SICKNESS ABSENCE MANAGEMENT PROCEDURE (SAMP) 1.0 Introduction 2.0 Sickness Absence Reporting Process 2.1 First day of absence Employee responsibilities Administration responsibilities 2.2 Second to seventh calendar day of absence 2.3 Eighth day of absence and submission of medical certificates 3.0 Employee and Manager responsibilities during the absence period 4.0 Return to Work Process 5.0 Sickness Absence Process (SAP) when triggers have been reached 6.0 Long Term Sickness Process (LTSP) 7.0 Options for managers to consider if poor attendance has been identified in the past 8.0 Occupational Health Referral Process 9.0 Frequently Asked questions a) b) c) d) e) f) g) h) i) j) k) How is the trigger point qualifying period identified? Do weekends count towards the trigger points? What happens if the employee’s record is clear for 12 months? Are there any circumstances where the SAP will be escalated? How does the LTSP link to the SAP? During the 12 month monitoring review period, are the manager and employee required to meet? Is there a Right of Appeal? When can discretion be applied to a case? What are the timescales for arranging the return to work interview and meetings under the SAP and LTSP? Can my manager send me home if they consider I am too ill to work? What happens if an employee does not attend work as expected? l) Sickness Absence and Annual Leave/bank holiday leave – a range of questions including: o If I take annual leave directly in between two periods of absence, is this regarded as two separate occasions of sickness absence? o How is sickness absence on a bank holiday treated? m) If an employee has been issued a Fit Note, when can they return to work? n) Can Six Town Housing refuse to allow an employee to return to work? o) The employee has provided a Fit Note which states they may be able to return to work. What is Six Town Housing required to do? p) When is a phased return to work or restricted duties applicable? q) Do STH link periods of sickness absence? r) I do not want to go to OH, what will happen? s) Can I apply for an extension of full or half occupational sick pay? t) Are there any circumstances where the SAP will be suspended and re-started at a later date or the review period extended ? Appendices Appendix 1 Appendix 2 Example of escalation through the SAP triggers Example of linking the LTSP with the SAP D:\81911606.doc Page 2 of 26 1.0 INTRODUCTION 1.1 This document provides processes on the notification of sickness absence, certification, return to work, and formal mechanisms for dealing with frequent short term sickness, processes for dealing with long term absence and if necessary the termination of employment. The processes are fair and allow for transparency of process whilst seeking to respect employees’ confidentiality. 1.2 It should be used alongside Six Town Housing (STH) Sickness Absence Guidelines (SAG), which provides more detail about the management of illness, support from occupational health as well as other relevant factors that relate to the management of sickness absence. 2.0 SICKNESS ABSENCE REPORTING PROCESS 2.1 First Day of Absence Employee responsibilities Employees who are unable to attend work because of sickness, injury or other disability must notify their line manager in person within one hour of their normal starting time or by 10.00 am at the latest. In exceptional circumstances (e.g. hospital admission) a friend or relative may make contact on behalf of the employee. Please note, where separate local documented arrangements exist that process must be followed. If the employee’s line manager is not available, the employee must speak to the business manager for their service area. Only in circumstances where contact with their line manager or business manager fails should an employee leave a message and contact number with another colleague or the Customer Contact Centre. If a message is left, their line manager or another designated manager will, where possible contact the employee the same day and employees are expected to communicate with them. Please note that it is not acceptable for an employee to leave a message on voicemail or by text message or with another colleague without first attempting to contact their line manager or business manager. Where it becomes evident this method is persistently used it may be considered a disciplinary matter. Employees should give a clear indication of the nature of their illness, state whether or not they have seen or intend to see a doctor and provide an indication of their expected date of return to work. The employee should also indicate if they have work commitments / meetings / training booked for the anticipated length of absence. If the employee is absent due to an accident or injury sustained at work, they must make this clear when they contact work. They should say whether the incident was reported, and to whom it was reported. The manager should consider whether or not to refer the employee to Occupational Health at the time of the call. Further details regarding the reporting of accidents at work can be found at Section 20 of the SAG. Administration responsibilities D:\81911606.doc Page 3 of 26 Form SA1 (sickness absence notification and conversation record form) has a dual purpose which is to record the initial reporting in sick conversation and to record subsequent conversations with the employee. The manager taking the call will complete Form SA1. The completed form should be sent via e-mail to [email protected] so the absence can be recorded for statistical purposes and the reason reviewed by the HR Advisor in case there is further support required, depending upon the nature of the sickness absence. If the employee has been unable to speak to their line manager or business manager, and the call is taken by a colleague, the colleague should complete the first part of Form SA1 and email this to the employee’s line manager and business manager. The line manager or designated manager in the line manager’s absence is then responsible for contacting the employee to gain full information on the nature of their illness. The information should be recorded on Form SA1 and emailed by the line manager or designated manager to [email protected]. 2.2 Second to Seventh Calendar Day of Absence Unless medical certification (e.g. hospital certificate or Fit Note) has been provided, the employee is required to contact work every day they are absent between calendar days two and day seven, unless the line manager or designated manager advises this is not necessary. Where a call is due at the weekend or on a Bank Holiday, the employee should ring on the next working day. The conversations should be recorded on the original Form SA1. Form SA1 should be retained by the manager during the employee’s period of absence. If the employee has been unable to speak to their line manager, then the principles referred to under the first day of absence should be followed. 2.3 Eighth Day of Absence & Submission of Medical Certificates If an employee’s sickness extends beyond seven calendar days, including weekends and Bank Holidays (irrespective of whether these are normal working days), the employee must either obtain a medical certificate covering the whole of the absence or obtain a medical certificate for the remainder of their absence after the first seven calendar days, and notify their line manager their absence is continuing. The first medical certificate should be submitted to HR (marked private and confidential) at the latest by the 11th calendar day of sickness absence. HR will inform the line manager that a medical certificate has been received and the reason for absence. Further certificates must run concurrently from the previous certificate and be submitted to HR within 3 calendar days of expiry of the previous one. If due to the timing of Doctors appointments or the postal system the certificate will not be with HR within the timescales specified, the employee should notify the line manager to explain why and when it will be received. The line manager should forward on this information to HR for recording purposes. D:\81911606.doc Page 4 of 26 If the employee has been unable to speak to their line manager, then the principles for reporting absence referred to under the first day of absence should be followed. Frequently asked questions can be found in Section 9 of this SAP. The list of questions are also detailed on page 2 of the SAMP. 3.0 EMPLOYEE AND MANAGER RESPONSIBILITIES DURING THE ABSENCE PERIOD There is a responsibility on both the employee and the line manager to maintain reasonable contact throughout the period of absence. In most cases after the seventh day of absence this should be no less than once per fortnight unless agreed otherwise. The line manager is required to document all conversations on the original Form SA1 as a record for both the employee and the manager. The line manager needs to ensure that essential work is reallocated and service delivery is maintained. The employee must not become isolated, vulnerable, out of touch or be fearful of an unmanageable workload on their return. The employee is expected to contact their line manager when they have consulted their doctor or other medical practitioner caring for them and are in receipt of a medical certificate. The line manager has a responsibility to update the HR Advisor on the employee’s progress whenever contact is made with the employee. If an employee stays away from their usual address at any time during their absence e.g. if they stay with a relative or friend, they should provide their line manager with the alternative contact details in advance. Employees must not take up or continue any other employment (whether paid or unpaid) that is inconsistent with their reason for absence. If employees are unsure, they must contact HR for advice. Where there is reason to believe an employee is not genuinely sick, this will be dealt with as potential misconduct under Six Town Housing’s Disciplinary Procedure. If the line manager is planning time away from the office then arrangements must be made for an alternative manager to maintain contact with the employee. In the event the line manager is unavailable due to unplanned leave, the employee must contact their business manager or another manager within their business area or Directorate. Frequently asked questions can be found in Section 9. 4.0 RETURN TO WORK PROCESS Wherever possible, the employee must confirm their return to work date to their manager before returning to work. When the return to work date has been established the line manager should contact their HR Advisor for clarity on whether the employee has hit a trigger point. It is essential that line managers arrange to meet with an employee when they return to work from any period of sickness absence on the first day of return to conduct a return to work interview using Form SA3. D:\81911606.doc Page 5 of 26 The meeting is informal and is intended to welcome the employee back to work, gather more information, and to identify and address any support needs and share any concerns. Where a face to face meeting cannot be held on the employee’s first day back an initial conversation may be held by telephone to check the employee is fit to return to work, and a meeting arranged as soon as possible thereafter. Notes of telephone and face to face conversations should be recorded on Form SA3. If the employee’s line manager is on leave when the employee returns to work then another manager from the same business area will hold the return to work meeting. When the employee’s line manager returns from leave the line manager and the employee will both meet to review the return to work documentation completed. This will ensure that any actions such as supportive measures required are followed up by the line manager. The content of the discussion at the meeting will depend on the nature and length of the employee’s absence. Meetings will be carried out in private and remain confidential. Line managers will need to be sensitive to underlying problems and to any possible need for additional assistance to enable the employee to resume their full duties. In most instances, where the employee concerned has a good attendance record, the return to work interview will be a brief informal discussion, carried out as part of normal day-to day supervision. There is no right for the employee to be accompanied at the return to work meeting as this meeting does not form part of the SAP. If an employee’s attendance record is giving cause for concern or is close to reaching a trigger point, then this should be communicated to the employee during the return to work interview. If the employee has hit the trigger which will move them into the stages of the SAP, the employee will be advised in the return to work meeting that a separate meeting will be arranged in accordance with the SAP . The employee is entitled to representation at this separate meeting and an HR Advisor is also required to attend. If the employee is returning to work after a period of long term sickness absence then the principles in section 9 (e) will apply. A copy of Form SA3 must be provided to the employee and an electronic copy sent by the manager to Human Resources at [email protected] where it will be retained on the employees file. Employees must also complete a sickness self certification/injury declaration form SA2 for all absences up to and including the first seven calendar days, unless covered by a medical certificate. This form should be sent by the manager to Human Resources electronically at [email protected]. NB if the absence also relates to an injury or incident at work then an Accident, Incident and Dangerous Occurrence Report Form (HS1) must also be completed and signed by both the manager and employee and returned to HR, if not done so already. Form SA1, which has been used to record all conversation notes during the employees absence should be sent electronically by the manager to Human D:\81911606.doc Page 6 of 26 Resources at [email protected]. A copy may also be provided to the employee if requested. Frequently asked questions can be found in Section 9. D:\81911606.doc Page 7 of 26 5.0 SICKNESS ABSENCE PROCESS (SAP) WHEN TRIGGERS HAVE BEEN REACHED Please note that if scheduled stage meetings cannot be held due to ill health or non cooperation of individual employees e.g. not attending Occupational Health Appointments, re-scheduled stage meetings will take place in the absence of the employee (if they are unable to attend), using all available information. If an employee is consistently failing to attend scheduled meetings then the Organisation reserves the right to escalate the case to the next stage. Key: Occasions; Separate occurrences of sickness absence, that may last for one or more days Days: The normal hours of work on a particular day as per the contract. Half days will be half the normal contractual hours STAGE ONE 2 occasions in 6 months and/or 6 days in 12 months 4 continuous weeks or more (Long Term Sickness Absence). Attendees Line Manager, HR Advisor & Employee with TU Rep/Work Colleague Action Stage One to be arranged within 4 weeks * Trigger Highlight concerns, agree support if required Consider referral to OH Explain consequences of moving through the SAP Outcomes Consider if regular meetings with the employee are required at which HR and the TU Rep and/or work colleague can be present Advise the employee that their record will be kept under review for 12 months from the date of return from the last period of absence. Employee informed of escalation to Stage Two if triggers are hit again in the 12 month review period and that a Stage Two Meeting will be arranged. Stage One outcome letter issued by the Line Manager. * Please refer to section 9 (i) of the SAMP for further clarity on adherence to timescales. D:\81911606.doc Page 8 of 26 STAGE TWO Trigger Further 2 occasions in 6 months and/or 6 days in 12 months 4 continuous weeks or more (Long Term Sickness Absence). Attendees Line Manager, HR Advisor & Employee with TU Rep/Work Colleague Action Stage Two Meeting to be arranged within 4 weeks * Highlight concerns, agree support if required Consider referral to OH Explain consequences of moving through the SAP Outcomes . Consider if regular meetings with the employee are required at which HR and the TU Rep and/or work colleague can be present Advise the employee that their record will be kept under review for 12 months from the date of return from the last period of absence. Employee informed of escalation to Stage Three if triggers are hit again in the 12 month review period and that a Stage Three Meeting will be arranged. Stage Two outcome letter issued by the Line Manager * Please refer to section 9 (i) of the SAMP for further clarity on adherence to timescales. D:\81911606.doc Page 9 of 26 STAGE THREE Further 2 occasions in 6 months and/or 6 days in 12 months 4 continuous weeks or more (Long Term Sickness Absence). Attendees Business Mgr, HR Advisor & Employee with TU Rep/Work Colleague Action Stage Three Meeting to be arranged within 4 weeks * Trigger Highlight concerns, agree support if required Consider referral to OH Explain consequences of moving through the SAP Outcomes Consider if regular meetings with the employee are required at which HR and the TU Rep and/or work colleague can be present Advise the employee that their record will be kept under review for 12 months from the date of return from the last period of absence. Employee informed of escalation to Stage Three (A) if triggers are hit again in the 12 month review period and also what the implications of a move to Stage Four would mean (refer to Stage 4). Stage Three outcome letter issued by the Business Manager * Please refer to section 9 (i) of the SAMP for further clarity on adherence to timescales. D:\81911606.doc Page 10 of 26 STAGE THREE (A) CASE REVIEW MEETING Trigger Further 2 occasions in 6 months and/or 6 days in 12 months 4 continuous weeks or more (Long Term Sickness Absence). Attendees Director, Business Manager and HR Advisor (NB, the employee is not present at this meeting) Action Stage Three A Meeting to be arranged within 4 weeks * HR Advisor requests an up to date report from occupational health, if not already done. The employee is provided with a copy of the occupational health report (if they request this) before the organisation receives the report. Director reviews the employee’s sickness absence case history. Director considers if there are any current live warnings under the Disciplinary Procedure on file. Business Manager with support from the HR Advisor, discuss the case history and actions taken to date with the Director of Service Outcomes Director decides to refer case back to Stage Three of the process where the identification (if applicable) of individual ‘triggers’ or ‘adjustments’ to triggers to allow for e.g. disability are considered. Or Director decides to refer case to Stage Four of the SAP Outcome letter is issued to the employee by the Director or Business Manager confirming the decision by the Director. * Please refer to section 9 (i) of the SAMP for further clarity on adherence to timescales. D:\81911606.doc Page 11 of 26 STAGE FOUR HEARING Attendees Chief Executive or Director (not involved in the case at Stage Three A) Chairs the Hearing, HR support to provide procedural advice to the Chair, Business Manager (case presentation), HR Advisor to support the Business Manager & Employee with TU Rep/Work Colleague, if required. Action Outcomes Stage Four Hearing to be arranged within 4 weeks * HR Advisor requests an up to date report from occupational health, if not already done. The employee is provided with a copy of the occupational health report (if they request this) before the organisation receives the report. Business Manager with the support of HR will prepare a full case review summary report, which is issued to the employee prior to the Hearing taking place. Business Manager with support from the HR Advisor, presents the case history and actions taken to date. Options include: The employee reverts to Stage Three and their record will be kept under review for 12 months from the date of return from the last period of absence. . o Consider if regular meetings with the employee are required at which HR and the TU Rep and/or work colleague can be present OR Final Written Warning for 12 months and: o Record will be kept under review for 12 months from the date of return from the last period of absence. o Consider if regular meetings with the employee are required at which HR and the TU Rep and/or work colleague can be present o If triggers hit again in the 12 month review period the case will be considered at Stage Four and a decision made on whether to proceed to Stage Four or not. o Employee to be advised that if any other type of misconduct occurs during the warning period, which would normally be managed under the Disciplinary Procedure, a Final Written Warning under the SAP may be taken into account at the disciplinary hearing. Dismissal may be considered. OR Dismissal with right of appeal. Stage Four outcome letter issued by the Director of Service * Please refer to section 9 (i) of the SAMP for further clarity on adherence to timescales. D:\81911606.doc Page 12 of 26 6.0 LONG TERM SICKNESS PROCESS (LTSP) The trigger point for managing a case under the LTSP is 4 continuous weeks of sickness absence. The LTSP links to the SAP. Further information can be found in Section 9 (e). Please note that if scheduled stage meetings cannot be held due to ill health or non cooperation of individual employees e.g. not attending Occupational Health Appointments, re-scheduled stage meetings will take place in the absence of the employee (if they are unable to attend), using all available information. If an employee is consistently failing to attend scheduled meetings then the Organisation reserves the right to escalate the case to the next stage. Weeks Stage Weeks Weekly 1 – 4 of telephone absence contact between Line Manager and employee Action To receive an update on illness/progress Outcome Immediate referral to OH in some instances N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, either weekly contact continues or the First Wellbeing Meeting will be arranged, depending upon length of absence. Week 5 First Wellbeing of Meeting with absence Line Mgr and TU/HR Gain further insight into nature of illness, treatment and possible RTW date Refer to OH if appropriate. N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Second Wellbeing Meeting will be arranged. Week 9 Second of Wellbeing absence Meeting with Line Mgr and TU/HR Update on illness, treatment and possible RTW date If no RTW date imminent, refer to OH if not already seen at week 5. N.B If RTW date imminent, a meeting with the employee will be arranged at the Manager to agree time and date for next contact. Manager to keep notes of the discussion on Form SA1. Mgr to inform employee that if they remain absent a Wellbeing Meeting will be set up during week 5 of their absence Manager to agree time and date of next meeting with employee Manager to issue letter to employee confirming the outcome of the meeting Manager to continue with telephone contact and document this on Form SA1 Manager to agree time and date of next meeting with employee Manager to issue letter to employee confirming the outcome of the meeting Manager to continue with telephone contact and document this on Form SA1 D:\81911606.doc Page 13 of 26 appropriate stage of the SAP when they RTW. If the RTW is deferred, the Third Wellbeing Meeting will be arranged. Week 12 of absence or when OH Report received Third Wellbeing Meeting with Line Mgr and TU/HR Update on illness, treatment and possible RTW date First Case Review Panel with Chief Executive or Director supported by HR and with the Line Manager or Business Manager, supported by HR, TU Rep and Employee Update on illness, treatment and possible RTW date Fourth Wellbeing Meeting with Business Manager and TU/HR Manager to continue with telephone contact and document this on Form SA1 Consider options: Temporary or permanent redeployment Adjustments Ill Health Retirement Structured RTW Access to Work Continued absence with further review period Dismissal on grounds of capability with right of appeal*. Report prepared by the Line Manager covering the nature of the illness and previous sickness absence record, the support offered to date, and information received from OH and the employee. Report issued to employee prior to Case Review Panel. N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Fourth Wellbeing Meeting will be arranged. Week 20 Manager to advise employee if there is no prospect of a return to work date then the next meeting will be a First Case Review Panel with the Chief Executive or Director in 4 weeks time where a decision will be taken on continued employment and the outcome may be dismissal. If no RTW date imminent escalate to Case Review Panel N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, a case review panel will be arranged. Week 16 Update on illness, treatment and possible RTW date Where applicable, Manager to continue with telephone contact and document this on Form SA1 Manager to agree time and date of next meeting with employee Manager to issue letter to employee confirming the outcome of the meeting Manager to continue with telephone contact and document this on Form SA1 N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Fifth Wellbeing Meeting will be arranged. D:\81911606.doc Page 14 of 26 Week 24 Week 29 Week 32 Week 36 Fifth Wellbeing Meeting with Business Manager and TU/HR Second Case Review Panel with Chief Executive or Director supported by HR and with the Line Manager or Business Manager, supported by HR, TU Rep and Employee Sixth Wellbeing Meeting with Business Manager and TU/HR Seventh Wellbeing Meeting with Business Manager and TU/HR Update on illness, treatment and possible RTW date Manager to advise employee if there is no prospect of a return to work date then the next meeting will be a Second Case Review Panel with the Chief Executive or Director in 4 weeks time where a decision will be taken on continued employment and the outcome may be dismissal. Manager to continue with telephone contact and document this on Form SA1 N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, a case review panel will be arranged. Update on illness, treatment and possible RTW date Consider options: Report prepared by the Business Manager covering the nature of the illness and previous sickness absence record, the support offered to date, and information received from OH and the employee. Report issued to employee. N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Sixth Wellbeing Meeting will be arranged. Update on illness, treatment and possible RTW date N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Seventh Wellbeing Meeting will be arranged. Update on illness, treatment and possible RTW date Temporary or permanent redeployment Adjustments Ill Health Retirement Structured RTW Access to Work Continued absence with further review period Dismissal on grounds of capability with right of appeal*. Where applicable, Manager to continue with telephone contact and document this on Form SA1 Manager to agree time and date of next meeting with employee Manager to issue letter to employee confirming the outcome of the meeting Manager to continue with telephone contact and document this on Form SA1 Manager to advise employee if there is no prospect of a return to work date then the next meeting will be a Third Case Review Panel with the Chief Executive or Director in 4 weeks time where a decision will be taken on continued employment and the outcome may be dismissal. Manager to continue with N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, a case review panel will be arranged. D:\81911606.doc Page 15 of 26 telephone contact and document this on Form SA1 Week 40 Third Case Review Panel with Chief Executive or Director supported by HR and with the Line Manager or Business Manager, supported by HR, TU Rep and Employee Update on illness, treatment and possible RTW date Week 49 Week 52 Eighth Wellbeing Meeting with Business Manager and TU/HR Ninth Wellbeing Meeting with Business Manager and TU/HR Fourth Case Review Panel with Chief Executive or Director supported by HR and with the Line Manager or Temporary or permanent redeployment Adjustments Ill Health Retirement Structured RTW Access to Work Continued absence with further review period Dismissal on grounds of capability with right of appeal*. Report prepared by the Business Manager covering the nature of the illness and previous sickness absence record, the support offered to date, and information received from OH and the employee. Report issued to employee. N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Eighth Wellbeing Meeting will be arranged. Week 44 Consider options: Update on illness, treatment and possible RTW date Where applicable, Manager to continue with telephone contact and document this on Form SA1 Manager to agree time and date of next meeting with employee Manager to issue letter to employee confirming the outcome of the meeting Manager to continue with telephone contact and document this on Form SA1 N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, the Ninth Wellbeing Meeting will be arranged. Update on illness, treatment and possible RTW date Manager to advise employee if there is no prospect of a return to work date then the next meeting will be a Fourth Case Review Panel with the Chief Executive or Director in 4 weeks time where a decision will be taken on continued employment and the outcome may be dismissal. Manager to continue with telephone contact and document this on Form SA1 N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, a case review panel will be arranged. Update on illness, treatment and possible RTW date Report prepared by the Business Manager covering the nature of the illness and previous sickness absence record, the support offered to Consider options: Temporary or permanent redeployment Adjustments Ill Health Retirement Structured RTW Access to Work D:\81911606.doc Page 16 of 26 Business Manager, supported by HR, TU Rep and Employee Retained employment for a maximum number of weeks. Number to be agreed at the Case Review Panel. Follow up Case Review Panel will be arranged Dismissal on grounds of capability with right of appeal*. date, and information received from OH and the employee. Report issued to employee. N.B If RTW date imminent, a meeting with the employee will be arranged at the appropriate stage of the SAP when they RTW. If the RTW is deferred, a case review panel will be arranged. Where applicable, Manager to continue with telephone contact and document this on Form SA1 *Please refer to Six Town Housings Appeals Procedure for further information on the Appeal Process D:\81911606.doc Page 17 of 26 7.0 OPTIONS FOR MANAGERS TO CONSIDER IF POOR ATTENDANCE HAS BEEN IDENTIFIED IN THE PAST If poor attendance has been identified as a problem in previous absence monitoring meetings, specific arrangements for daily contact may be made with the employee. In individual circumstances, employees may be asked to provide medical certificates for periods of less than seven days sickness absence, unless the absence was due to certain exceptions such as disability or maternity. Six Town Housing will reimburse GP expenses in these circumstances. Before using this option, managers are encouraged to seek guidance from Human Resources. 8.0 OCCUPATIONAL HEALTH REFERRAL PROCESS Occupational Health provides management with guidance on issues of health regarding short and long term absences or where there is an underlying health concern or disability. Further information on why a referral to occupational health may be appropriate, including the automatic reasons for requesting a referral can be found in Section 6.8 of the SAG. If a referral is required the process below should be followed. All Occupational Health referrals are made via Human Resources. Managers should forward requests for an Occupational Health referral to HR on Form SA4 giving the reason for the referral and any other information which will help the Occupational Health team. Please note, that if a referral is required as part of the SAP which involves the HR Advisor then the manager is not required to complete this form. Where a line manager is unsure whether a referral would be appropriate, advice can be sought from Human Resources. The employee can request a copy of the OH report be sent to them at the time of their Occupational Health appointment. The OH service advise employees on their rights regarding the Access to Medical Reports Act 1988 as relevant. Health Update Meetings (informal) will be used as the mechanism to discuss Occupational Health Reports unless the employee is subject to the SAP. Upon receipt of an Occupational Health report, the HR Advisor will send a copy to the employee’s line manager for discussion and a Health Update Meeting will be arranged. Employees will not normally have the right to be accompanied at informal Health Update Meetings. If the line manager requests HR to be present, the employee will be offered the opportunity to be accompanied. Further guidance on Health Update Meetings can be found under Section 23 of the SAG Please note, that if the report has been requested as part of the SAP, which involves the HR Advisor, the HR Advisor will attend the Stage Review Meeting (at whatever stage the employee is at) with the line manager to review the report. 9.0 FREQUENTLY ASKED QUESTIONS a) How is the trigger point qualifying period identified? D:\81911606.doc Page 18 of 26 The Organisation will normally count the first day of an absence as the key date and will count 6 calendar months and 12 calendar months backwards from this date to determine whether or not a trigger point has been hit. However, if the absence is for more than one day then the total sickness absence period will be counted for the purpose of identifying the rolling 6 or 12 month period. If an employee has already attended a meeting under the SAP and they hit the triggers again during their 12 month review period, they will be asked to attend a meeting at the relevant stage in accordance with the SAP. Any review period agreed as an outcome of a SAP stage meeting will run from the date of the employees return to work from their most recent period of sickness absence. b) Do weekends count towards the trigger points? No. c) What happens if the employee’s record is clear for 12 months? An employee will remain at a stage in the process for 12 months. If after 12 months no further triggers have been hit then the employee’s record will be cleared and they will revert back to Stage One if triggers are hit again, subject to the notes in 9 (d) below. d) Are there any circumstances where the SAP will be escalated? In most cases, where employees have a clear twelve months between any triggers, the employee’s record will be cleared .The SAP will not start again unless further triggers are hit. The organisation will regularly review the frequency and nature of sickness absence for welfare and business reasons. We generate reports on sickness absence and as part of this reporting process we will also review an employee’s sickness absence record if patterns become evident, for example: Several periods of repeated absence after a weekend, a bank holiday, or after paid or unpaid leave; Returning to work just before full or half pay is exhausted; Employees having repeated cycles of warnings with 12 months clear and then further warnings; Employees have significant periods of sickness absence which impact on the business or may indicate welfare or capability issues; Employees repeatedly not attending scheduled meetings or occupational health appointments as part of the SAMP and SAP. In the event of patterns becoming evident the organisation reserves the right to discuss these absences with an employee under the SAP at an escalated stage, depending on previous history. For example: An employee would be invited to a Stage One Meeting if they have not been seen at this stage before or to Stage Two, Stage Three or have their case reviewed at Stage Three (A), as appropriate. D:\81911606.doc Page 19 of 26 Where the amount of sickness absence on an employee’s total record is regarded as significant then we may deal with this separately, particularly if this has an impact on the business or gives cause for concern for welfare or capability reasons. In those circumstances we may not use the SAP but refer to our Capability Procedure. e) How does the LTSP link to the SAP? The Organisation recognises that long term sickness absence reasons are very often for one off/serious reasons. While the Organisation takes a supportive approach to managing long term sickness absence cases the stages of the SAP will still apply. Please refer to Appendix 2 for an illustration of the above. f) During the 12 month monitoring review period, are the manager and employee required to meet? Unless the manager who is overseeing the case thinks it is necessary to have regular meetings to review an employee’s health and welfare, these discussions can take place as part of normal one to ones and Success and Progress meetings. E.g. Regular meetings may be arranged after an Occupational Health Report has been received; or to review reasonable adjustments or actions that may have been agreed at the Stage Meeting. If regular meetings are arranged as a follow up action to a stage meeting then the employee may if they wish bring along a TU Rep and/or work colleague to the meeting. g) Is there a Right of Appeal? An employee does not have a right of appeal regarding the outcome of action taken at Stage One, Two, Three or Three A. However, there is a right of appeal at Stage Four of the SAP and where dismissal has been applied in the LTSP. Further guidance can be found at Section 26 of the SAG. h) When can discretion be applied to a case? As a general rule of thumb, where an employee has a chronic illness or a disability, the Organisation will take a supportive approach. The principles of the Equality Act 2010 will apply in some cases and Human Resources will be able to provide up to date advice on any relevant case law which could impact on the management of a case, including stage progressions. Other than the above, discretion can only be applied at Stage Three (A) with the agreement of the Director of Service after taking advice from HR. The Human Resources Team will monitor the reasons where discretion is applied for consistency across the business and any discretion that is applied must be recorded appropriately. i) What are the timescales for arranging the return to work interview and meetings under the SAP and LTSP? D:\81911606.doc Page 20 of 26 All Return to Work Interviews must, where possible be held face to face on the employee’s return to work date. If it is not possible to hold a face to face meeting on day one, a telephone conversation is required. Please refer to Section 4 above. The Organisation has a responsibility to ensure the employee is fit to return to work and undertake their duties. The meeting also provides an opportunity for any support measures to be discussed and agreed if applicable. All stage meetings must be held within 4 weeks of the employee returning to work, where possible. Any meetings required but not held during this period generally cannot be held retrospectively after 4 weeks have passed unless there are circumstances such as the organisation is waiting for medical reports or key staff are themselves absent due to illness. Where delays occur, the employee will be informed in writing of the reason why. If scheduled stage meetings cannot be held due to ill health or non co-operation of individual employees e.g. not attending Occupational Health Appointments, rescheduled stage meetings will take place in the absence of the employee (if they are unable to attend), using all available information. If an employee is consistently failing to attend scheduled meetings then the Organisation reserves the right to escalate the case to the next stage. The Executive Management Team will monitor cases to ensure meetings are held within the required timescales, as referred to above. j) Can my manager send me home if they consider I am too ill to work? An employee is required to make the decision on whether or not they are too ill to carry out their role. If any employee attends work, then they will be expected to carry out their full role, unless the employee provides a fit note which requests amended duties. Please also see question 9 (o). However, there may be instances where suspension from work on medical grounds by the employer is applicable. Further guidance on this can be found in Section 19 in the SAG. k) What happens if an employee does not attend work as expected? If an employee does not make contact on their first day of absence their line manager or business manager should telephone them to establish the reason for absence and the anticipated date of return. Failure to follow any aspect of the sickness absence reporting process, including maintaining contact or failure to satisfactorily explain sickness absence may lead to the absence being recorded as unauthorised, and as such be subject to possible action under the Disciplinary Procedure. Six Town Housing may also suspend payments under the Occupational Sick pay scheme if the required medical certificate is not provided or contact is not maintained. Before deciding upon a course of disciplinary action, consideration will be given to the nature of the employee’s absence and any other mitigating circumstances. If the decision is made to suspend Occupational Sick Pay, Human Resources will write advising the employee of the action and the reasons for it. D:\81911606.doc Page 21 of 26 l) Sickness Absence and Annual Leave / Bank Holiday Leave: I have fallen sick during a period of pre-booked annual leave. How will my annual leave be treated? Can I take a period of annual leave during a period of sick leave? Can I carry forward annual leave if I have been unable to take it due to long term sickness absence? If I take annual leave directly in between two periods of sickness absence, is this regarded as two separate occasions of sickness absence How is sickness absence on a bank holiday treated? Please refer to Section 11 of the SAG. m) If an employee has been issued a Fit Note, when can they return to work? The GP should indicate on the Fit Note if they need to see the employee again. However, the DWP’s guidance confirms an employee should return to work as soon as they feel well enough and with the employer’s agreement. This may be before the Fit Note runs out. However, if the GP has advised it would be unsafe or detrimental to the employee’s health then the employee should take this advice seriously. n) Can Six Town Housing refuse to allow an employee to return to work? Six Town Housing reserves the right to refuse to allow an employee to return to work following Occupational Health advice. In the event of a difference in medical opinion between the Occupational Health Advisor and employee’s GP as to the employee’s fitness to return to work, the Organisation will follow the advice from Occupational Health. However, if required, the Organisation can ask Occupational Health for a third opinion from another Occupational Health Advisor. In the interim, the employee remains absent. o) The employee has provided a Fit Note which states they may be able to return to work. What is Six Town Housing required to do? If the fit note says an employee ‘may be fit for work’, this means the employee may be able to return to work with some help from Six Town Housing. The employee should discuss this advice with their line manager to see if they can return to work, taking into account the effects of their illness or injury. If it is possible for the employee to return to work the line manager should agree how this will happen, what support the employee will receive and how long the support will last. If the employee and manager agree it is not possible for the employee to return to work until the employee has recovered further, the employee does not need to return to their doctor for a new fit note unless their current fit note has expired. Further information on Fit Notes and what they mean can be found in Sections 21 and 22 of the SAG. p) When is a phased return to work or restricted duties applicable? There may be instances where it is beneficial for the employee to return to work on either reduced hours or restricted duties. Sometimes the recommendation may be D:\81911606.doc Page 22 of 26 noted on a Fit Note, or there may be recommendations made in an Occupational Health Report. Other times, it may become evident through discussions with the employee that implementing temporary adjustments may facilitate an earlier return to work. Section 22 of the SAG provides further guidance and advice on these adjustments and when to apply them. q) Do STH link periods of sickness absence? If two periods of sickness absence are linked to the same condition and occur very close together, the absence may be counted as one long period. For example, an individual may take off 15 working days absence for surgery and then returns to work and realises the return was too early and goes off for a further 5 working days. The two absences would be linked and treated as one period of absence. r) I do not want to go to OH, what will happen? We appreciate employees may have concerns about attending occupational health. The organisation wishes to make the process as transparent and open as possible and therefore the reason for requesting you to attend should be clearly explained to you. We will share with you a copy of the referral document so that you can see what information we are seeking and we shall answer any questions that you may have. Where employees have expressed a wish to not attend occupational health then the manager and HR will meet with you to discuss your concerns further. Attention is drawn to the terms and conditions of employment with Six Town Housing in regards to the requirement to attend medical appointments at any time. It may be regarded as a disciplinary matter if employees refuse to attend a medical appointment. In addition, Six Town Housing will only be able to make decisions based on the information it has been given, which may not always be in an employee’s best interests. Where an employee does not attend Occupational Health, stage review meetings will continue to be held and the employee will be invited to attend. If the employee does not attend either due to illness or unwillingness to attend, the stage review will proceed on the basis of the information available. For this reason, employees are encouraged to attend appointments with Occupational Health. If an employee is consistently failing to attend scheduled meetings then the Organisation reserves the right to escalate the case to the next stage in whichever process applies (SAP or LTSP). The organisation may also consider suspending occupational sick pay. Please refer to Section 6.8 of the SAG for further information on the role of Occupational Health. s) Can I apply for an extension to full or half occupational sick pay? The Chief Executive of Six Town Housing shall have the discretion to extend the period of occupational sick pay in exceptional circumstances. All requests must be submitted in writing to the Chief Executive, with reasons for the exceptional circumstances. D:\81911606.doc Page 23 of 26 t) Are there any circumstances where the SAP will be suspended and re-started at a later date or the review period extended? The process will not usually be suspended i.e. stopped and then started again without the triggers being hit, but in circumstances where there is concern regarding absences or patterns, action detailed in sections (c) and (d) may be taken. Employees who do not attend work for a period of time e.g. due to a career break or suspension under disciplinary investigation, may have any monitoring period extended to account for the break from work. Name of Document: Date Approved by Exec: Sickness Absence Management Procedure (SAMP) 30 September 2013 Author & Department: Date Approved by Board / Committee: Version: Dates of Previous Versions: Review Date: Jayne Quinn, HR September 2016 File path: Q:\HR\HR Policy and Procedure\Policies 2013\Sickness Absence Management\Sickness Absence Management Procedure (SAMP).doc D:\81911606.doc Page 24 of 26 APPENDIX 1 - EXAMPLE OF ESCALATION THROUGH THE SAP TRIGGERS Date Action Outcome 1-8 April 2009, 6 days absence (STS) Triggers hit Stage One Meeting held, progressed to Stage One. Record kept under review from 9 April 2009 to 8 April 2010 10 - 17 August 2009, 6 days absence (STS) Triggers hit Stage Two meeting held, progressed to Stage Two. Record kept under review from 18 August 2009 to 17 August 2010 6 -13 October 2009, 6 days absence (STS) Triggers hit Stage Three meeting held, progressed to Stage Three. Record kept under review from 14 October 2009 to 13 October 2010 9 – 16 February 2010, 6 days absence (STS) Triggers hit Stage Three (A) Case Review Meeting held, Director recommends the case is progressed to Stage Four. 8 March 2010 Stage Four Hearing Final written warning or termination of employment, with right of appeal. If warning issued, it remains ‘live’ for 12 months from 17 February 2010 to 16 February 2011. D:\81911606.doc Page 25 of 26 APPENDIX 2 - EXAMPLE OF LINKING THE LTSP WITH THE SAP Date Action Outcome 1-8 April 2009, 6 days absence (STS) Triggers hit Stage One Meeting held, progressed to Stage One. 10 August 2009 – 18 December 2009 (LTS) Triggers hit Record kept under review from 9 April 2009 to 8 April 2010 Stage Two meeting held, progressed to Stage Two. Record kept under review from 19 December 2009 to 18 December 2010 NB, meetings under the LTSP will have occurred at the required stage point and decisions taken accordingly. 6 -13 October 2009, 6 days absence (STS) Triggers hit Stage Three meeting held, progressed to Stage Three. Record kept under review from 14 October 2009 to 13 October 2010 2 February 2010 – 6 December 2010 (LTS) Triggers hit Stage Three (A) Case Review Meeting held, Director recommends the case is referred back to Stage Three. NB, meetings under the LTSP will have occurred at the required stage point and decisions taken accordingly. 21 December 2010 Stage Three Meeting held Record kept under review from 7 December 2010 to 6 December 2011 3 January 2011 – 4 January 2011 (STS) 10 March 2011 – 11 March 2011 (STS) 2 day absence, triggers not hit No action 2 day absence, trigger hit (2 occasions in 6 months) Stage Three (A) Case Review Meeting held, Director recommends the case is progressed to Stage Four. 24 March 2011 Stage Four Hearing Final written warning or termination of employment, with right of appeal. If warning issued, it remains ‘live’ for 12 months from 12 March 2011 to 11 March 2012. D:\81911606.doc Page 26 of 26
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