FÁS Sickness Absence Policy
(Ref: 04-54-12)
1. Policy Statement
“FÁS is committed to providing a safe and healthy work environment for all its
staff. This policy aims to ensure that staff receive welfare and support during
periods of illness and to minimise the impact of absence on fellow staff and
customers. In return, staff are expected to be available for and capable of
undertaking their duties and to maximise their attendance at work”.
2. Policy Objectives
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To ensure a fair and consistent approach in the effective management
of absence.
To clarify the roles and responsibilities of Staff, Management
Occupational Health Provider and Human Resources in relation to
sickness absence.
To set out FÁS’s sick leave arrangements.
3. Scope of Policy
This policy is applicable to all employees of FÁS.
4. Compliance with Policy
All staff are obliged to adhere to the terms of this policy.
5. Definitions of Sickness Absence
Short-term Absence
Absence from the workplace, due to illness/injury, for a period of between one
day and four weeks.
Long-term Absence
Absence from the workplace, due to illness/injury, for a period of four weeks
or more.
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6. Roles & Responsibilities
This section clarifies the roles and responsibilities of Staff, Line Managers,
Human Resources and the Occupational Health Provider in the effective
management of sickness absence.
Role of the Staff Member
All staff members have a responsibility to:
 Provide regular and efficient service.
 Minimise absences from work.
 Minimise absences arising from accidents and ill health at work by
complying with the Health & Safety requirements and by taking
reasonable care of their own safety and that of others.
 Comply with the sick leave arrangements including claiming of Social
Welfare Benefit where applicable.
 Comply with all other provisions of the Sickness Absence Policy.
Role of the Line Manager (Grade 7 and upwards)
Line Managers have a key role in managing attendance in accordance with
the provisions of this policy and have a responsibility to:
 Ensure that all staff members are aware of, and fully understand the
sickness absence policy.
 Manage absence in a consistent and fair manner in line with the
relevant procedures.
 Refer staff members, through local HR/F&A, to the Occupational
Health Provider as necessary (as set out in section 8).
 Ensure the monitoring and recording of attendance.
 Manage Health & Safety in the workplace
 Ensure staff comply with the sick leave arrangements
 Line Managers have the responsibility to assist the staff member to reintegrate after a prolonged period of absence as required.
 Conduct absence review meetings as outlined in Section 9 of this
policy.
 Liaise with local HR/F&A as required in relation to absence
management issues.
Role of Human Resources
The Human Resources Unit has a responsibility to:
 Provide advice and support to Line Managers in the monitoring and
management of sickness absence.
 Provide regular reports on absence and attendance levels throughout
the organisation.
 Monitor the Sickness Absence Policy and ensure that it is being
applied consistently throughout the organisation.
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Increase awareness of the Employee Assistance Programme and other
staff welfare initiatives.
Liaise with the Occupational Health Provider and management in the
case of referrals to Occupational Health and where required, advise on
recommendations arising from health assessments of fitness to work.
Role of the Occupational Health Provider
The Occupational Health Provider provides an independent and confidential
advisory service to FÁS and its staff on all matters relating to the effect of
health on work and work on health.
The functions of the Occupational Health Provider include the following:
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To provide an independent advisory service on any health-related
matter which is affecting the staff member’s ability to undertake work or
the impact of work on a staff member’s health, taking into account the
illness prompting the referral and medical opinion where available.
To advise FÁS on a staff member’s fitness to undertake his/her full
range of contracted duties and to make recommendations on
measures to assist the staff member to return to work following illness
absence as quickly and safely as possible.
To advise on the staff member’s fitness to undertake modified or
alternative duties.
To advise managers and individuals on any areas of support for healthrelated problems that may be affecting employment.
To liaise with the staff member’s medical advisor when required and
with appropriate consent
7. Sick Leave Arrangements
FÁS operates a sick pay scheme for absence due to injury or ill health. Sick
pay is approved by the line manager and is conditional on staff complying with
this policy and cooperating with any reasonable measures that facilitate their
return to work.
Salary and benefits will not be granted for absence related to the illness of a
family member. However, Force Majeure leave may be availed of for urgent
family reasons.
Full details in relation to sick leave entitlements are provided at Appendix 1.
Notification Requirements
On the first day of sickness absence, a staff member should notify line
management, as early as possible, and no later than one hour after their
expected start time. If it is not possible to contact line management, the staff
member should notify the relevant HR unit.
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Text messages, and email are not acceptable methods of notification except
by prior agreement with line management.
When, in exceptional circumstances due to serious incapacity, a staff member
is not able to make direct contact, they may ensure that their Line Manager is
made aware of the absence by a family member or a friend. This should then
be followed by a telephone call from the staff member at the earliest possible
opportunity, circumstances permitting. The reason for the absence should be
advised. If it is not possible to contact the line manager(s), the local Human
Resources Unit should be contacted.
If a staff member feels unwell while at work they should advise their Line
Manager or a member of the Management Team as soon as possible. Should
a staff member report for work on a particular day and subsequently become
ill, this day will not be recorded as sick leave. However, regular occurrence of
such absences will be addressed by management.
Medical Certificates
A staff member absent through illness for more than two consecutive working
days or on the workday before and after a weekend or a Public Holiday must
submit a medical certificate from a registered medical practitioner. Certificates
from a registered Dentist are accepted for periods up to 3 days in line with the
provisions of this policy.
The production of a medical certificate does not, in itself, entitle the staff
member to sick leave with pay.
Medical certificates must be submitted to the line manager following the third
day of illness and no later than 1 week from the first day of absence.
A medical certificate must include the following essential information:
 Name of patient
 Name/address of Medical Practitioner
 The opinion of the Medical Practitioner that the staff member is unfit for
work due to illness/injury
 Any work-related illness/injury should be stated
 Expected date of return to work
 Date of issue
 Signature of Medical Practitioner
Certificates which are undated, backdated, illegible or otherwise dubious will
be returned to the relevant staff member to be re-submitted as soon as
possible.
Certificates are generally acceptable for a maximum period of one week.
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Open certificates (no date of return to work stated) will be accepted in the
case of severe/chronic illness or injury for a maximum period of two weeks at
the end of which they must be renewed. However, in exceptional
circumstances, and at the discretion of line management in consultation with
HR/F&A, a longer period of time may be allowed.
Social Welfare Benefits
Where a staff member (permanent, temporary or worksharing) is in receipt of
sick pay and is eligible for benefits under the Social Welfare Act s/he should:
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Make the necessary claims for social insurance benefits to the
Department of Social Protection after three days’ absence. (please
note this includes three days absence which spans a weekend. e.g.
Friday, Monday, and Tuesday)
and
Complete the mandate authorising the Department of Social Protection
to pay the benefits due to him/her directly to FÁS and ensure that any
payments received from Social and Family Affairs are forwarded
directly to local F&A/HR. Failure to comply with this requirement is a
breach of this policy.
Uncertified Absences
A staff member may, with the approval of the Line Manager, be paid for one
or two days absence due to sickness without a medical certificate, provided
the following criteria are met:
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The number of uncertified absences due to sickness does not exceed
seven days in a period of twenty four months since the first uncertified
absence (the Line Manager and staff member in turn will be informed
by Human Resources Unit)
No abuses of the Sickness Absence Policy are occurring.
Doctors, Dentist, Optician, Hospital and other Health Appointments
Appointments should, as far as possible, occur during the staff member’s own
time. Where this is not possible, permission from the line manager must be
obtained and the appointment scheduled for a mutually convenient date and
time. Where a staff member has no influence on the timing of appointments,
they must notify their line manager immediately of the appointment details,
supported by written evidence.
Appointments of this nature may not require a full day’s absence and the staff
member should return to work as promptly as possible afterwards.
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8. Referral to Occupational Health Provider
From time to time FÁS may refer a staff member to the Occupational Health
Provider (OHP). Such referrals are made by line management in conjunction
with the Human Resources Unit. A staff member may be referred to the OHP
as a result of the following:
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Long-term absence
Frequent periods of short-term absence
Certified absence for work-related stress
Receipt of application for ill-health early retirement
Where there are concerns about how the staff member’s health affects,
or may in future affect, their attendance at work or ability to carry out
their duties.
The purpose of this referral is to ensure that the staff member has access to
competent advice on the implications of their health problem in relation to their
work, support in securing early and effective treatment where appropriate and
also to provide advice to managers on managing the staff member’s
attendance.
The objective of the referral is to enable the Occupational Health Provider to:
Provide help and support for the staff member to manage and cope
with an identified health problem, within the context of their contractual
obligations.
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Ensure that managers have competent advice in relation to
performance/capacity, including mitigating factors in relation to
attendance history.
Provide advice to managers in respect of a likely return-to-work date, if
the staff member is absent.
Advise managers if the condition is work-related.
Provide advice on options for further risk control/reduction in the
workplace.
Make recommendations to managers of necessary supportive
adjustments to the duties or work environment
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Staff members referred to the Occupational Health Provider will be provided
with the following information:
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OHP Staff Information Sheet (please see appendix 3)
Reason for the referral
Copy of completed Referral Form
HR will forward a copy of the completed OHP report to the staff member.
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The OHP may wish to contact the staff member’s doctor(s) to seek their
opinion and will look for the consent of the staff member to do so. In situations
where there is a substantive difference between the opinion of the OHP and
the staff member’s own doctor regarding fitness to work, the organisation may
seek a third opinion from an independent occupational specialist.
9. Managing Short-term Absence
It is FÁS policy that short-term absence is effectively monitored and managed
and that staff are supported in minimising such absences. FÁS aims to ensure
that appropriate support and advice is provided to staff members at all times
and that confidentiality is maintained as appropriate. The following are
designed to be supportive and aim, where possible, to help individuals
achieve regular attendance at work.
Return to Work Discussion
Following an instance of sickness absence and in line with best practice, a
return to work discussion should take place between the line manager and the
staff member.
The purpose of the discussion is as follows:
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To offer support and identify any underlying concerns which may need
to be addressed.
To bring the staff member up to date on relevant workplace matters.
Absence Review Meeting
If the rate of absence of a staff member becomes a cause for concern the line
manager will invite the staff member to attend an absence review meeting.
The staff member may be accompanied to the meeting by a work colleague or
representative if they so wish.
The emphasis of the review meeting should be on discussion, fact finding and
the provision of support.
The purpose of the meeting is to:
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Review the staff member’s absence record during the relevant period
Provide the staff member with an opportunity to discuss any issues and
raise concerns
Consider any advice received from the Occupational Health Advisor
regarding the staff member’s fitness to work
Explore whether there are any aspects of the job or working environment
that may be causing or contributing to the absences
Arrange if necessary for support within the workplace or adjustments to
the work
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Review any assistance provided to the staff member, and make further
proposals if necessary, including the opportunity to avail of Occupational
Health Advice (currently provided by Medmark Ltd.) and/or Employee
Assistance Programme (currently provided by the Clanwilliam Institute)
Advise staff members, with no apparent problems affecting fitness for
work, that a sustained improvement in attendance is expected
Arrange for a follow-up meeting to review progress in relation to any
improvement targets set
If, following the above steps, there is no improvement in attendance, and if the
advice of the Occupational Health Advisor is that there is no underlying cause
for continued absence, management will consider the appropriate course of
action including, where necessary, the invoking of the disciplinary procedures.
Line managers will work with their local HR Departments, and obtain effective
support and guidance throughout this process.
10. Managing Long-Term Absence
Long-term absence is defined as any period of absence in excess of four
weeks. Line management will maintain contact as appropriate with the staff
member during periods of long term absence.
It is policy to ensure that staff members who are absent through long-term
illness are given every opportunity to return to work within a reasonable
timeframe after they have been certified to do so.
During long-term illness, staff members will be contacted as appropriate by
line management, and may in consultation with HR be referred to the
Occupational Health Provider, to assess the long-term prognosis of their
illness/disability. Where appropriate, an individual plan for return to work will
be devised in line with the advice of the Occupational Health Provider.
In situations where health advice suggests that a return to work is unlikely, illhealth early retirement or pension rate of pay may be applicable. Please refer
to the following policies for more information:
Ill-Health Early Retirement
Policy No. 04-28-01
Pension Rate of Pay
Policy No. 04-43-09
Conditions of Return to Work
Staff members who have been ill for a period up to eighteen months may
return to the job they held prior to their illness. The consequence of this is that
the vacancy caused by the illness may be filled only on a temporary basis in
the meantime.
Staff members who have been ill for a period of greater than eighteen months
may return to work with FÁS. The consequence of this is that the vacancy
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caused by the illness may be filled permanently after an eighteen month
period.
Every effort will be made to accommodate returning staff to their previous post
and location. However, this cannot be guaranteed, and it may be necessary to
provide alternatives.
Staff who, because of a specific disability, cannot return to suitable work in
FÁS, may be assisted through rehabilitation and/or training to secure suitable
employment.
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Appendix 1
Sick Leave Entitlements
Permanent Staff
All permanent staff that pay A1 or D1 PRSI have sick leave entitlements as
follows:
Payment during Certified Absences due to Sickness
Subject to compliance with regulations, payment for certified and uncertified
absences due to sickness may be allowed as follows:
Twelve months (260 working days) of payment due to sick absence
(certified and uncertified) is the maximum amount payable in any four
year period. Absence in excess of 12 months (260 working days) in the
four year period is at no pay.
The four year period commences on the first day of certified or uncertified
absence taken by a staff member. The period ends 48 months later, the next
four year period will commence on the first day of certified or uncertified
absence after the end of the previous four year cycle, e.g. 04/08/09 (first day
of absence/cycle) to 03/08/13 (last day of cycle). If the next sickness absence
is 4/11/13 then the next four year cycle commences 04/11/13 to 03/11/17(last
day of cycle).
If a staff member is on continuous sick leave on entering years 2, 3 or 4 or at
the expiry of the four year cycle, all subsequent continuous sick leave must be
counted as part of the previous year's total/cycle. However, once a return to
work occurs, the carrying forward of sick leave from the previous year/cycle
ceases and the current sick leave year is monitored in the normal way, in
conjunction with the four year cycle as a whole.
If a staff member is on nil or half pay on expiry of the four year cycle, payment
cannot be resumed until a return to full-time work occurs.
Full pay may be allowed up to a maximum of 130 working days in a sick leave
year and half pay thereafter, subject to a maximum of 260 working days sick
pay in a period of four years or less.
The first twelve month period commences on the first day of certified or
uncertified absence; subsequent twelve month periods are consecutive until
the end of four years, e.g., 04/08/09 - first day of absence - to 03/08/13 as
follows:
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1st 04/08/09 - 03/08/10
2nd 04/08/10 - 03/08/11
3rd 04/08/11 - 03/08/12
4th 04/08/12 - 03/08/13 - last day of final 12 month period - last day of
four year period
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Uncertified Absence
A staff member may, with the approval of the Line Manager, be paid for one
or two days’ absence due to sickness without a medical certificate, subject to
a maximum of seven days in a period of twenty four months since the first
uncertified absence.
The twenty four month period for calculating uncertified absence due to
sickness commences on the first day of uncertified absence and ends 24
months later. The next twenty four month period, for calculation purposes,
commences on the next uncertified absence due to sickness. In any case,
where the absences are unduly frequent or where the maximum of seven
days allowable is regularly approached or taken, the Line Manager will
consider and decide at his/her discretion whether the granting of uncertified
sick leave should be modified or withdrawn.
Notice
Staff who incur seven days uncertified absences due to sickness in a twenty
four month period may be notified by their line manager that they will require
medical certificates for all further absences due to sickness. Any additional
uncertified absences will be without pay and subject to a review between the
staff member and his/her line manager.
Temporary Staff members/Fixed Term Staff members
Temporary / Fixed Term Staff members have the same entitlements in
relation to sick leave as permanent staff members. These entitlements will be
calculated on a pro-rata basis.
Where a temporary staff member is eligible for Social Welfare Benefit s/he
should:1. Make the necessary claims to the Department of Social Welfare in
good time
2. Advise Human Resources or the Regional Human Resources
Representative as appropriate. The temporary staff member will
authorise the Department of Social Welfare to send the benefit
payments directly to FÁS.
Part-time Staff
Regular part-time staff are those who (under the terms of the Worker
Protection Act, 1991) have been in continuous employment for the same
employer for thirteen weeks. This category has a pro-rata sick leave
entitlement similar to that outlined above.
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Appendix 2 – The Effect of Sickness Absence During Annual and other
types of Leave
Certified sickness occurring during annual leave will have the effect of
cancelling authorised annual leave from the date of the medical certificate.
Annual leave may not be resumed unless the staff member resumes duty or
furnishes evidence of fitness to resume duty.
A certificate is also required for any staff member who wishes to commence
annual leave immediately following an absence on an open certificate, or for
any absences immediately following annual leave.
Uncertified sickness occurring during annual leave does not cancel authorised
annual leave. Uncertified absences immediately before or after annual leave
are not eligible for payment other than with management approval.
Annual Leave Entitlement
A staff member on prolonged sick leave on either full pay or half pay is
entitled on return to work within the leave year, to his/her full entitlement.
Public Holidays
From 1st January 2008 FÁS record certified sick leave on a public holiday as
an absence, therefore staff members who wish to claim a day in lieu of a bank
holiday should do so in the same manner as if they are applying for annual
leave to their line manager.
Accrual of Leave Whilst on Sickness Absence
Paid Leave
Public Holidays: If a staff member is absent due to certified sickness and a
public holiday falls within that period, they are entitled to claim the day as
leave – to be taken at a later date by agreement with their line manager.
Marriage/ Paternity Leave /Study Leave /Compassionate Leave / Force
Majeure etc: If sickness occurs while the staff member is on one of the
above, the staff member can furnish a medical certificate stating that he / she
is sick and the period covered by such evidence shall not be counted as part
of the leave. The leave covered by the medical certificate can be taken at a
later date by agreement with their line manager.
Maternity Leave - Should a staff member be absent from work either wholly
or partly due to pregnancy after the 2nd week before their expected date of
confinement, their period of maternity leave will commence automatically and
they will no longer be considered as absent on sick leave.
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Unpaid Leave
Additional Maternity/Adoptive Leave: If sickness occurs while the staff
member is on unpaid maternity or adoptive leave, they are entitled to
terminate this unpaid option in the event of certified illness so that they can
avail of sick leave benefits. However, if the staff member avails of sick leave
benefits she/he will not be entitled to avail of the untaken period of additional
maternity or adoptive leave.
Parental Leave: Sick leave is not considered to be part of parental leave.
However if the parent is certified ill while on parental leave, the leave can be
suspended for the duration of the certified illness. The parental leave resumes
after the illness. During the illness the parent is treated as a staff member who
is on certified sick leave.
Career Break/Leave of Absence (LOA): If sickness occurs while a staff
member is on career break or leave of absence they are not entitled to sick
leave payment from FÁS and the career break/ LOA period is not extended by
the number of days sick leave.
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Appendix 3 – Referral to Occupational Health Advisor – Staff Information
Sheet
1.
What is Occupational Health Provider (OHP)?
The OHP is a confidential advisory service. One of its roles is to provide advice
regarding fitness for work to line managers, who are responsible for the monitoring
and control of staff sickness absence. This advice is aimed at assisting staff to regain
and retain their good health and return to work.
2.
Why have I been referred?
This may be due to a number of reasons i.e. supporting you at work with health
related issues.
The FAS sickness absence policy advises managers to refer staff experiencing
prolonged or frequent sickness absence to the Occupational Health Provider. In
addition to this any stress-related absence may result in a referral to OHP.
Your manager should normally have discussed the purpose of the referral with you
pre-referral. Normally an OHP appointment should provide advice for the individual
and your manager/HR regarding the likely duration of sickness absence, the
functional effects of any ill health on your work, how the your health affects your
ability to work, and suggested rehabilitation approaches back into the workplace
where appropriate.
If you have any queries regarding the referral then you should discuss this with your
line manager, or Human Resources in the first instance.
3.
What will happen when I arrive for my appointment?
The Occupational Health Provider will introduce him/herself to you and explain the
purpose of the assessment. If a physical examination is likely to be desirable this will
be explained. The doctor or nurse will then ask for your written consent to proceed
with the assessment.
4.
What do I bring to the appointment?
It would be helpful for you to bring a list with you of any medication you are
currently on and any Doctor or Specialist names and addresses when you attend the
appointment.
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5.
What will be said in the letter to FÁS?
After assessment the Occupational Health report to FÁS will be discussed with you in
detail. This may include likely duration of sickness absence, the day to day effect of
any permanent or short term disability and subsequence advice on restrictions to
normal duties, which may enable an earlier return to work and rehabilitation. Please
note that any restrictions/changes to your work are for recommendation only and need
to be discussed with the line manager and Human Resources prior to any change
being implemented.
6.
Who will see my Occupational Health records?
The standards of confidentiality for records held by your general practitioner or any
hospital specialist you may have seen also apply to occupational health records.
Consequently, neither your manager nor Human Resources has access to your
records. Details of your records will only be released with your permission or, in
exceptional circumstances, as a legal or ethical requirement.
7.
Can I have a copy of the letter from Occupational Health to FÁS?
Yes, you will be provided with a copy.
8.
Will Occupational health write to my general practitioner / hospital
specialist for information?
If the Occupational Health Provider believes that a report would be useful, the reasons
for this will be discussed with you and a request made only with your informed
written consent. Your right to read any such report will be explained to you at this
time.
9.
What if I have already returned to work or my general practitioner has
given me a date to return within the next few days?
If your absence has been long term, you should still meet with OHP prior to any
return to work. Even if you are back at work, it is sometimes beneficial to attend the
meeting. If you are still unsure you should discuss the ongoing need for an OHP
appointment with your manager.
10.
What if I do not wish to attend an appointment in the OHP?
Without the benefit of guidance from the OHP your managers may make decisions
regarding your ongoing employment based on the information available to them. It is
therefore in your interest to attend the OHP. Alternatively the OHP will discuss any
concerns you may have about the appointment on the day.
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11.
What if I cannot make this particular appointment date?
If you are unable to attend please inform HR as early as possible in order that another
appointment be rescheduled for you.
12.
What if I am too unwell to attend OHP?
Please contact and advise HR if this is the case.
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