to apply policies fairly and consistently but also to consider cases of ill health on an individual basis.

1.4 Managers are required to act at an early stage to keep absence to a minimum, but address issues in a supportive, informative and when necessary a formal manner. HLN will take into account seasonal influences impacting on sickness such as influenza, pandemics, coughs and colds, and consider the reasons for absence and the opportunities to bring people back to work as soon as reasonably possible. However, return to work must be managed correctly, taking account of individual circumstances and applying any other supportive policies to help the return to work.

1.5 HLN will also offer advice on other methods (e.g phased return; workplace adjustments etc), policies and procedures that might assist people to return to work.

1.6 It is the responsibility of all employees to attend work. Where absence does occur, employees must maintain meaningful contact with their manager and adhere to the principals of this policy. Where it is deemed that an employee has not fully adhered to this policy, this may lead to suspension of pay and may ultimately be dealt with as a Disciplinary issue.

1.6 This policy can be provided in large print, and can be translated on request.

2.Procedure for reporting sickness absence.

2.1 First day of sickness-You should take all reasonable steps to contact HLN by phone within one hour prior to your normal start time.

2.2.Third day of sickness-You should contact HLN again to let us know of your continuing absence and the date of your likely return to work.

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2.3.Eighth day of sickness-You will be required to complete a self-certification for absences up to 7 days to receive payment of SSP. After this time you must produce a doctor’s certificate stating the reason for your illness, and its possible duration. You must produce further medical certificates as they expire.

2.4 HLN will maintain regular contact with you during sickness absence which will include phone contact and meeting in the workplace. After 14 days HLN will arrange a meeting, and will continue these meetings at 14 day intervals until such time as you return to work. If these arrangements cause you problems you should discuss them with HLN to see if an alternative arrangement can be agreed

2.5. Failure to report sickness absence in accordance with this policy could lead to a loss of sick pay entitlement.

3.Sick Pay

3.1.If you are absent from work because of sickness, you will be entitled to an allowance in accordance with your contract of employment, based on your length of service;

-6-12 months-4 weeks full pay; 8 weeks half pay

-1 year onwards-8 weeks full pay; 8 weeks half pay

For these purposes a “year” runs from 1st April to 31st March.

3.2 Where there is reason to doubt the integrity of sickness absence or where it is determined an employee is engaging in activities that may affect their recovery, Sick pay may be suspended and ultimately this may constitute a disciplinary issue.

4.Managing sickness absence

4.1. Short term sickness absence

This is defined as occasional short periods of absence that add up to a considerable number of days. When dealing with these cases a record of absences will be maintained and the reasons for each absence will be recorded, to ensure a consistent approach is adopted. The following phased approach should be adopted;

(a).After each sickness absence

(i) A return to work interview will be conducted, preferably on the day of your return to work, but certainly within 3 working days. This will be a supportive process to discuss the reasons for your absence and agree how it could be prevented in the future. If you disclose an illness/disability which is covered by the Equality Act, HLN will seek further advice. If the return to work interview identifies work related issues as a contributory factor in your absence, HLN will address these where it is

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practical to do so. The onus will be on the employee to manage their life to keep sickness absence to a minimum. Guidelines for the return to work interview are attached as an appendix.

(ii) Where there are concerns about the frequency of absences you will be informed that HLN is monitoring your absence record, and will agree actions at the attendance review meeting to improve attendance over a period of time. An attendance review meeting will take place when your sickness record is as follows in a rolling 12 month period;

-6 working days in a 3 month period

-3 instances of unrelated absence over a 3 month period

-patterns of absence are rising, but they are less than the trigger points (e.g. frequent absences on Mondays/Fridays).

(iii) At your return to work interview you will be informed if an attendance review meeting is to be conducted, and the reasons for this decision will be explained.

(b) Attendance review meeting

(i) An attendance review meeting will take place after periods of sickness absence where your absence exceeds the levels set out in paragraph 4.1.(a).The meeting will discuss the reasons for your absence, and the impact this has on team members and HLN generally. The meeting will conclude with an action plan being drawn up, outlining agreed actions to reduce future sickness levels. As the attendance review meeting is a management initiative, there will be no outside involvement, but you may seek the views of others before the meeting.

(ii) Where sickness absence drops by the review date no further action will be taken, but your absence record will continue to be monitored. Where sickness absence remains the same or increases a formal meeting will be arranged to discuss the situation further. A third party (union representative or work colleague may accompany you at this meeting. The formal meeting will be the first step in the formal HLN disciplinary process. The HLN disciplinary procedure explains the disciplinary process and your rights within it.

(c) External Medical Advice

If external medical advice is required this will be sought with the help of the PCT.

4.2 Long term sickness absence

This is defined as continuous absence lasting 20 days or more. A medical certificate is required for any period of sickness absence in excess of 7 calendar days in order for you to receive SSP (Statutory Sick Pay). HLN will maintain contact with you during any period of long term sickness, and will contact you once a week. A workplace will also be carried out once a month. HLN will seek your agreement to an external medical advisor becoming involved in your case. It is a condition of OSP (Occupational Sick Pay) that you will attend a medical examination at any time. If you do not agree

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to this examination, HLN make take decisions without the benefit of medical advice. Your OSP may also be stopped. The external medical advisor can give a range of advice which can include:

-Changes in working practices-this can involve changes in hours, start times, finish time and the organisation of workload including the use of equipment such as computers. If HLN is unable to alter the working practices of your post, your employment will be terminated. Reasonable adjustments under the Equality Act for disabled employees will be considered (see section 5).

-Redeployment-HLN will consider the availability of other more suitable posts, which HLN will discuss with you. If there no suitable posts and you are not able to return to your post, your employment will be terminated,

-Termination of employment on health grounds-a qualified external medical advisor can issue a certificate of permanent ill health where they believe you cannot return to work in the foreseeable future. You have the right of appeal against such a certificate, as well as the right of appeal against any decision to terminate your employment, if such a decision is made.

Any decisions to change your working practices, redeployment or termination of your employment are a management decision taking in account external medical advice.

The external medical advisor can also state that you are fit to return to work at some time in the future. HLN will decide if this length of time is reasonable, taking account of HLN workloads, external funding conditions, and personal circumstances. If the length of time is not considered to be reasonable, your employment may be terminated. You may also be invited to return to work on a part time basis, with your hours increasing in the future..

5 Managing Employees with a Disability

5.1 HLN’s aim is to promote equality of opportunity for all employees and make reasonable adjustments where appropriate.

5.2 Definition of a Disability

Under the Equality Act 2010, a disability is defined as:“A physical or mental impairment and the impairment has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.”

For clarification:Substantial – means neither minor nor trivial

Long Term - means that the effect of the impairment has lasted or is likely to last for at least 12 months. However, cancer, HIV and multiple sclerosis are included from the point of diagnosis. Employees who have had a disability in the past but no longer have one may still qualify as disabled.

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Normal day to day activities – include everyday things like eating, washing walking and going shopping

A disability can arise from a wide range of impairments which can be:

Sensory impairments such as those affecting sight or hearing Impairments with fluctuating or recurring effects such as rheumatoid arthritis, ME, chronic

fatigue syndrome, fibromyalgia, severe clinical depression and epilepsy Progressive such as motor neurone disease muscular dystrophy forms of dementia and lupus Organ specific, including respiratory conditions such as asthma, and cardiovascular diseases

including thrombosis, stroke and heart disease. Learning difficulties Mental health conditions and mental illnesses such as severe depression, schizophrenia,

eating disorders, as well as personality disorders and self-harming behaviour. Produced by injury to the body or brain

5.3 Reasonable Adjustments

An employer has to take reasonable steps to prevent any substantial disadvantage by making ‘reasonable adjustments’ in the workplace. Where an employee has declared a disability, supporting evidence will be required which may include a letter from a medical profession confirming a diagnosis or advice from Occupational Health. Where a disability is affecting the ability to attend work, the employee and the manager should consider what ‘reasonable adjustments’ could be made to support good attendance at work.

Where an employee has disclosed an underlying condition that may be classified as a disability, a referral to Occupational Health should be considered. They will be able to offer further guidance on possible adjustments and expectations of future absences.

Reasonable adjustments should be designed to allow an employee to manage their job and maintain acceptable attendance at work. These adjustments will be subject to service delivery requirements and may include:

Greater flexibility in how contracted hours are worked Provision of specialist equipment Adjustments to the work station An extension to the normal 4 week phased return period Authorised Leave

It is unlikely that adjustments will include the removal of tasks from a role, although this may be considered on a temporary basis. These changes should not however, fundamentally change the job or affect service delivery. Advice should always be sought from Human Resources regarding the potential impact of these changes to the job profile and grade.

Employees will be required to contact ‘Access to Work’ who can provide advice and guidance in respect of reasonable adjustments and may be able to help with funding towards any

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associated costs. ‘Access to Work’ can only act on a request from the employee and contact details are available at Appendix A.

5.4 What is Reasonable?

It is important to assess each case individually and the adjustments needed will differ depending on an employee’s individual disability, personal management strategies and circumstances.

Employees may have the same disability but different coping mechanisms. These individual personal coping and management factors need to be considered in assisting the individual. It may not be clear if an employee’s absence is related to their disability or not. This can especially be the case with employee’s experiencing mental health issues. Further advice is available from Occupational Health and Human Resources.

The employee’s needs are a practical management issue and each case will be dealt with sensitively. Employees with disabilities need to feel confident and supported when they approach managers with such issues. Furthermore, employees should be fully consulted about any decision made or advice received.

5.5 Disability Related Sickness

Disability related sickness absence arises where the employee’s sickness absence is related to their disability and should be reported to the sick line in the normal way.

Where a period of absence related to an employee’s disability results in a trigger being hit and where reasonable adjustments are being explored, it may be appropriate to exclude the respective period of absence when considering whether to take the employee to the next stage of the Attendance Management Procedure, until any adjustments which have been agreed are in place and further absence occurs.

Where an employee continues to be absent from work whilst reasonable adjustments are being explored, targets should be set in respect of timescales for both the adjustments and the employee’s return to work.

Where reasonable adjustments have been made and attendance still gives cause for concern employees with a disability will still move through the appropriate stages of the Attendance Review.

6.Sickness Information

Information on sickness absence will be kept securely in accordance with the requirements of the Data Protection Act, and will not be disclosed to third parties without the express permission of the employee.

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7.Monitoring and Review

This policy and procedure will be kept under continuous review, and will be updated at periodic intervals of not less than 2 years.

Reviewed and Approved by the Board on 11th June 2018

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APPENDIX-RETURN TO WORK INTERVIEW-PURPOSE AND PROCEDURE

1.Background

1.1 A return to work interview (RTWI) will normally take place between the manager and the employee returning from sick leave, on the employee’s first day back, and certainly within 3 days.

2.Purpose

2.1 The purpose of the RTWI is to:

(a) Welcome the employee back to work

(b) Discuss the reasons for the employee’s absence

(c) Confirm that the employee is fit to return to work

(d) Identify any measures being taken to reduce the likelihood of future absences

(e) Give the employee an opportunity to identify any issues (domestic or work related) which may have contributed to the illness

(f) Determine if any sickness absence triggers have been reached, and arrange an Attendance Review Meeting if necessary

(g) Complete and sign the RTWI form and summarise any points for further action.

3.Process

3.1 The RTWI is a supportive process, which should follow a similar structure to that set out in paragraph 2.1 above. It should be a 2 way discussion, based on fact, and designed to be of benefit to both the employee and HLN.

3.2 The time taken for the RTWI is likely to vary depending on the nature of the sickness absence. Somebody who has been away with a minor ailment having previously enjoyed good health may only require a few minutes for their RTWI. Someone returning after a long period of absence (e.g.of weeks) may require a significant discussion, involving a comprehensive review of issues.

3.3. The RTWI should enable the employee to share any concerns they have about their absence. It should not be a judgmental meeting, and should not make assumptions about absence but should stick the facts, and be conducted in a caring manner. Active listening should be used.

3.4.The following matters, although not exhaustive should be covered during the RTWI:

(a) Welcome back-this is also an opportunity to recognise and review the contribution by the employee to the delivery of organisational objectives and workloads.

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(b) Reasons for the absence-consider whether the absence was work related; whether medical advice was sought and taken.

(c) Measures being taken to reduce future absences-steps being taken by the employee to promote recovery including preventative measures being taken to reduce the likelihood of absence occurring in the future. Is there anything more HLN can do?

(d) Sickness absence triggers- identify patterns of absence and stress the importance of full attendance wherever possible, including the impact that absence can have on colleagues. If a trigger has been reached, arrange an Attendance Review Meeting.

(e) Information update-to brief employees on events and communications that have occurred during their absence.

(f) Completion of RTWI form-complete and sign the form and summarise any future actions that have been agreed. The form should be an accurate record of the meeting.

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