Lothian NHS Board = Waverley Gate 2-4 Waterloo Place Edinburgh EH1 3EG = Telephone: 0131 536 9000 www.nhslothian.scot.nhs.uk Date: Our Ref: 24/03/2015 5080 Enquiries to : Bryony Pillath Extension: 35676 Direct Line: 0131 465 5676 [email protected] Dear FREEDOM OF INFORMATION – STAFF SICKNESS ABSENCE I write in response to your request for information in relation to staff sickness absence in NHS Lothian. I have been provided with information to answer your request by Ms Ruth Kelly, Associate Director of Human Resources, NHS Lothian. Questions: 1. Do you have a Sickness Absence Policy? 2. Could you please supply a copy of your policy? Answer: NHS Lothian’s sickness absence policy, the Promoting Attendance Policy and Procedure, is enclosed with this response. Question: 3. What are your levels of sickness absence for the past 3 years? Answer: Sickness absence levels for all NHS Lothian staff are detailed in the table below: NHS Lothian sickness absence levels for all staff Year Absence rate 2012 4.63% 2013 4.65% 2014 4.73% 5080 Staff Sickness Absence March 2015 Question: 4. Does your policy deal with stress and mental health issues? Answer: The Promoting Attendance Policy does not specifically deal with stress and mental health issues, but these are covered in a separate Dealing Positively with Stress Policy at Work, which I have enclosed. Questions: 5. Do you hold separate statistics on stress and mental health issues? 6. Can you please advise what those levels are for the past 3 years? Answer: NHS Lothian holds some statistics on stress and mental health issues. This information is collected using national codes and categories for recording absence, which includes a category combining anxiety, depression and psychiatric illness. We do not collect data which would determine what proportion of the absences recorded under this category relate to stress and mental health issues only. The percentage of hours lost through sickness which are in the category of anxiety, depression and psychiatric illness is detailed in the table below. Hours lost through absence due to anxiety, depression and psychiatric illness as a percentage of total hours lost through staff sickness, NHS Lothian Year Percentage hours lost 2012 19% 2013 19% 2014 19% Questions: 7. Does your policy deal with Work/Life Balance issues? 8. How is this done? Answer: NHS Lothian has a separate suite of policies dealing with work life balance, including policies on flexible working arrangements, carers leave, special leave, maternity leave, paternity leave and parental leave. Page 2 of 4 5080 Staff Sickness Absence March 2015 Questions: 9. Do you have occupational health provision for your employees? 10. Please say how this is carried out. Answer: All NHS Lothian employees have access to Occupational Health Services either through a management referral or through self referral. The service includes a staff counselling service and a staff physiotherapy service. Questions: 11. Does your policy have triggers to instigate intervention in the sickness absence levels of your employees? 12. Do these triggers apply equally to disabled and non-disabled people? 13. Do you adjust the triggers to meet reasonable adjustments for disabled people? 14. What adjustments do you offer to meet the needs of disabled people? Answer: Yes, the Promoting Attendance Policy uses triggers for absence levels. Review is required if a member of staff has been off for four or more spells or a single absence of ten days or more in a twelve month period. These triggers apply equally to disabled and non-disabled staff, but individual circumstances will be taken into account when deciding on appropriate action to be taken and any reasonable adjustments are made at this stage on a case by case basis. Please see Appendix D of the Promoting Attendance Policy. Advice is also available to staff from the Occupational Health Service. I hope the information provided helps with your request. If you are unhappy with our response to your request, you do have the right to request us to review it. Your request should be made within 40 working days of receipt of this letter, and we will reply within 20 working days of receipt. If our decision is unchanged following a review and you remain dissatisfied with this, you then have the right to make a formal complaint to the Scottish Information Commissioner. Page 3 of 4 5080 Staff Sickness Absence March 2015 If you require a review of our decision to be carried out, please write to the FOI Reviewer at the address at the head of this letter. The review will be undertaken by a Reviewer who was not involved in the original decision-making process. FOI responses (subject to redaction of personal information) may appear on NHS Lothian’s Freedom of Information website at: http://www.nhslothian.scot.nhs.uk/YourRights/FOI/Pages/default.aspx Yours sincerely ALAN BOYTER Director of Human Resources and Organisational Development Cc: Chief Executive Enc. Page 4 of 4 EMPLOYMENT POLICIES AND PROCEDURES DEALING POSITIVELY WITH STRESS AT WORK SEPTEMBER 2007 1. INTRODUCTION 1.1 Definition 1.2 Commitment 2 2 2 2. SCOPE 2 3. POLICY AIMS 3 4. RESPONSIBILITIES 4.1 Senior Managers 4.2 Line Managers 4.3 All Staff 4.4 Human Resources 4.5 Trade Unions/Professional Organisations 4.6 Occupational Health Service 4.6.1 Staff Support and Counselling Service 3 3 4 4 5 5 5 6 5. RISK ASSESSMENT IN THE WORKPLACE 5.1 NHS Lothian Process 5.2 Control Measures 5.3 Risk Assessment Review 5.4 Risk Assessment Process 6 6 7 8 8 6. STRESS AUDIT 8 7. DIAGNOSIS OF WORK RELATED MENTAL ILL HEALTH 8 8. ANNUAL STAFF SUPPORT AND COUNSELLING SERVICE REPORT 9 9. CRITICAL INCIDENTS 9 10. EDUCATION & TRAINING 9 11. OTHER RELEVANT POLICIES 9 12. MONITORING & REVIEW 10 APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E: APPENDIX F: TEAM RISK ASSESSMENT (TEMPLATE AND EXAMPLE) INDIVIDUAL RISK ASSESSMENT (TEMPLATE AND EXAMPLE) RISK ASSESSMENT FLOW CHART RECORDING OF OCCUPATIONAL MENTAL ILL HEALTH ADDITIONAL INFORMATION AND GUIDANCE PSYCHOLOGICAL FIRST AID: INFORMATION SHEET 1 1 Introduction NHS Lothian is committed to promoting a healthy workforce by placing value on both physical and mental health. It is acknowledged that stress problems have many causes, including the workplace and the outside world. NHS Lothian recognises that excessive and sustained pressures at work can have negative effects on staff, and will encourage and actively promote a supportive environment and working culture for all employees to help reduce, control and manage stress at work. It is also recognised that domestic factors (for example housing, family problems and bereavement) may add to levels of stress experienced by staff. 1.1 Definition The term “stress” is often misused and misunderstood, and is a complex subject. For the purposes of this policy, NHS Lothian follows the Health and Safety Executive’s definition and regards stress as an adverse reaction that people have to excessive pressures or demands placed upon them, and arises when individuals believe they are unable to cope. Stress therefore is not an illness or a type of ill health; it is a cause of illness or ill health. 1.2 Commitment NHS Lothian is committed to taking steps, as far as is reasonably practicable, to ensure that an employee’s health is not placed at risk through excessive and sustained levels of pressure arising from the way work is organised, the way people deal with each other or the day-to-day demands placed on the workforce. All staff have a responsibility to contribute to this positive way of working. NHS Lothian is committed to a proactive plan of action that includes: 2 Being proactive in the prevention of stress by carrying out workplace risk assessment and putting in place controls and corrective measures as required. Taking positive action to tackle stress and help all staff to manage and identify causes and effects of stress by developing appropriate awareness training and stress management tools. Ensuring that appropriate measures are taken to manage the return to work of those who have suffered mental or physical health problems associated with stress, to make sure their skills are not lost. This will include managing health problems associated with stress by recognising stress early, managing stress appropriately, providing access to counselling and providing advice and sources of help. Monitoring and reviewing employees’ perception of stress through stress audit across the organisation. Scope This policy applies to all staff employed by NHS Lothian. 3 Policy Aims This policy aims to maintain and encourage staff well being within NHS Lothian. Positive action will be taken to discourage the stigma attached to stress and raise 2 awareness of ill health associated with stress, its causes and associated factors: This involves changing aspects of the workplace/job which have been identified (through risk assessment) as increasing the stress risk, and enhancing the factors that reduce the risk of stress. The proactive identification of the causes of work related stress through the risk assessment process (see guidance below) must be continuous. It is a legal requirement to undertake such an assessment under the Management of Health and Safety at Work Regulations, regulation 3. It is NHS Lothian’s intention to educate staff in techniques for coping with pressure and stress, and through information and education encourage everyone to recognise problems. Appropriate measures will be put in place to prevent stress arising in the workplace. NHS Lothian will also provide staff with help if they have mental or physical health problems associated with stress, including well-publicised systems of support. The organisation will encourage staff to get help at an early stage, and offer easy access to counselling and other professional help and, as far as is reasonably practicable, assure job security, sick leave and the retention of status and generally make sure there is no blame attached to those using the support mechanisms. As part of dealing with stress positively NHS Lothian has procedures for return to, and rehabilitation in, work and will make sure that these procedures are flexible enough to meet varying needs. Note: 4 NHS Lothian has other policies which may be relevant in particular circumstances, including Promoting Attendance at Work, Managing Employee Capability and Dignity at Work; these should be consulted where appropriate in conjunction with this policy. Appendix E attached to this policy gives additional information to assist in dealing positively with stress at work. Responsibilities 4.1 Senior Managers It is the responsibility of senior managers to implement processes to proactively measure and control potential hazards in the workplace associated with stress, and to make sure that an organisational culture is developed where stress is not seen as a sign of weakness or incompetence and where seeking help in managing negative stress is seen as a sign of strength and good practice. It will be policy to ensure: advice and information is provided for managers on their duty of care to staff, suitable training and guidance is provided to equip them to undertake the necessary risk assessments in relation to stress in the workplace, and effective control measures are implemented where appropriate; stress, which is likely to lead to ill health, is eliminated from the work environment as far as is reasonably practicable; information is provided for staff on the effects of stress at work and how to 3 recognise the symptoms of negative stress in themselves and others; positive coping mechanisms and general health improving activities are promoted within the workplace; a working environment is promoted where employees who feel they are at risk of suffering from the negative effects of stress can raise the issue in confidence, and necessary support mechanisms are put in place; good practice guidelines based on current evidence and knowledge are produced and reviewed regularly; risk assessments are acted on and resources are made available to address the issues highlighted. 4.2 Line Managers Line managers also are responsible for assessing proactively and managing potential hazards in the workplace associated with stress, to make sure that an organisational culture is developed where stress is not seen as a sign of weakness or incompetence and where seeking help in managing negative stress is seen as a sign of strength and good practice. As part of their responsibility they must also ensure, as far as is reasonably practicable: that the work environments for staff are safe and do not expose them to risks that may give rise to stress at work, by carrying out risk assessments in accordance with this policy; a robust recruitment, selection and employment process is in place which includes the provision of clear and concise job information, job descriptions (outlining lines of responsibility, accountability and reporting), individual supervision, ongoing appraisal and development with clear objectives that are regularly reviewed and monitored; that all new staff receive appropriate induction to and training for their job, including reference to support services, for example, OHS, HR and the Staff Counselling Service; they consider the implications and impact for staff of any changes to working practices, ways of working, work location, new policies or procedures and the need for appropriate support and training. This will also include regularly reviewing excess hours worked by staff, time back, absence monitoring and staff turnover, and carrying out exit interviews; they encourage the involvement of individual staff and staff teams in seeking solutions, as part of the risk assessment process; promote openness and discussion and involve others outside the team as necessary; also make sure that staff teams take time out to review and celebrate positive achievements and likewise less positive outcomes so that a sense of balance can be achieved; practical management of absence in accordance with the policy on Promoting Attendance at Work, and linking to other policies as necessary such as Dignity at Work, Managing Employee Capability etc. 4.3 All Staff All staff have a duty to take care of themselves and others who may be affected by their acts or omissions at work, including those issues associated with stress. Where control measures have been provided to reduce work related stress employees have a duty to use them, and must report any incidents associated with 4 stress. They also have a responsibility for treating colleagues in an appropriate and respectful manner and to co-operate with their employer in ensuring Dignity at Work. Staff can resolve issues by talking to their manager if there is a problem, or accessing areas of support i.e. OHS, HR or their trade union/professional organisation; also by: being actively involved in the risk assessment process, discussing with their manager how it may be possible to resolve the issues identified, including altering the job if necessary to make it less stressful, while recognising all team members’ needs. supporting their colleagues if they are experiencing work related stress and encouraging them to talk to their manager, OHS, HR or trade union/professional organisation. 4.4 Human Resources The role of HR is in making sure that organisational policies and codes of working are compliant with changes in the law and promoting adherence by all staff. They will also become involved in: facilitating discussions within areas of conflict; liaising with management to carry out risk assessments, including reviewing absence figures and linking these with other policies that may be relevant; advocating clarity of roles and responsibilities, advising on job descriptions and organisational structure; monitoring trends in conduct (disciplinary and grievance issues), attendance, turnover etc; promoting positive cultural change within the workforce. 4.5 Trade Unions/Professional Organisations Trade unions/professional organisations are responsible for encouraging members to speak up as soon as they feel they that their working environment is beginning to affect their health, and to seek information and advice on coping with work pressures. This could involve them investigating potential hazards and complaints from their members, and receiving information they need from the employer to protect members’ health and safety. This could also involve encouraging members to keep a written record of any problems and to put things in writing to management, so that there is evidence of any problems and that management is aware of them. 4.6 Occupational Health Services Occupational Health Services play an active part in the prevention, investigation and diagnosis of work related illness, including that resulting from work related stress. They have experience and knowledge in the field, providing advice and services to both management and staff. Key roles include: provision of advice on occupational stresses, the risk assessment process, and mechanisms of control; at the request of management, investigation and evaluation of particular groups of staff where occupational stresses may be an issue, including use of interviews, focus groups and small stress audits; management referral, providing advice on the formal diagnosis of illnesses 5 related to work related stress, management of affected staff, further control measures in the workplace and requirements for a return to work; health input into the education and training programme; monitoring work related illness in terms of sickness absence and self/management referral numbers; by management or self-referral providing support for staff experiencing the negative effects of stress. 4.6.1 The Staff Support & Counselling Service The Staff Support and Counselling Service is an independent part of the Occupational Health Service. Experienced counsellors provide counselling to staff who self refer with a wide range of problems, including stress, in a safe confidential environment. Counsellors have a responsibility to support and assist employees in managing their experiences of stress and to work with individuals towards implementing effective strategies to maintain emotional/mental health by: offering an opportunity to talk in confidence about any problem, whether work related or not; offering support to help people gain insight into their difficulties and enabling them to be more effective in dealing with their situation; helping individuals to identify, think through and resolve current difficulties; assisting individuals to develop strategies that will help them to deal with future difficulties. The service is for all NHS Lothian staff who wish to self refer. Management referral is not an option, but managers may feel it is appropriate to inform/remind staff that the service is available. If staff do self refer, no information will be sent to line management. 5.0 Risk Assessment In the Workplace Stress is recognised as a significant workplace hazard, resulting in mental and physical ill health. As such there is a statutory requirement to undertake workplace risk assessment, and where appropriate instigate effective control measures. Managers and staff must comply with the risk assessment processes documented in this section. In common with a number of workplace hazards such as noise or ionising radiations, there is significant variation in an individual’s ability to cope with work pressure and hence their susceptibility to work related stresses. In addition, an individual’s susceptibility may vary with time, particularly in relation to the amount of non-work related pressures they are encountering. This situation determines that risk assessment for work related stress and mental ill health should have components which are both individual and continuous. In addition, staff operate within teams, with common goals and common pressures. Risk assessment therefore requires consideration of the team as a whole as well as the effect on the individual. Risk assessment for work related stress must therefore form an important part of a manager’s regular discussion with the team as well as an integral part of regular performance review of individual team members. 5.1 The NHS Lothian Process The Health and Safety Executive (HSE) commissioned research which identifies 6 major areas in the workplace associated with pressure and stress. These are 6 Demands, Control, Support, Relationships, Role and Change. The risk assessment process used in NHS Lothian is based on this data, and divides workplace pressures and stresses into three general categories: stressful exposures (such as noise, violence and aggression, fear of violence and aggression, poor lighting etc); capability constraints (i.e. time, staffing, qualifications, work pattern); relationships at work (individuals, groups, management, patients, customers). In addition, it is recognised that other aspects not fundamentally related to the work itself can place pressures on staff i.e. changes, perceived job insecurity, disciplinary considerations etc. Within the context of normal team management, and team meetings, a team summary of the important stresses must be documented at least annually. The format for this documentation, including a worked example, is at Appendix A. Based on this team consideration, the need for team based control measures must be identified, documented and implemented. Additionally, personal development planning for the individual staff member must include a review of this team based work related hazard identification. At this review, the need for individual based control measures should be considered and documented. The format for this documentation, including an example, is at Appendix B. When deemed appropriate by the team or requested by the individual, a review of the current risk assessment must take place. 5.2 Control Measures Control measures can be considered in relation to the grouping of stresses identified earlier: Stress from exposure Risk assessment and control of the exposure itself Individual training on the nature of the hazard and control of the causes of the stressful exposure Provision of appropriate personal protective equipment Balance of capability and expectation Individual training to enhance capability Measures to enhance team capability Adequate staffing Effective performance review and personal development review Relationships at work Effective communications Teamwork and team solutions Open systems and airing problems Others Communication regarding changes Implementation and monitoring of appropriate policies and procedures Regular contact between manager and staff, at both individual and team 7 level, is in itself an effective control measure for work related stress. The risk assessment process will in some cases identify the need for control measures with financial implications in terms of training, staffing, protection etc. In addition to the control measures aimed at eliminating the hazard or reducing risk, measures can be introduced to reduce the effect. These include stress awareness training, stress management and time management training, and individual services such as counselling and Occupational Health involvement. Details of these are recorded in the other sections of this policy. Where risk assessment indicates the potential for significant team based problems the manager may seek assistance from Human Resources and Occupational Health; specific stress audit and stress support may be indicated. 5.3 Risk Assessment Review The team-based documentation (Appendix A) should be reviewed at least annually. The individual assessment (Appendix B) should be reviewed: at each performance review/appraisal; at the request of the individual (management style and systems should encourage the airing of problems); when management consider it necessary, for example change of work or responsibility, considerations of performance. In considering situations of uncertainty, change, discipline and grievance issues, the management responsibility is not to ensure that these situations do not occur, but that the systems in place function well enough to ensure that the processes themselves do not add to the pressures felt by those involved; additionally, that the system provides the individuals with the information they need. 5.4 Risk Assessment Process A flowchart summarising the risk assessment process can be found in Appendix C. 6 Stress Audit Stress audit provides a valuable tool to identify staff perceptions of organisational structure, culture and work pressures. As such it is separate from the risk assessment process outlined above. There are a number of tools available for this purpose, including one issued by the HSE. NHS Lothian obtains stress audit data on the organisation as a whole from the regular NHS Scotland Staff Survey. Audit of small groups and teams may be instigated following discussions in partnership, including the OHS, where specific issues have been suggested or in relation to the introduction of new processes. 7 Diagnosis of Work Related Mental Ill Health Where staff members attend Occupational Health by either management or self referral with a perceived stress condition, a key function of the assessment is the identification of whether the staff member suffers from an illness which is related to their work. This situation applies in relation to stress through considering work related mental ill health. For information, the principles of the system operated by NHS Lothian in this regard are at Appendix D, which outlines the prognosis and 8 recording of occupational mental ill health. 8 Annual Staff Support and Counselling Service Report In addition to risk assessment, audit and numbers of cases of occupational ill health, the annual Staff Support and Counselling Service Report provides data on the perceptions of clients on the relevance of both home and work-related pressures in relation to their problems. 9 Critical Incidents Some events in the workplace have the potential to raise psychological issues for staff. Some of these may trigger contact with the Staff Support and Counselling Service. In order to be of maximum help to their staff, managers should make use of the guidance in Appendix F. 10 Education and Training To deal positively with stress in the workplace, NHS Lothian recognises the importance of: the link between home and the workplace; identifying particularly vulnerable groups, and; the effects of prescribed medication on work performance. These key points will be highlighted in general health education and induction programmes. It is also important that specific management training (i.e. stress recognition and risk assessment), and awareness training for employees are developed in line with this policy. Currently available to all NHS Lothian employees is a two-day Stress Resolution Programme, which is run on a regular basis: The programme will help identify what contributes to people’s stress on an organisational and personal level. It will explore the sources of stress and an individual's emotional and physical responses to stressors. The programme will be delivered in small groups, providing a safe and confidential space with time to explore the issues of stress and how this impacts on daily life. The programme aims to help individuals identify ways and strategies to manage stress. For further information, contact the Workforce and Organisational Development Department. 11 Other Relevant Policies NHS Lothian has in place a number of other policies which complement and support this policy, including the various Work-Life Balance Policies. Also of particular relevance is the Policy on Managing Employee Capability, which should be read in conjunction with this policy wherever there are issues in relation to individual performance. 9 12 Monitoring and Review Risk assessments should be reviewed in light of any changes to work activities. Regular evaluation of staff turnover, sickness absence and stress related incidents identified from the application of other NHS Lothian policies and accidents will contribute to the monitoring and reviewing of the policy. The effectiveness of the overall policy will be reviewed after a period of two years by the Lothian Partnership Forum. 10 APPENDIX A TEAM RISK ASSESSMENT Sources of Stress at Work – Work related stress hazard identification form (Used as part of ongoing team meetings and discussions to identify/recognise areas of potential stress in the workplace.) LOCATION DEPT MANAGER TEAM ROLE/OPERATION/ACTIVITY EXPOSURES (Workplace exposures recognised as a potential stressor) Controls required 1 2 3 4 5 6 CAPABILITY CONSTRAINTS (List constraints of time, staffing, qualification, work pattern) 11 2 (continued) KEY RELATIONSHIPS (List/identify key groups within or outwith the team which team members must relate to at work) Example: Controls required 1 HR Team 2 General Managers 3 Groups of Staff/Employees 4 Staff Representatives (Team to identify issues or stressors they think may be present in relation to contacts they have outwith their own teams. Individuals’ issues and control mechanisms will be discussed on a one to one basis using Appendix B.) 5 External Contacts Others 1 2 3 4 5 6 Assessment based on team input Signed ……………………………………………………………………….. (Manager) Designation ……………………………………………………………….. Date ………………….. N.B Team risk assessment when used as part of ongoing regular team discussions may produce general team concerns. Individual concerns identified as part of this process will be detailed and progressed using Appendix B. 12 APPENDIX A EXAMPLE TEAM RISK ASSESSMENT Sources of Stress at Work – Work related stress hazard identification form (Used as part of ongoing team meetings and discussions to identify/recognise areas of potential stress in the workplace.) NHS Lothian LOCATION Jane Smith DEPT MANAGER TEAM ROLE/OPERATION/ACTIVITY Lift from role of department in job description. EXPOSURES (Workplace exposures recognised as a potential stressor) Controls required 1. Lack of admin support due to staff Review admin tasks and prioritise essential vacancies / sickness tasks. Utilise Promoting Attendance policy. 2. Managing difficult people /aggression Complete Violence and Aggression risk assessment / provide relevant training to staff 4. Policies / decisions outwith our control Provide as much information as possible to e.g deadlines on Agenda for Change/ staff e.g Agenda for Change updates, Lothian uncertainty re pay / review process Report. Discuss concerns with staff. 7. Inter-agency working Need to review models of good practice. Continue to develop relationships with Edinburgh Council. CAPABILITY CONSTRAINTS (List constraints of time, staffing, qualification, work pattern) Lack of clarity over postgraduate qualifications required for the posts. Action: Complete KSF post outlines Staff doing A & C tasks due to staffing constraints. Action: Repeat unique review 13 2 (continued) KEY RELATIONSHIPS (List/identify key groups within or outwith the team which team members must relate to at work) Controls required 1. Staff within the immediate department Communicate with mutual respect and understanding. Possibly develop a team contract. 2. Staff within the extended department Foster relationships. Develop lines of communication / procedures for referral. 3. Managers Use the phone rather than email on individual issues. 4. All staff Utilise influencing and coaching skills. Provide training in this if required. Others 1 2 3 4 5 6 Assessment based on team input The team managed to identify stressors and potential controls well through discussion and negotiation. Signed ……………………………………………………………………….. (Manager) Designation ……………………………………………………………….. Date ………………….. N.B Team risk assessment when used as part of ongoing regular team discussions may produce general team concerns. Individual concerns identified as part of this process will be detailed and progressed using Appendix B. 14 APPENDIX B INDIVIDUAL RISK ASSESSMENT Sources of Stress at Work – Work related stress hazard identification form (Used as part of employee’s ongoing KSF/Performance Review based on Team Risk Assessment dated: ……………...) LOCATION DEPT MANAGER NAME ROLE/OPERATION/ACTIVITY EXPOSURES (Workplace exposures recognised as a potential stressor) Individual control measures CAPABILITY CONSTRAINTS (List constraints of time, staffing, qualification, work pattern) Individual control measures 15 2 (continued) KEY RELATIONSHIPS (List key groups within or outwith the team which team members must relate to at work; starting point is team risk assessment – see Appendix A.) Individual stressor control measures 1 Others 2 3 4 5 6 Signed: …………………………………………… Team Member Date: ………………….. 16 APPENDIX B EXAMPLE INDIVIDUAL RISK ASSESSMENT Sources of Stress at Work – Work related stress hazard identification form (Used as part of employee’s ongoing KSF/Performance Review based on Team Risk Assessment dated: ……………...) LOCATION NHS Lothian DEPT MANAGER NAME ROLE/OPERATION/ACTIVITY EXPOSURES (Workplace exposures recognised as a potential stressor) Individual control measures 1. Lack of admin support due to staff Review admin tasks and prioritise and vacancies. undertake essential tasks only until situation resolved. 2. Managing difficult people/aggression Attend Violence and Aggression training. Regularly discuss how to manage difficult people with line manager. CAPABILITY CONSTRAINTS (List constraints of time, staffing, qualification, work pattern) Individual control measures Required to undertake A & C tasks Prioritise admin tasks and professional tasks. therefore less time to do professional tasks Discuss this prioritisation with line manager regularly. 17 2 (continued) KEY RELATIONSHIPS (List key groups within or outwith the team which team members must relate to at work; starting point is team risk assessment – see Appendix A.) Individual stressor control measures Managers 1 If there is lack of clarity or concern in relation to tone of an email, phone the staff member concerned Others 2 3 4 5 6 Signed: …………………………………………… Team Member Date: ………………….. 18 APPENDIX C RISK ASSESSMENT PROCESS Annual Team Risk Assessment Annual Individual Risk Assessment/PDP Stress Hazards Identified Reduce the Effect Training and/or Counselling Control Measures Identified – seek advice as necessary Implement Control Measures. Monitor and Review No Stress Identified No Stress Identified No Action Stress Identified Further Support Guidance and This process should be repeated as appropriate, for example on specific request or when there is organisational change. 19 – APPENDIX D Recording of Occupational Mental Ill Health NHS Lothian requires to gather Health and Safety data on the number of staff suffering work related mental ill health and the resultant sickness absence. This requirement defines the need for a standard recording and diagnostic system. Diagnostic system The diagnostic system used for all occupational ill health recording in NHS Lothian is as follows: 1 The responsibility for diagnosis rests with the Occupational Health professional to whom the individual has been referred. The process may involve seeking reports, clinical examination and investigations. When a decision is reached as to whether the condition is considered related to work or not, in all cases the individual is informed of this conclusion. 2 It is not considered possible to diagnose occupational illness in a clinic without consideration of the workplace itself. Diagnosis therefore requires direct contact with line management, seeking of reports, and where appropriate investigation. Contact with management involving direct considerations of a clinical case may only proceed where the staff member’s consent has been obtained. In circumstances where the diagnosis of occupational causation cannot be confirmed without managerial contact and the patient withholds consent, the case is categorised as not confirmed. Basic principles for occupational mental ill health reporting 1 Only cases where in the view of the Occupational Health professional work or workplace considerations are the predominant factor in inducing mental ill health will be recorded. A crucial test will be whether it is considered that in the absence of the occupational incident or exposure there would have been a significant difference in the individual’s underlying mental health. 2 Occupational stress is regarded as a physiological process or response, rather than a diagnosis of ill health itself. Individuals will only be recorded on the system where occupational factors have resulted in significant ill health recognised by national or international systems of disease classification. 3 It is important to include some estimate of the causative factors of work responsible for the mental ill health. Without such data appropriate corrective action and learning from experience cannot occur. 4 There are work related factors such as job uncertainty, termination of employment and the operation of disciplinary procedures which, even when handled appropriately by management, may nevertheless result in stress and in turn mental ill health. It is not considered that these events are preventable under the legal obligation placed on management by the Heath and Safety at Work Act and as such they will not be recognised within this system as occupational mental ill health. The system will however record incidences of this type separately under a category of non-occupational workplace mental ill health. 20 Categories of occupational mental ill health reporting Category M1 Significant occupational mental ill health related to specific workplace exposures ie toxic chemical, risk of violence and aggression, noise etc. Category M2 Significant occupational mental ill health related to the imbalance of capability and work load/work contact ie work overload, work underload etc. Category M3 Significant occupational mental ill health related to interpersonal or interorganisational relationships at work ie bullying, managerial style, workforce attitude, lack of autonomy, relations with colleagues. In addition to the three categories of occupational mental ill health data will also be recorded on the incidence of the following category: Category M0 Significant mental ill health related to workplace factors, but not in relation to the duties of the employer under the Health and Safety at Work Act, ie job uncertainty, termination of employment, operation of disciplinary procedures. (Note – the existence of disciplinary case or job uncertainty etc does not in itself determine the categorisation of any mental ill health as M0. Against a backdrop of M0 issues, significant mental ill health can occur related to M1, M2 or M3 and would be categorised accordingly.) 21 ADDITIONAL INFORMATION AND GUIDANCE APPENDIX E 1 STRESS RECOGNITION Managers and supervisors will be trained to understand the causes of stress and to recognise the signs and symptoms of stress in the people working for them. Managers should, more importantly, be aware of stress within themselves and the impact this can have on others. Individuals will also be trained to recognise the signs of stress within themselves. Daily contact with employees by managers and supervisors will enable recognition of stress-related symptoms. As part of part NHS Lothian's Policy on Promoting Attendance at Work, where it is suspected that stress may be the cause, it should be fully investigated and the causes, where reasonably practicable should be eliminated. Managers should also plan an individual’s return to work after a stress-related illness to ensure ongoing support is provided. 2 WORK RELATED STRESS FACTORS There are many factors in the workplace that can cause an increase in pressure, which can result in stress and mental ill health. It is convenient to divide these into three groups. (i) Stressful exposures There are a number of workplace hazards, for which you will already have risk assessments, which can result in pressure and stress on staff. These include: i) ii) iii) iv) threat of violence and/or aggression noise fear of chemical exposure lack of work space (ii) Imbalance between capability and expectation Imbalance between an individual’s capability and workload is a common cause of pressure and stress in a number of situations: i) ii) iii) iv) work overload work underload work beyond an individual’s knowledge or skills work much below an individual’s knowledge or skills (iii)Relationships at work Interpersonal relationships in the workplace can also result in pressure and stress on individual or groups of staff, for example: i) ii) iii) iv) tension and conflict between colleagues poor relationships with clients/patients management style bullying and harassment 22 The important elements of the team member’s activity should be documented using the work related stress hazard identification form. The form should be completed based on discussions of the team and the individual’s role and work. 3 SIGNS & CAUSES OF STRESS (i) Signs that may indicate a stress problem may include: Work Performance: a reduction in output or quality; increased wastage or mistakes; accidents; poor decision making. Employee Attitude and Behaviour: loss of motivation; working longer hours for diminishing return; not taking annual holidays; reluctance to let go; erratic timekeeping. Sickness Absence: increase in overall absence; frequent short absences. Relationships at Work: tension and conflict between colleagues; poor relationship with customers and/or clients; increased disciplinary problems; lack of communication; mood swings. (ii) Stress can be due to one or more of the following causes: Work Environment: excessive heat; noise; humidity; vibration; hazardous substances; overcrowding; unsuitable work equipment or furniture; inadequate welfare facilities (toilets, rest areas, etc); new technology. The Job: excessive or insufficient workload; unrealistic deadlines and targets; lack of direction, goals or objectives; inadequate or too much supervision; job isolation; pace and flow of work; boring or repetitive work; excessive or lack of skills and/or aptitude; and under-utilisation of skills. Contractual Problems: unsociable hours, shift work; insecurity (reorganisation, redundancy, temporary contracts); and low pay. Relationships: lack of communication; lack of leadership; lack of support; exclusion; bullying; sexual and racial harassment. The above causes of stress are only examples and the list is not exhaustive. It should also be noted that each case should be considered individually, as what would cause one person stress may be acceptable to another. 4 PHYSICAL SYMPTOMS Personal signs and symptoms: If excessive pressure has led or is leading to stress and this becomes prolonged, it is likely that there could be an increase in the following: back pain, increase in alcohol intake, increased smoking, drug taking, irritability, lack of concentration, stammering, headaches, visual problems, muscular pains, tiredness, disturbed sleep patterns, insomnia, shortened temper, change in appetite or loss of self esteem. 23 5 LIFESTYLE Some of the following lifestyle factors may indicate that there is a potential problem: eating on the run and constantly rushing, hurrying. being available to everyone, doing several jobs at once taking work home with you having no time for exercise or relaxation. 6 STEPS TO REDUCE STRESS Steps that management can take may include: Reduce/Increase Workload: a temporary reallocation of work or consideration of work methods to enhance productivity may make a workload more manageable or reasonable. Alternative Work: where the nature of the work is the source of stress, the employee or the manager may consider voluntary transfer to another job or section. Reduced Hours: fewer or changed hours may reduce the pressure at home or at work. If hours worked are excessive, or breaks or holidays are regularly not taken, this must be tackled by reviewing the workload. Job Redesign: if the balance of tasks within a job is problematic, consider changing it through planning, rotation, automation or different work distribution within a section. Increased Supervision: if particular aspects of the work are the source of the problem, increased involvement and support from the supervisor may alleviate some of the concerns. Management Style: if the style or mode of supervision is the source of pressure then consider changing or adopting a different management or supervisory style, where appropriate. Management should ensure that work aims, objectives, targets and priorities are known and clearly understood by all employees when implementing any of the above measures. 7 AREAS OF SUPPORT AVAILABLE The following support should be considered: Management Support: a supportive environment in which employees can approach their line manager should be provided. The acceptance and recognition of stress as a genuine problem that requires management support and action is encouraged. Managers should tackle signs of stress both proactively and reactively. Managers should however be aware of their own limitations in counselling staff with problems. Employee Approach: employees are encouraged to be open and speak to their manager if they are experiencing problems or are aware of a situation that may lead 24 to a stress problem, on either an individual or a group basis. Employees may also approach their trade union representative or seek confidential support from the Staff Support & Counselling Service. Employees who feel the problem is not being adequately addressed by their manager, or who feel that they are unable to discuss the situation openly with their manager, may contact any other of the sources of support mentioned for advice. The Staff Support & Counselling Service: access to a qualified counsellor at no charge, with time off work with pay, if necessary, is currently available. Development & Training: ensure the identification and meeting of training needs, particularly where an employee moves to a new or changed role. Training to enable managers and individuals to recognise and manage stress will be available through management development programmes. Confidential Contacts: Under NHS Lothian’s Policies on Dignity at Work, Equal Opportunities and Race Equality, the organisation has identified and trained a number of individuals who can be contacted by employees who feel they may have been subject to bullying, harassment or discrimination in order to discuss their situation and to seek support in making a decision about how they wish the matter to be dealt with. The Confidential Contact has no formal role within the Dealing Positively with Stress at Work procedures and is not expected or trained to fulfil a professional counselling role. It is important to understand that the Confidential Contact is only there to support the individual in making the decision about the way forward – not to make the decision for them. Occupational Health: advice is available from the Occupational Health Service for staff with health problems that either affect their work or are affected by their work. In the event that an employee is absent with work-related stress, then they should be referred to the Occupational Health Service, following a meeting with management, at the earliest opportunity. Any such referral should clearly be seen as supportive. Further discussions should occur on receipt of the Occupational Health Service's report and any recommendations/actions discussed openly between management and the individual. 25 APPENDIX F Psychological First Aid Information for Managers Introduction Working in the NHS can involve staff facing a range of challenges and unpredictable situations. Such events can be difficult for the individuals directly involved, their colleagues and managers. This information sheet aims to give guidance for the support and management of the staff affected. Definition of a Critical Incident Formal Definition: Person exposed to event in which:- they experienced, witnessed or were confronted with an event, or events, that involved actual or threatened death, or serious injury, or a threat to the physical integrity of self or others, AND - the person’s response involved intense fear, helplessness or horror. In more general terms a critical incident within our work context could involve a serious assault, suicide, life threatening accident, perceived threat or other traumatic event. Management Response It is important that all staff who have had ANY involvement in, or exposure to, a traumatic event have the opportunity to be supported. Individual reactions to such event can vary enormously, as will individual support networks and attitudes towards asking for help. Therefore, it is a manager’s responsibility to check with all concerned as to how they are coping. Research informs us that the acknowledgement of a traumatic event by managers and early informal support has a major impact on long term recovery. It is also important that staff are aware of the range of normal responses to an abnormal event. See the separate information leaflet, Critical Incident Protocol: Information for Staff, available from the OHS and HR Departments. Suggested below is a process for supporting staff in the immediate aftermath of a critical incident * Incident * 1. Identify who is on shift – make a list of all personnel, any of whom may be affected by the incident. 2. Prioritise from the list key individuals involved in the situation; this should include immediate witnesses to the event, but may include others e.g. telephonist. 3. Make time to check with individuals to find out how they are feeling. This 26 needs to happen as soon as possible after the event in order to reassure staff with regards to their safety and any practical help that can be offered. In some situations this may involve staff going home or some time out. Being offered the support is often more helpful than anything else. 4. Listen to staff concerns and allow them to express their feelings. 5. Ensure that all staff are aware of typical reactions to trauma so that feelings are normalised and people reassured; offer the information leaflet to take home and share with others in a support network. 6. Arrange to check in with staff 2-3 weeks after the event to give recognition to what has happened and facilitate the ‘moving on’. 7. Encourage informal support within the group affected, even where there may be confidentiality boundaries. It is very important for staff to know they can, and may need, to talk about their feelings. 8. Ask Occupational Health for advice or support at any stage in the process if required, and ensure information on the Counselling and Support Service is available to all. 9. When giving information about Occupational Health and the Counselling Service please ensure the incident is reported to these services in order that appropriate response and support can be offered. 10. Continue to provide any appropriate information regarding the event so that staff have answers to likely concerns regarding the outcome or consequences of the event. 11. If formal proceedings or investigations are implemented, managers should keep relevant staff informed as much as possible – particularly if staff are suspended or under investigation. Occupational Health Enquiries: 0131 537 (4)9364 Staff Counselling Service: 0131 537 (4)9373 27 EMPLOYMENT POLICIES AND PROCEDURES PROMOTING ATTENDANCE POLICY AND PROCEDURE Technical Update FEBRUARY 2012 Unique ID:PA Category/Level/Type: Final Status: Revised Date of Authorisation: February 2011 Date added to intranet: March 2012 Key Words: Promoting Attendance. Absence Author: HR Policy Group Version: 4.0 Authorised by: Lothian Partnership Forum Review Date: January 2014 Comments: 1 CONTENTS 1 INTRODUCTION 1.1 Principles & Values 1.2 Scope 1.3 Aims 3 3 3 3 2 TYPES OF ABSENCE 2.1 Short Term Sickness Absence 2.2 Long Term Sickness Absence 2.3 Unauthorised Absence 2.4 Medical and Maternity Suspension 2.5 Other Absences 3 3 3 4 4 4 3 NOTIFICATION AND EVIDENCE OF ABSENCE 3.1 Notification Requirements 3.2 Evidence Requirements 3.3 Statement of Fitness to Work – ‘Fit Notes’ 4 4 5 5 4 ABSENCE MANAGEMENT PROCEDURE 4.1 Health Assessment during the Recruitment and Selection Procedure 4.2 Procedure for the Management of Absence 4.3 Maintaining Contact 4.4 Annual Leave During Sick Leave 5 5 6 7 8 5 OCCUPATIONAL HEALTH SERVICE 5.1 Referral to the Occupational Health Service 5.2 Self-Referral to the Occupational Health Service 5.3 Outcomes from an Occupational Health Service Referral 8 8 9 9 6 REHABILITATION AND SUPPORT TO REMAIN AT OUR RETURN TO WORK 6.1 Phased Return to Work 6.2 Rehabilitation Return 6.3 Temporary Modification/Placement 6.4 Unsuccessful Rehabilitation 6.5 Permanent Incapacity in Current Post 6.6 Ill Health Termination 6.7 Terminal Illness 10 10 11 11 12 12 12 13 7 ILLNESS OR INJURY AT WORK 13 8 RECORDING AND MEASURING ABSENCE 13 9 MONITORING AND REVIEW 14 APPENDIX A Guidance on Return to Work Discussions 15 APPENDIX B Record of Return to Work Discussion 16 APPENDIX C NHS Lothian OHS Management Referral form and Employee Consent form 18 APPENDIX D Guidance on the Disability Discrimination Act 1995 21 APPENDIX E Guidance on Rehabilitation Programmes 22 APPENDIX F Incapacity Dismissal Procedure 24 APPENDIX G NHS Injury Benefits Scheme 26 APPENDIX H Bank Shifts/Additional hours scheduled during or immediately after an episode of sickness 27 APPENDIX I Good Practice Guidance Management Tool – Traffic Light System For Managing Attendance at Work 29 2 1.0 INTRODUCTION 1.1 Policy Principles and Values NHS Lothian aims to adopt a positive approach to the management of sickness absence. A key principle of this approach is the commitment to fair and consistent treatment of all staff who are absent from work on the grounds of ill health, combined with a recognition that each case must be dealt with individually, taking account of the person concerned and the nature of the illness. This policy supports an employee’s right to self-refer to the Occupational Health Service. 1.2 Scope This policy and its procedure applies to all NHS Lothian employees. 1.3 Aims The primary aim of this policy is to ensure that managers throughout NHS Lothian adopt a fair, consistent and supportive approach to staff with health problems. To maintain a consistent and fair approach all managers and supervisors with responsibility for absence management will receive training on the effective application of this policy. This policy also aims to: provide a healthy and safe workplace; ensure effective monitoring and a reduction in the sickness absence rate across NHS Lothian; facilitate workplace rehabilitation actions to allow timeous return to work; resolve long term absence through the most appropriate means available; promote joint training for trade union / professional organisation representatives and managers to ensure consistency of approach; effectively communicate the aims, procedures and potential outcomes of this policy through involvement and communication with employees. 2 TYPES OF ABSENCE Sickness absence occurs where an employee is unwell and unable to attend work through illness, disability or injury. This absence may be self-certificated or medically certificated (see Section 3 of this policy) and may be categorised as short term or long-term sickness absence. 2.1 Short Term Sickness Absence Short term sickness absence is defined as any period of absence of less than 4 weeks in length. 2.2 Long Term Sickness Absence Long term sickness absence is defined as absence of more than 4 weeks in length which is subject to medical certification and which may or may not have a specified end date. 3 2.3 Unauthorised Absence When an employee fails to follow notification procedures absence is regarded as unauthorised and will normally lead to a loss of pay and referral to the NHS Lothian Management of Employee Conduct: Disciplinary Policy and Procedure. 2.4 Medical & Maternity Suspension NHS Lothian has a duty to take all reasonable steps to ensure the health and safety of its staff. Staff can therefore be suspended from work if it is believed that an employee may be at particular risk or may be a risk to others. For example, you may be suspended if you become seriously allergic to a chemical at work, or if you are a newly expectant mother working in a lab that uses radiation. Any decision to suspend should be based on a risk assessment. A decision may be made to medically suspend an individual if there is a concern that the employee’s fitness to practise is impaired due to either physical or mental health issues. As before, any decision should be based on a risk assessment. Where it is identified that suspension from duty is appropriate this will be enforced pending a formal medical opinion obtained from the Occupational Health Department. Where possible an ER Manager should be consulted before enforcing such a suspension on full pay. 2.5 Other Absences It is recognised that some absences that are classified as sickness are in fact some other form of absence, for example medical suspension or a period when an employee is prevented from coming to work due to infection control. Absences of this kind should not be classified, treated or recorded as sickness absence. Further guidance on classification of absences can be found in Appendix A of NHS Lothian’s Absence Recording Policy. 3 NOTIFICATION AND EVIDENCE OF ABSENCE As a first stage in the management of absence it is essential that every employee, from the date of appointment, is aware of their local departmental procedure for notifying and providing evidence of their absence. Evidence of absence should be provided where required (see below), without gaps, and the manager must ensure that all dates and personal information are accurate. Employees should also be made aware of the consequences of failure to comply with the procedure. In some circumstances such as planned and elective treatments, the employee will be aware well in advance that the absence will occur. In these circumstances, the employee should give management as much notice as possible of likely future absence. 3.1 Notification Requirements On the first day of absence the employee will notify his/her absence in accordance with departmental policy. This notification must be made by telephone to the identified manager/supervisor in line with departmental policy. The manager/supervisor will clarify with the employee, or, in exceptional circumstances, the person phoning on behalf of the employee, the nature of the absence and an indication of the likely duration. If there is any subsequent change in the likely duration of the absence, the appropriate manager/supervisor must be notified as soon as possible. In all cases of absence, the manager should be notified, wherever practicable, of the date of return no later than the day prior to commencement of the employee’s first shift after returning from absence. 4 3.2 Evidence Requirements 3.2.1 Absence of 1 to 3 calendar days (inclusive of non-working days) The employee will be required to notify the absence in accordance with the rules for notification, but need not submit a written self-certificate. 3.2.2 Absence of 4 to 7 calendar days The employee will be required to submit a self-certificate of absence (Form SC2) within 8 calendar days of the first day of absence. SC2 forms may be obtained from the line manager, the Employee Relations (ER) Department, GP practices or the local office of HM Customs and Revenue. The form may also be downloaded from the Customs and Revenue website, www.hmrc.gov.uk. 3.2.3 Absence of 8 calendar days or longer The employee will be required to submit a fit note to the manager/supervisor for all periods of absence exceeding 7 days. If the absence continues beyond the period covered by the first fit note, further fit notes must be submitted timeously to cover the full period of absence. If there are delays in obtaining a GP appointment, the member of staff should phone in to advise of the situation, and ensure the fit note is sent in as soon as possible thereafter to ensure continuity of pay. NB: Altered, defaced or photocopied fit notes will not be accepted. Alteration of a fit note in any way will also lead to investigation under the Management of Employee Conduct Policy and may lead to dismissal. 3.3 Statement of Fitness to Work – ‘Fit Notes’ The fit note will advise the employer if the employee is unfit for work or alternatively if they may be fit for work subject to support. Where it is confirmed that an employee may be fit for work, however they have not yet been referred through the NHS Lothian Occupational Health Service, managers may use their discretion to implement GP recommendations eg phased return to work. Occupational Health advice may be sought for more complex cases. Further information on the Statement of Fitness for Work ‘Fit Note’ is available on line at: http://www.dwp.gov.uk/fitnote/ 4 ABSENCE MANAGEMENT PROCEDURE 4.1 Health Assessment During the Recruitment and Selection Procedure The management and control of absence should begin during the recruitment and selection process. However, in line with the Equality Act 2010, it is important that no questions regarding a candidate’s health or absence record are asked prior to an offer of employment being made. Confidential pre-employment health assessments must be undertaken by the Occupational Health Service to ensure that all potential new employees are fit to undertake the duties of the post. Confirmation that the Occupational Health Service has undertaken a health assessment and a satisfactory outcome has been notified must be obtained before any conditional offer of employment is confirmed. Where an offer of employment is the result of redeployment on health grounds, the role of the Occupational Health Service will be to confirm the alternative post as suitable. Where a potential new employee is deemed to have a disability in terms of Disability Discrimination legislation within the Equality Act 2010 – and in any other cases where the Occupational Health Service so advises - consideration will be given to the feasibility of reasonable adjustments to the post or the workplace; see also Appendix D. 5 During the departmental induction process all new employees should be advised of local rules covering notification and evidence of absence. The following points should be stressed: 4.2 the importance of adhering to timescales for notification; that rules for notification of absence apply equally to absence spanning periods of rostered days off and occurring during periods of annual leave or public holidays; the procedure for notifying return to work from a period of absence. Procedure for the Management of Absence It is inevitable that employees will, on occasion, be off work through illness. This procedure is intended to ensure that staff are treated in a consistent and fair manner throughout NHS Lothian. Managers should adopt a sympathetic and understanding approach at all times when dealing with staff on sickness absence. Staff may already be concerned about their future in employment and, particularly for those on long term sick leave, undue pressure from their manager could seriously affect their efforts to get back to work. In all circumstances, if the employee so wishes, his/her staff representative will be kept fully advised of all developments and be present at any meeting with the employee. Every spell of absence will be recorded and monitored. The standard measurement for calculating time lost is: Sickness Hours in Month Available Hours 4.2.1 x 100 = Percentage Figure Return to Work Interview On return from every spell of absence, the manager/supervisor will discuss the absence with the employee and if appropriate ensure a self-certificate of absence form has been completed. A short summary of the discussion should be compiled and the content agreed with the employee. This should be done in accordance with the guidance contained in Appendices A and B. 4.2.2 Managing Absence In general, absence may be defined as being high if there are 4 or more spells of, or 10 days, absence, within a 12 month period, whether or not the causes of absence are related. Where a manager establishes that there are frequent periods of short-term absence which are causing concern and disruption to the workplace, the manager should advise the employee regarding absence levels and explain that high levels of absence cannot be sustained. Reference can be made to Appendix I, an example of a Traffic Light System, as one good practice tool to support managers in the management of staff absences. If appropriate, agreement should be reached on a reasonable period of time (e.g. 3 or 6 months) during which attendance will be monitored and a defined level of improvement is expected to be achieved and maintained. Warning may need to be given that, ultimately, if there is no lasting improvement then employment is at risk and the contract may be terminated. Individual circumstances will determine at what stage, and how often, an employee should be warned of this possible outcome. Where practicable and available, relevant assistance should be offered to the employee. In addition, it may be appropriate to suggest referral to the Occupational Health Service. If, after formal discussion, an employee’s level of attendance fails to improve, or when it is known that a longer absence will last more than 4 weeks, the manager/supervisor should 6 consult with the ER Department regarding a referral to the Occupational Health Service or ongoing management of the case. 4.2.3 Absence Reviews The need to review absences at an early stage, whatever the circumstances, is paramount. Failure to do so can mean that the employee is unaware that full or half occupational sick pay is about to expire. Failure to take action when a pension is involved could mean the employee having no source of income for a number of weeks while the pension is processed. A series of regular reviews should be carried out to assess and monitor staff when they are off sick. All necessary review and decision dates should be set out in light of an individual’s sick pay entitlements. This will ensure that staff are promptly reviewed and necessary decisions taken before their sick pay ends. For those members of staff on long term absence this would culminate in a final review where a decision on the appropriate way forward is made i.e. return to work, redeployment or termination of contract. To ensure that managers meet their responsibilities in relation to reviewing absences from work, sick pay for those who have exhausted sick pay entitlements will be reinstated at half pay, after 12 months of continuous sickness absence, in the following circumstances: staff with more than 5 years reckonable service - sick pay will be reinstated if sick pay entitlement is exhausted before a final review meeting for long term absence has taken place. staff with less than 5 years reckonable service - sick pay will be reinstated if sick pay entitlement is exhausted and a final review does not take place within 12 months of the start of their sickness absence. Reinstatement of sick pay will continue until a final review meeting has taken place. Reinstatement of sick pay is not retrospective for any period of zero pay in the preceding 12 months of continuous absence. These arrangements will only apply where the failure to undertake the final review meeting is due to delay by the employer. This provision will not apply where a review is delayed due to reasons other than those caused by the employer. 4.2.4 Extending Sick Pay Entitlements Managers will have the discretion to extend a member of staff’s period of sick pay on full or half pay beyond the occupational entitlement in the following circumstances: Where there is the expectation of return to work in the short term and an extension would materially support a return and or assist recovery. Particular consideration should be given to those staff who have not yet accrued service to qualify for full sick pay entitlements. In any other circumstance that is deemed reasonable. Prior to any extension of sick pay advice should be obtained from the local ER Manager to ensure appropriate application of this provision. 4.3 Maintaining Contact Managers are advised, where agreed and without exerting any kind of pressure, to make regular contact with the employee to offer help and support and to make him/her aware of their pay situation. Home visits should only be made in exceptional circumstances and must not be made to employees during periods of sickness absence without prior consultation and agreement with the ER Department, the employee and, if relevant, the staff representative to ensure that this is an appropriate course of action in the circumstances. 7 Telephone calls may, depending on individual circumstances, be more appropriate. An appropriate call might begin with confirmation that a new medical certificate has been received. The opportunity to periodically write to members of staff who are absent to offer additional support should be taken as appropriate by line managers in consultation with the ER Department. 4.4 Annual Leave during Sick Leave It is recognised that staff on sick leave will accrue annual leave during the period of their sick leave. Staff will receive any outstanding statutory leave due to them either on their return to work or at the point of termination. 5 OCCUPATIONAL HEALTH SERVICE 5.1 Referral to the Occupational Health Service The purpose of management referral to the OHS is: to obtain an understanding of the relevance of the illness in relation to the work circumstances of the employee, including consideration of whether the illness should be considered as being work related; to establish if any additional support can be offered to assist the employee with their health problem and their rehabilitation to work; to be able to make an informed assessment of a likely return to work, to enable the head of the department to plan the work of the department accordingly. It is imperative that the management referral provides any relevant background information to provide context to the absence, and that a current job description is provided. The outcome of a management referral is a report to the referring manager to provide advice, and in particular to answer the questions posed by the referral. Typical questions include: - Is the employee fit for work? - When will the employee be fit for work? - Is the condition a result of work activity? - Will work aggravate the condition? - Are modifications (temporary or permanent) needed to allow a return to work? - Is there a clear medical cause for frequent short-term absence, and is it likely to continue? - Is the Disability Discrimination Act relevant in this case? The OHS may also suggest a review frequency and provide further updating reports. Where appropriate the OHS will seek (with employee consent) reports from the employee’s GP or specialists before providing advice. OHS reports do not normally include any clinical detail, unless it is considered necessary for management to know the information. In these circumstances the OHS will seek further employee consent. After an employee has been absent for 4 weeks or longer advice should be sought from the ER Department, and if appropriate from the Occupational Health Service, and a decision will be taken on whether referral to the OHS is appropriate. If it is considered appropriate to refer the employee to the Occupational Health Service, the head of department will enter into a sympathetic correspondence to obtain the employee’s written consent. All correspondence will contain an offer of help and support and an update 8 regarding entitlements to pay and benefits. There must be no suggestion of harassment of an employee to return to work no matter how difficult the departmental circumstances may be as a result of the absence. It should be recognised that each employee’s circumstances will be different and it will not always be necessary to refer the employee as early as 4 weeks. Where it is feasible and appropriate, a meeting will be arranged between the manager and the employee to allow the manager to obtain information for a management referral to the Occupational Health Service. The employee, if he/she wishes, may be represented or accompanied by his/her staff representative or a work colleague at this meeting. Any management referral sent to the Occupational Health Service should be copied to the designated Employee Relations contact. The relevant Management Referral Form, with associated Employee Consent Form, may be found at Appendix C. Where an employee: refuses to provide any other appropriate medical information or fails to attend Occupational Health Service appointments; refuses to consent to information being provided by their GP to the Occupational Health Service; refuses to undergo an independent medical examination; the line manager will notify the ER Department accordingly. In these circumstances it must be explained to the employee that decisions will still be made concerning their employment and will therefore be based on the limited information available at the time, i.e. with no independent assessment of their medical status. 5.2 Self-Referral to the Occupational Health Service Employees can self-refer to the OHS at any time, including in relation to causes of sickness absence. In addition to providing support, the OHS may suggest that a report to management would be of benefit. In these circumstances if the employee consents a report will be sent to the line manager. 5.3 Outcomes from an Occupational Health Service Referral The report from the Occupational Health Service is likely to indicate one of the options detailed below: In all options involving a return to work reference should be made to advice given by the employee’s General Practitioner through reference to the fit note. 5.3.1 Fit to Work It is anticipated that the employee will be medically fit to work within a reasonable specified timescale. In this case the line manager should continue to monitor the employee’s absence and, taking into account the needs of the department, should keep the employee’s position open. Once fit to work the employee may return to their normal role and working pattern or may be supported by the options detailed in Section 6.0 below as appropriate. Should the timescale for the return be extended at a later date, the manager will need to reconsider the position and may need to discuss options of redeployment or termination of the employee’s contract on the grounds of incapacity. 9 5.3.2 No Underlying Health Cause The Occupational Health advice may indicate that there is no underlying health cause to the absence. This is more common in cases of frequent, short-term absence. In such cases, the member of staff should be advised that if they are unable to achieve a regular and effective service, it may be necessary to consider termination of their contract. 6.0 REHABILITATION AND SUPPORT TO REMAIN AT OR RETURN TO WORK NHS Lothian recognises the clear benefits to both staff and the organisation that rehabilitation programmes and continued attendance at work provide and will endeavour wherever possible to support such programmes. Rehabilitation programmes may take a number of forms as detailed below. In normal circumstances the phased return to work, as detailed in section 6.1, will be the initial option considered. Alternatives such as rehabilitation return, temporary modification/placement can only be used on the recommendation of the Occupational Health Service. 6.1 Phased Return To Work After a prolonged period of absence or severe ill health, it may be identified that although the employee is in the process of full recovery, a return to the full demands of the post may not be immediately possible. In such circumstances a phased return to work may be appropriate. In most cases a phased return to work occurs after prolonged absence. Many staff will have already been subject to an Occupational Health referral and the Occupational Health Department will advise on the make up of a phasing programme. However in the absence of Occupational Health advice, managers can implement simple phasing programmes based on their own experience or advice from the General Practitioner specified on the fit note (see section 3.3). A phased return to work will normally be no longer than 6 weeks in duration and may take one of the following formats: A return to the existing role with modified duties; A return to the existing role with modified hours; A combination of the above. The member of staff will be entitled to normal pay during a phased return. Prior to the end of the six week period, advice will be obtained from Occupational Health regarding the member of staff’s progress and timescales for an anticipated return to the full duties of the substantive post. Where a phased return has been implemented without Occupational Health advice and it appears that the employee is unlikely to reach full fitness within the 6 week period, referral to Occupational Health must be made and advice sought. On receipt of advice discussion will take place with the employee, their representative, line manager and the designated ER Practitioner to consider the scope for continuing the phased return on the above basis with due consideration for the exigencies of the service. Where the phased return is extended beyond the six week period discussion should take place around the format of the extension including the use of outstanding annual leave to extend normal pay or the potential for redesignation of the staff member’s return to a different category of rehabilitation. In the event that the phased return to the full duties/hours of the post is unsuccessful reference should be made to options available in section 6.4. 10 6.2 Rehabilitation Return It is recognised that on occasion rehabilitation to work may take significantly longer than the 6 weeks of a conventional phased return to work and in these circumstances a rehabilitation return programme may be agreed. It is also recognised that there are some circumstances where, despite some recovery from ill health, it is unclear to medical advisers and Occupational Health whether the employee’s recovery will allow them to return to work in their substantive post, and in these circumstances a rehabilitation programme may be used as a means of testing the capability of the employee to return and the suitability of types of work. Such a programme can only be instigated following Occupational Health advice on the member of staff’s progress, estimated timescales and anticipated return to full duties, and will take account of the needs of the service. During the rehabilitation return to work the member of staff will be entitled to normal pay for the first six weeks, and thereafter payment will be linked to outstanding sick pay entitlements whereby the employee will continue to be paid in line with remaining full pay and half pay entitlement. When full sick pay entitlement is exhausted and the period of half pay is reached the employee will be paid the greater of either half pay entitlement or hours worked at the band of the post they have returned to. On expiry of the sick pay period payment will be at the rate of the job for the number of hours worked (See Appendix E for examples). When determining the arrangements for a rehabilitation return there is always a need for discussion with the employee, their representative, line management and designated ER Practitioner, with regular reviews of decisions and updates of Occupational Health advice. As with phased returns, rehabilitation returns may require amendment to role, hours, or both, or alternatively there may be a need for the staff member to be temporarily placed in a different role from their substantive post, eg temporarily unfit for clinical duties. In the event that the rehabilitation return to the full duties/hours of the post is unsuccessful, reference should be made to options available in section 6.4. 6.3 Temporary Modification / Placement It is recognised that situations may arise where a member of staff, for a relatively fixed period, is temporarily unfit to undertake their full role, but remains fit for some work. These situations may arise for example in relation to staff members awaiting investigation or surgical procedures, or in relation to relatively short term exacerbations of known health conditions. In these circumstances it is recognised that there may be significant benefit, both for the member of staff and for NHS Lothian, in allowing the staff member to remain at work in a temporarily modified role or a temporary placement in a different role. Where possible temporary modification of duties or placement should be used pro-actively prior to the commencement of absence as a means of preventing the member of staff going off sick. All cases of fixed term temporary modification or placement require advice from Occupational Health on the required modifications, and probable duration of the term. In most cases, action of this type will centre around modification rather than placement, and placements when occurring should normally be arranged within the individual’s local directorate/management. Extension of the search for suitable placement outwith the local management area should only occur when local management have confirmed the lack of local availability. As with rehabilitation returns, advice to consider a temporary placement/modification should trigger discussions with the employee, their representative, line manager and designated ER Practitioner. 11 On completion of the period of temporary modification/placement, a decision will be reached on the return of the individual to their contracted role, which may entail a phased return, rehabilitation return, the need for permanent modification or redeployment. An additional important use of the temporary modification/placement system is for staff considered unfit for their contracted role and moving through the redeployment process. For such staff, temporary placement is often of significant benefit, both to the staff member and to NHS Lothian as an alternative to sickness absence while redeployment action proceeds. 6.4 Unsuccessful Rehabilitation Programme If, on completion of a rehabilitation programme, which may take the form of a phased return to work or rehabilitation return, the member of staff remains unable to perform their original post in its entirety the following options are available: a) where the member of staff is able to undertake the full range of duties of the post but is unable to meet their contracted hours, a reduction in hours in their substantive post may be considered subject to service needs. Salary will be reduced to that of the new hours of work. b) Where the member of staff is unable to undertake the full range of duties of the post advice will be sought from Occupational Health regarding permanent modification of duties. The member of staff will be paid the appropriate band for the post with modified duties. However, where service needs cannot be met through permanent alteration of duties, redeployment to a suitable alternative role will be sought. In these circumstances the member of staff will be paid the appropriate band for the suitable alternative post. The process for redeployment to an alternative post will be as set out in section 6.5 below. c) Where all avenues have been exhausted and it is deemed, through Occupational Health advice, that the member of staff is unfit for work, termination of the employee’s contract on the grounds of incapacity will be considered. 6.5 Permanent Incapacity in Current Post – Reasonable Adjustments / Redeployment Occupational Health advice may indicate that the employee is not fit for the current post without the need to test this through a rehabilitation programme. Again the provisions of the Equality Act 2010 (see Appendix D) must be considered carefully at this stage, in conjunction with the ER Department, and the following options considered: 6.6 Whether there are any reasonable adjustments which may be made to the current duties on a permanent basis to allow the employee to return to this post; Identification of alternative employment within NHS Lothian in accordance with the NHS Lothian Redeployment Policy and Procedure. Alternative employment, where possible, should be reasonably comparable in terms of remuneration, conditions and types of duties when set against the original contract. Guidance will be sought from the Occupational Health Service on the suitability of the alternative work and the identification of such alternatives will be time limited to 3 months from the period of initial discussion with the employee; If neither of the above options is possible it may be necessary to consider termination of the employee’s contract on the grounds of incapacity. Ill Health Termination Where the Occupational Health Service indicates that an employee is unable to return to work as a result of illness, disability, or injury the employee will have his/her contract terminated following appropriate consultation and notice. Guidance on this procedure can be found in Appendix F. 12 Where an employee is a member of the NHS Superannuation Scheme they may be eligible for ill-health retirement. A two-tier arrangement providing different levels of benefits for members dependent on the severity of their condition and the likelihood of them being able to work again is in place, as follows: Lower Tier – this will apply where a member is assessed as being permanently incapable of efficiently discharging the duties of their present job. They would receive early payment of actual benefits without an actuarial reduction but with no enhancement. Higher Tier – this will apply where a member is not only assessed as being permanently unable to do their job but also could not undertake any other job across a general field of employment to the same extent as the member was undertaking their original job. They would receive an enhancement of 2/3 of their prospective membership to normal pension age. It is important to note that NHS Lothian cannot guarantee that the employee will receive an incapacity pension as the final decision on such matters rests with the Scottish Public Pensions Agency. A member of the ER Department will be available to assist the employee with the application process. 6.7 Terminal Illness In the case of terminal illness, line managers should consult with the Occupational Health Department and ER Department as soon as possible prior to taking any action to ensure that any necessary specific provision in the NHS Pensions Scheme is, where appropriate, facilitated. 7.0 ILLNESS OR INJURY AT WORK Where there is a suggestion that an illness or injury is work-related, advice regarding confirmation will be sought from the Occupational Health Service. Where absence occurs as a result of an illness or injury at work and there is a subsequent reduction in earnings, the appropriate ER Manager will be informed. The ER Department will assist in the completion of an Application for Award of Injury Benefits (INJ1), if required, and any application for DSS Injury Benefits. Details of the NHS Injury Benefits Scheme can be found in Appendix G. 8. 0 RECORDING AND MEASURING ABSENCE Recording of absence is essential for identifying absence patterns, highlighting short term/long term absences, health and safety issues, meeting the requirements of Statutory Sick Pay Regulations and defending appeal cases within NHS Lothian or at Employment Tribunal. An individual’s absence/leave record card must be used to record all absence. The appropriate manager/supervisor will examine each individual record at least once per month in order to identify potential problems at an early stage. All absence data must be recorded electronically using the e-Manager module on the Empower system/SSTS to enable record keeping and reporting on absence. The appropriate departmental procedure will be used to record details of the employee’s absence in accordance with the rules of notification. It is at the notification stage that the cause of absence and, if possible, the likely duration of absence should be clarified. Original self certificates and medical statements will be retained by the manager/supervisor for each member of staff for a period of 3 years. These must be held separately and confidentially in the employee’s departmental personal file. If the originals are required by the Department of Social Security then copies must be retained. 13 Sickness absence reports will be compiled for departments, divisions, Community Health Partnerships and NHS Lothian as a whole, and will be monitored as part of the quarterly workforce reporting system. For further information on recording absence and absence classification please refer to NHS Lothian’s Absence Recording Policy. 9 MONITORING AND REVIEW This policy will be reviewed after a period of two years by the Lothian Partnership Forum, or sooner in light of any changes in legislation and/or NHS Scotland policies. The policy will be monitored through divisional, directorate and departmental absence rates. Managers and the Occupational Health Service will highlight high absence levels and target individual areas where further investigation may be necessary 14 APPENDIX A GUIDANCE ON RETURN TO WORK DISCUSSIONS The following guidance on conduct should be observed by all managers in discussions with staff on their return to work: The discussion must be held in private, without interruptions, and confidentiality must be observed. An appropriate supervisor or line manager should conduct the meeting. Individual departments must decide whether or not it is appropriate to delegate this task in the absence of the departmental supervisor or line manager. If the employee so wishes, his/her staff representative will be present at the meeting. Return to work meetings should be conducted as soon as possible after the employee’s return. The employee should be told the purpose of the meeting, which is to provide any necessary support on the employee’s return to work and to ensure that the appropriate documentation is completed: * Record of Return to Work Discussion * Self Certificate (SC2) for absences of 4-7 calendar days * Medical Certificate for absences of 8 calendar days or more The supervisor/manager should establish the reasons for absence and for absences of 8 calendar days or more ensure the employee has been passed fit to return. The supervisor/manager should raise any concerns with the employee regarding their absence record, e.g. explaining emerging patterns, emphasising the value and importance of the employee’s attendance to the workplace team, ensuring that the employee is aware of the NHS Lothian Promoting Attendance Policy and Procedure and considering appropriate follow up arrangements. The manager should offer any support necessary in the workplace to prevent future absence. If necessary, return to work discussions can be conducted over the telephone. The discussion should be recorded using the format given in Appendix B. The record should be shared with the employee, giving the opportunity to comment and to sign if wished, and then placed in the personal file. The manager should bring the employee up to date with any relevant work matters which occurred during the period of absence A record should be kept of the main points discussed, using the format given in Appendix B. The record should be shared with the employee, giving the opportunity to comment and to sign if wished, and then placed in the personal file. Note: Bank Shifts Following an Episode of Sickness As part of the Return to Work process, the line manager should establish whether or not there is a concurrent bank contract. This may be determined by asking the employee as part of the Return to Work Discussion, and liaising with the Staff Bank Manager to confirm any bank work patterns. If there is a concurrent bank contract, reference should be made to Appendix H relating to restrictions on bank shifts following sickness absence. 15 APPENDIX B RECORD OF RETURN TO WORK DISCUSSION Note to Employee: This Return to Work meeting, which may last only a few minutes, is aimed at finding out how you are keeping and updating you on what has been happening while you were absent. There will be opportunity within this meeting to discuss any aspects of your sick leave that might be affected by your work, and to consider what support you might require in the future. Once this form has been completed it will be shown to you for information, prior to placing in your personal file. If you wish to add any written comments, you will be given the opportunity to sign the form. Name: ______________________________ Job Title ________________________ Directorate: _________________________ Department/Ward: ______________________ Hospital/Site: ________________________ Payroll Number: _____________________ Date and Time of Commencement of Absence: __________________________________ Date and Time of Return to Work: ___________________________________ Brief details of the reason for absence: _________________________________________________________________________________ Was the absence a result of: 1/ An accident at work? Yes _____ No _____ (If Yes, was an incident form completed?) Yes _____ No _____ 2/ Other work related cause? Yes _____ No _____ 3/ Non-work related cause? Yes _____ No _____ Medical certification provided? Yes _____ No _____ 16 Actions taken or proposed as a result of the Return to Work Discussion: (For example, OHS referral, any resultant health care issues that may need to be addressed, plans for improvement in attendance) Employee’s comments on Return to Work Discussion: (An opportunity to advise the supervisor/manager of any aspect of health which might affect work performance, raise any concerns, and/or add any comments in relation to the recent period of absence) Employee Signature (optional) ____________________________ Date ___________ Line Manager Signature Date ___________ ____________________________ 17 APPENDIX C NHS LOTHIAN OCCUPATIONAL HEALTH SERVICES MANAGEMENT REFERRAL Hospital Division RHSC RIE St John's WGH Liberton CHP Edinburgh CHP Midlothian CHP East Lothian CHP West Lothian CHCP REAS REH Other Dentistry General Practice LH Napier University Other (please state) _____________________ Personal Details Surname: __________________________ Forenames: _____________________ Title: ___ Date of Birth: _______________________ NI if available: ____________________________ Address: _________________________________________________________________________ ___________________________________ Tel No: __________________________________ GP Name: __________________________ GP Address: ______________________________ ______________________________ Employment Details Job Title: __________________________________________ Department: _______________________ Specific Location Site/Ward: __________________________ Hours per week: ___________________ Date appointed NHS Lothian: _____________________ Current post: ___________________ Referring Manager ER Pratitioner Name: _______________________________________ Name: _______________________________________ Designation: __________________________________ Designation: __________________________________ Signature: ____________________________________ Signature: ____________________________________ Telephone: ___________________________________ Telephone: ___________________________________ Location and Dept: _____________________________ Location and Dept: _____________________________ The employee has been informed of this referral and has completed an attached consent form Yes No Date: ________________________________________ 18 Work Pattern: Mostly: Manual Handling: Days Nights Shifts Seated Standing Mobile Little Some Heavy Management Responsibility: High Medium Low None Job Description Attached Additional NHS Post Held Yes Yes No Driving: No HGV Other Commercial Car Forklift None SPPA Membership Yes Absence details if relevant: Absence details attached Yes No Is employee currently on sick leave Yes No Date sickness absence commenced _____________________________________________ Reason for current absence _____________________________________________ Medical Certificate expiry date _____________________________________________ Date to commence half pay _____________________________________________ Date to end pay _____________________________________________ No Additional information, please include any further information you may feel relevant. Reason for Referral: Please use separate sheet if necessary Previous Referral Yes No If yes, date _______________________ Information required by Manager What is the employee's current state of fitness for work? Is it possible to assess when the employee will be fit? What effect will the illness/injury have on the employee's ability to carry out their occupation? If yes, is this effect likely to be temporary or permanent? Are there particular duties which they will be unable to carry out on return? Are there work modifications which would alleviate the condition or facilitate rehabilitation? Does a condition exist that could be worsened by work? Does a condition exist that could be referred as a disability under the Equality Act 2010? Is the sickness absence the result of an accident or illness sustained at work? Is there a medical cause for frequent short-term sickness absence and is this likely to continue? Is ill health retiral supported? Is there further support we can provide? 19 MANAGEMENT REFERRAL EMPLOYEE CONSENT TO ATTEND OCCUPATIONAL HEALTH I, the undersigned, consent to attend NHS Occupational Health Services. I confirm that the reasons for this referral have been discussed with me and I understand that a report on my fitness for work, or otherwise, will be sent to my manager. I further understand that the Occupational Health Nurse/Physician may wish to write to my GP/Consultant for a report on my medical condition, and that the need for this will be discussed at the time of the consultation. Name: DOB: Address: Post title: Place of Work: Telephone Number: Signed: Date: 20 APPENDIX D GUIDANCE ON THE DISABILITY REGULATIONS IN THE EQUALITY ACT 2010 It has been unlawful to discriminate against individuals on the grounds of their disability, since the Disability Discrimination Act of 1995. This Act was incorporated into the Equality Act in 2010. Definition of Disability The Act says that a person has a disability if they have a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities. Physical or mental impairment includes sensory impairments such as those affecting sight or hearing.. Requirements of the Act If an employee becomes disabled in the course of their employment with NHS Lothian, the organisation is required to make reasonable adjustments to the existing workplace or arrangements, where these would currently place the disabled person at a substantial disadvantage. Adjustments may include: adjustments to premises; altering working hours; assigning to a different place of work; reviewing duties and allocating some to another person; redeploying the employee; allowing time off for rehabilitation and training; acquiring or modifying equipment. In considering what is reasonable, an employment tribunal would consider cost (including any available assistance from external agencies), the impact of any changes on other employees and the benefits to the organisation in the individual circumstances. There is no legal obligation on employers to create a job, radically alter a job, or retain salary level, but NHS Lothian will make every effort to accommodate the needs of the individual. The employee is in turn expected to co-operate with the process. Further information More information can be found on the Equality & Human Rights Commission website, including guidance and codes of practice for employers. See: http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/ 21 APPENDIX E GUIDANCE ON RETURN TO WORK / REHABILITATION PROGRAMMES The line manager must plan the phased return to work / rehabilitation programme taking account of OHS advice, the needs of the employee, the needs of the service and the impact on other employees in the department. The plan should be prepared in consultation with the employee, their representative where applicable and the ER Department. In addition to planning the return to the workplace the manager must ensure that he/she arranges to update the employee on any changes within the department/division, policies and work practices which may have changed during the employee’s absence. Where appropriate working from home may be considered as part of the phased return to work / rehabilitation programme and guidance should be sought from NHS Lothian’s Home Working Policy and Procedure and the local Employee Relations Practitioner. Support for other members of the team who may be affected should be taken into consideration when developing any the phased return to work / rehabilitation programme. Practical Considerations: The manager should agree the phased return to work / rehabilitation programme with the employee and, where applicable, their representative which clearly details the following: the initial timescale of the programme and the scope for extension; support to be provided to the employee; monitoring arrangements; arrangements for employees to raise concerns; details of duties; details of hours worked with incremental increase/target dates as appropriate; rate of pay; links e.g. dedicated resources such as Physiotherapy and Staff Counselling Service and/or further assessments by the OHS. Monitoring and Review It is essential that during the phased return to work / rehabilitation programme the manager meets regularly with the employee to assess progress and identify and resolve any problems. If, during the course of the phased return to work / rehabilitation programme, problems are encountered there should be discussion on how best to resolve these involving the line manager, employee, their representative and an appropriate representative from the ER Department. It may be that further advice will be necessary from the OHS. Examples of Application: Scenario 1: A full time Band 5 staff nurse with 20 years service with entitlement to full sick pay of 6 months full pay and 6 months half pay, returns to work under a rehabilitation return programme after 3 months absence, working 15 hours per week . It is anticipated that it may take a minimum of 9 months for a full return to work. Payment arrangements would include – full pay for 3 months (which would include the minimum of 6 weeks at normal pay) then moving onto half pay rates. If and when the employee increased her hours beyond 18.75 hours per week (0.5wte) payment would be for the number of hours worked. 22 Scenario 2: A full time Band 4 administrative worker with 4 years service returns to work after 6 months absence however is unable to undertake current role but is able to undertake the role of a Band 2 post. It is anticipated that the rehabilitation to work may take between four and six months. Sick pay entitlement for a member of staff with 4 years service is 5 months full pay and 5 months half pay. As the employee has been absent for 6 months the full pay entitlement has been used plus the first month of the half pay period leaving 4 months half pay outstanding. As the employee has no full pay remaining they will return to work topped up to normal pay for 6 weeks and thereafter revert to the remaining half pay entitlement. This will equate to four months less the 6 weeks they have already worked which was topped up to normal pay. On moving onto the half pay situation the individual will be entitled to receive the greater of half pay at Band 4 for four months or number of hours worked at Band 2. On expiry of the sick pay period payment will be the rate for the job for the number of hours worked. Superannuation contributions during a Rehabilitation Programme will be as per sick pay entitlement i.e. full employer superannuation contributions would continue to be paid until the individual returns to their normal working hours. 23 APPENDIX F INCAPACITY DISMISSAL PROCEDURE Informal Discussion/Consultation Where possible, managers should discuss their possible course of action with employees who are absent or who have recurring absences prior to initiating this procedure, i.e. prior to confirmation of final health status from the OHS. As soon as is reasonably practicable following confirmation from the OHS that an employee is: permanently incapable incapable in their current post unable to return within a reasonable period of time sustainable by the department likely to have an unsustainable level of recurrent absence in the future unable to be redeployed a meeting should be arranged with the employee to discuss the outcome of the OHS referral, the manager’s likely course of action, the procedure for incapacity dismissal and the options for superannuated employees where appropriate. At this meeting the manager dealing with the case should make arrangements for a formal incapacity hearing. Where there is consensus to proceed to a formal incapacity hearing, the manager dealing with the case may chair the hearing and authorise the termination (if that is the decision). Where there is no consensus to move to a hearing a different manager should chair the hearing. This manager should have formal power to dismiss under the terms of NHS Lothian’s Management of Employee Conduct: Disciplinary Policy and Procedure. Formal Hearing Process The incapacity hearing will take place as soon as practically possible. The employee will be given advance notice in writing of the date, time, location and reason for the hearing. The employee will have the right to be accompanied by his/her staff representative or a colleague. A member of the appropriate ER Department must always be present at incapacity hearings. Hearing (Original Manager) The outcome of the OHS referral will be confirmed, and the member of staff and/or their representative will be given the opportunity to comment. Taking account of these comments, the manager will convey the decision, including all of the options explored. Hearing (Other Manager) The process for this meeting will be in line with that for a disciplinary hearing. i.e. The manager who has been dealing with the employee will present the reasons why incapacity dismissal should be considered. 24 The employee and/or their representative will give their reasons against this consideration. Each party will have the opportunity to ask questions of the other and both will have a chance to sum up. The manager supported by a member of the ER Department not previously involved in the employee’s case will make a decision on whether to dismiss the employee or suggest an alternative course of action. It should be made clear to the employee that if their employment is being terminated on the grounds of incapacity from a specified date they are eligible for payment for their notice period and any outstanding annual leave. Employees should be advised of their right to appeal. A letter confirming the outcome of the hearing will be issued to the employee within 7 calendar days. If an employee is unable or fails to attend a hearing, it will be adjourned and a new date agreed with them and their representative. If the employee is unable or fails to attend the rearranged hearing the incapacity dismissal may be actioned by letter without a formal hearing, or the hearing may proceed in the absence of the employee with the employee’s case being presented by their representative. Appeal Following termination of employment on the grounds of incapacity, an employee has the right to appeal. Any appeal against termination must be submitted to the ER Department in writing within 21 calendar days of receipt of the letter confirming the outcome of the hearing. The letter must state the grounds for appeal. The ER Department will acknowledge the letter within 7 calendar days and an appeal hearing will normally be arranged within four calendar weeks. The employee will have the right to send or be accompanied by a staff representative or colleague of their choice. Appeals will normally be heard by a Director of Operations/CHP General Manager or equivalent, partnership representative and a senior ER representative. The employee will be notified in writing of the outcome of the appeal hearing within 7 calendar days. Superannuated Employees In cases of incapacity and where the employee is superannuated and has the necessary associated service, the process for application for an incapacity pension should be clearly explained to the individual. Section 6.6 outlines the changes in Ill Health Benefits from 1 April 2008. Employees should be made aware that although they may apply to the Scottish Public Pensions Agency (SPPA) for an incapacity pension NHS Lothian cannot guarantee the success of their application. Every effort will be made to assist the employee in the application process. It must be made clear to employees in this situation that if their application for an incapacity pension is unsuccessful there would be no right to return to their former employment within NHS Lothian as their contract of employment would have formally terminated on the grounds of incapacity. Following any formal incapacity hearing, the termination form and the completed SPPA form should be sent to the ER Department to ensure they are forwarded to Payroll for further completion and submission to SPPA as soon as is reasonably practicable. 25 APPENDIX G NHS INJURY BENEFITS SCHEMES The NHS Injury Benefits Scheme is administered by the Scottish Public Pensions Agency (SPPA), but covers all NHS employees in Scotland whether or not they are members of the pension scheme. Benefits are payable where an employee has suffered a loss of income or earning ability as a result of an injury sustained or a disease contracted as a consequence of his/her NHS duties, and where the injury or disease was not mainly due to or seriously aggravated by his/her own negligence or misconduct. There are 2 types of benefit payable: Temporary Injury Allowance This is paid where an employee is temporarily absent from work on a reduced income and raises the income of the employee to 85% of their salary. Permanent Injury Allowance This is payable where NHS employment ends or earnings are reduced as a consequence of the injury or disease and it is established that there is a permanent loss of earning ability in excess of 10%. The degree of loss of earning ability and the length of service in the NHS determine the level of benefits payable. Benefits are also payable to surviving dependants in the event of death as a result of injury or disease. Applying for Injury Benefits Managers should make employees aware of the injury benefits system as appropriate. Employees apply for benefits by completing an INJ-1 Application for Award of Injury Benefits Form, which is available from the ER Department. The form is completed by the employee in the first instance, then the manager, and should be forwarded to the ER Department along with a copy of the applicable incident report form. Payroll will then be asked to complete the relevant sections on pay and will forward the form to SPPA. The SPPA will then send the employee an INJ-2 form which authorises the SPPA to obtain relevant information on other state benefits. Where an employee is applying for a Permanent Injury Allowance, the Occupational Health Service will be required to provide a report on the employee. This should be co-ordinated through the ER Department. Managers will be expected to refer all employees who sustain an injury or disease through their employment to the Occupational Health Service after their absence exceeds 4 consecutive weeks, in accordance with the NHS Lothian Promoting Attendance Policy. 26 APPENDIX H BANK SHIFTS/ADDITIONAL HOURS SCHEDULED DURING OR IMMEDIATELY AFTER AN EPISODE OF SICKNESS An employee will not be permitted to work additional hours (e.g. overtime, excess hours) or bank shifts during the 7 day period immediately following an episode of sickness. It is the responsibility of the line manager to inform the member of staff of this position during the return to work interview. It is the responsibility of the member of staff to advise the bank office in the event that they are unable to cover an agreed shift during the restricted period. BANK SHIFTS/ADDITIONAL HOURS FOLLOWING A PERIOD OF SICKNESS In addition to the provisions above, where a member of staff has been absent for a period of time it is important that consideration is given to the impact that working additional hours might have on the employee’s well being. There is an onus on NHS Lothian as an employer to ensure that staff do not work excessive hours, which may impact on their health and have a detrimental effect on the quality of patient care. It may be appropriate to restrict additional hours and bank work for an appropriate period after the employee’s return to work. This restriction should not be seen as a punitive measure but as an aid to full recovery. It is the responsibility of the line manager to inform the member of staff of this position during the return to work interview. A number of factors should be taken into consideration before deciding whether it would be advisable for the member of staff to refrain from working additional hours or on the Staff Bank for a period of time to ensure their return to full fitness. Phased Return The reason for absence The duration of the period of sickness may influence the period of restriction that is required to ensure a return to full fitness for work, whether or not a phased return is in place. The number of episodes The physical and mental well being of staff must be considered. An illness which has depleted the physical and/or mental stamina of the member of staff would imply that the member of staff should not work additional hours for a specified period. Advice should be sought from OHS in relation to specific conditions where the manager has concerns regarding the impact of additional hours or bank work on the condition. The length of sickness absence period By its very nature an employee returning to work on a phased return should not undertake any additional hours or bank work during this period unless OHS advise otherwise. Towards the end of the phased return any additional restrictions on bank work need to be discussed with the employee. The number of episodes of sickness may indicate that the member of staff has underlying issues / problems. Any referral to OHS should include reference to additional work. OHS may advise restricting additional hours via the bank. The pattern of bank work/additional hours 27 The pattern of bank work/additional hours around episodes of sickness may illustrate work patterns that are affecting the employee’s health. To assist decision making detail of work patterns can be provided by reference to the NHS Lothian Staff Bank or staff duty rosters. The decision to defer additional hours or bank shifts for a period will lie with the local manager in consultation with the employee. A full explanation of the rationale should be afforded to the employee, and recorded in the return to Work documentation. The Staff Bank must be advised in writing / by email of the period of restriction. The Staff Bank Manager will adjust the Staff Bank database to “disallow” the member of bank staff for the specified period. The member of bank staff should not accept offers of bank work from local sources during the specified period. If an employee works while “disallowed” this will be investigated as potentially posing a risk to their own or other’s health and safety. Should any period of restriction need to be extended the local manager should provide written / email confirmation to the Staff Bank Manager of agreements reached with the staff member. If the employee feels that they are being treated unfairly, they should indicate this to their local manager and/or ER Practitioner. The employee can, of course, seek support and advice from their staff representative. There are appropriate policies and procedures in place to manage any grievance arising. Beyond any agreed period of inactivity the member of staff may refuse to work additional or bank hours, or may request a further period of inactivity on the Staff Bank, should they feel their health may be compromised. 28 APPENDIX I GOOD PRACTICE GUIDANCE MANAGEMENT TOOL TRAFFIC LIGHT SYSTEM FOR MANAGING ATTENDANCE AT WORK Question What is it? How does it work? What’s its purpose? What is it not to be used for? What’s a red? What’s an amber? What’s a green? If someone’s a red what do I do? Answer It’s a simple but systematic way of assessing and managing the attendance at work of your staff. It uses the red/amber/green traffic light system which we are all familiar with on the roads. It highlights the level of input a line manager needs to give to a member of staff’s attendance at work e.g. red means hands on input is needed. The purpose for line managers is to ensure that they give attention to staff on an individual basis as it is recognised that, frequently, absence falls when staff are given attention. For the organisation the purpose is to reduce the absence costs. It is not to be used to threaten staff, nor is it to be used to drive staff to work when they are ill and particularly not when they have an infection which they would pass to others. NHS Lothian’s approach is to support staff who have health problems to return to fitness as soon as possible and we have the privilege of being paid while we are recovering. The responsibility each of us has in return is not to abuse this privilege or the goodwill of our colleagues by taking “sickies” i.e. being off when we’re not ill. NHS Lothian identifies high absence as 4 episodes in a 12 month rolling period or 10 days absence in a 12 month rolling period. Any member of staff who has that level of absence or more would be flagged up as red using this system A member of staff who has not reached the 4 episodes/10 days absence in a 12 month period but who has 3 episodes or has between 5 and 9 days absence may have a health issue which they need support with. Staff with this absence level would be flagged as amber. Many staff are in good health and take care to continue that, so they have very little absence. 1 or 2 episodes / 4 or less days in a 12 month period would be green in this system. The objective with staff who have a high level of absence is to support them to improve their attendance at work in the short term. Step 1 - assess the reasons why they have a high level of absence. Step 2 – decide what kind of support is available for them e.g. do they need and can you adjust their work arrangements or do you and they need Occupational Health advice. Discuss this with ER if you need to. Step 3 – invite them to meet with you and continue to do that regularly until they’re back at work. Step 4 - prepare for each meeting and in particular identify what it is you want to get out of the meetings Step 5 – meet with them and help them to tell you what their issues are, ensure they understand what the service and their colleagues need from them, discuss what they and you can do to improve their health and to return to work a.s.a.p make a follow up plan with them and arrange either another meeting date or a return to work date. ER will attend with you if it is a difficult meeting for you to take. Step 6 – act on the follow up or plan their return to work with them Step 7 – document the meetings and actions What if that doesn’t work and the absence stays If you have been meeting with and supporting the member of staff for 3 months since they reached a high level of absence, there is no 29 high? improvement in their attendance and you can’t think of anything more you can do to help them, you should set time aside and request an attendance planning meeting with your ER Practitioner. There are a variety of options for moving forward but these are usually only applicable on an individual basis so you need to discuss and plan what the next steps are. At the end of the day if we have done as much as we can, it sometimes means that ending their employment is the only answer for them and their service. If someone’s an amber The objective is to provide the support and help these staff what do I do? need before they reach a high absence level and to ensure their absence reduces in the long term. Step 1 - understand why they have been off and assess whether they have health issues they need support with. Step 2 – assess if there are adjustments you can make for a short period to help them e.g changing shift pattern and / or if there is support available for them Step 3 – meet with them and talk over with them why they’ve been off and what you can do jointly to ensure they’re not off again, make a follow up plan with them and arrange further meeting dates until you and they are confident their attendance is dropping again. Step 4 – document the meetings and actions What if despite that their You need to change the member of staff to a red and manage them absence becomes high? on a more active basis with the advice of ER, as above If someone’s a green The objective is to encourage these staff that they are doing well and to what do I do? continue to take care of their health to maintain their attendance. If it’s unusual for a member of staff to be off but they’re off a couple of times or for up to 4 days you need to do a return to work meeting with them. These should be supportive and encouraging and are about checking whether or not there is anything you can do for them. What do I do if someone You need to change the member of staff to an amber and manage then has more them as above. absence? Is this for short or long It’s for use with both short term and long term absence. The traffic term absence or both? light system is a more detailed way of looking at the absence and lends itself to managing individuals but short / long term absence is still a useful and quick way to get a feel for what the absence is like overall in an area such as a ward or service NHS Lothian considers short term absence to be anything up to 4 weeks. Long term is considered to be 4 weeks or more. Do I have to do the It’s necessary that you use the same principles to make your same thing every time decisions for everyone so that all staff are treated equally. For with every member of example, it would be unfair if you have two members of staff with 4 staff? episodes of absence in a 12 month period and you meet with one of them every fortnight and don’t discuss absence with the other one at all. However there is always an element of judgement in how you work on their attendance with each member of staff. You must always be fair but the individual circumstances will determine how firm you need to be. Can you give me a For example in relation to long term absence: practical example of ~ if a staff member is waiting for surgery or has cancer and is what you mean? undergoing treatment such that they can’t attend in the meantime, they are likely to have a high absence but there may be little they can do about it. You should keep in touch with these staff on a minimum of a fortnightly basis simply to support them. It is very difficult to come back to work after a long absence so phoning them for a chat and to check if you can do anything that will help them. ~ if you have a member of staff who is off for a long period but DNAs at OHS, doesn’t respond to letters, and fails to attend meetings with you, you need to be more active about two things – checking whether there are reasons for this that they need help with and making it clear 30 that they cannot continue to do it. For example in relation to short term absence: ~ If someone has not been off for a two or three years but is then off twice in 6 months, they may have hit a bad patch. The approach should be to share the problem with them, check that they’re doing all they can and getting as much help as possible, and encourage them. ~ If someone has been off for a day here and there, every year for the last several years, for minor and unrelated reasons e.g. a cold, a headache, toothache, you will need to check the issues they have but also let them know that the pattern and amount of absence is unsustainable for the service and for their colleagues. The Promoting Attendance Policy is about the principles and policy we have to work within. The system is about how we go about “doing” attendance management. You have to read the Policy and know what the parameters are before you start working with the traffic light system. Yes - but there is a pack of standard letters to go with the Promoting Attendance Policy. These are templates that let you fill in the specifics of the case you are managing. If you don’t have them please ask your line manager or your ER Practitioner for them. NHS Lothian has an Absence Recording Policy which sets out minimum requirements for recording absences. Most areas of NHS Lothian have an IT based absence recording system. The system is commonly known as Empower. If you don’t know if you have access to this you should ask your line manager or ER Practitioner. It is the easiest way of getting the information and you can get it whenever you want. If you have access but don’t know how to use it we can help you learn and, again, ask your line manager or ER Practitioner for help. If you have a manual system, but not access to the IT system, it is about keeping your system up to date and ensuring that it lets you check the absence data easily. If you need help to check what you are recording the right things please ask your ER Practitioner. How does this link with the Promoting Attendance Policy? Do I have to write all the letters etc myself? How do I get the information about the number and length of staff’s absences? That tells me how to get the information but how do I keep track of all the work I do on it? You will need to do file notes for the individual staff members’ files when you meet them. We’re very conscious that this needs to be as little extra work as possible so - they can be handwritten as long as they’re legible, dated, and signed or if you are writing to the member of staff you can summarise the position in the letter and that can stand as the record of your meeting. In terms of keeping a handle on all the work - we have a table format which allows you to annotate in short form what the history is and where you’ve got to with each of the staff you’re working with. This lets you run through it quickly when you need to check. Please ask your ER Practitioner if you need advice on this. What does it not do? It doesn’t do the work for us! We still have to do it but it helps to organise the work. It doesn’t provide an assessment of whether there are underlying causes of the absence for a group of staff e.g. workload increases leading to stress. Work on these wider issues has to run in tandem with the traffic light system Is there anything else I Please do remember that if you have a member of staff whose should know? absence you are struggling to cope with the Trade Union and Professional body representatives are a good source of help, as they too have lots of experience with it. They will talk things over with you and help you come up with ideas of what you can do and also help you sort out if you’ve reached the point where you’ve done everything. 31 Absence Action Plan (4 or more absences within the last 12 months) Service Area: …………………………………………………………… Line Manager:…………………………………………. KEY: Red Amber Green - Individual currently managed under Promoting Attendance Policy Management of absence required No immediate action required ABSENCE – MONTH 2008 Name Joe Bloggs 1 Dates Absent 01.04.08 – 02.04.08 05.10.08 – 12.11.08 Reason Flu Depression Status (e.g. Short/ Long/Linked Absences) Short Long Referred to OHS? No Yes Action Plan To date: 1 episode = 2 days 2 episodes = 9 days COMMENTS Return to work interview done after both episodes. Non work related depression. Charge Nurse keeping in touch and supporting. To date: X episodes = X days
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