E.04a Sickness absence policy 1.0 INTRODUCTION 1.1 This policy is intended to promote fairness and equity in the treatment of Crossroads Care employees. This policy relates to all categories of staff and establishes the procedures for reporting and recording sickness absence and for managing short and long term absence. 1.2 Crossroads Care has a commitment to improve the health, well being and attendance of its employees and to reducing absence. Regular and punctual attendance is an implied term of every employee’s contract of employment. 1.3 The sickness absence policy may be amended from time to time and is not a contractual document. 2.0 NOTIFICATION OF ABSENCE 2.1 Employees should telephone their line manager or agreed contact as soon as they know they are going to be absent from work because of ill health. The employee should give the following information: a clear indication of the nature of the illness the date by which the employee is likely to return to work. 2.2 The employee must contact their manager or agreed contact regularly throughout their ill health absence. If the employee has a minor illness, has contacted the employer and has said when they expect to return, and that date is within seven days then further contact is not necessary unless there is any change to that situation. If the employee is uncertain how long they are likely to be away then contact with the manager should be sufficient to enable the manager to provide cover for the employee’s workload in their absence. This may mean the employee contacting the manager every day they are absent from work depending on the circumstances. 3.0 EVIDENCE OF ILL HEALTH 3.1 The employee must complete a self certification form for periods of sickness of up to and including one calendar week, see Sickness Self Certification Form. If the employee is sick for more than a week then a doctor’s fit note needs to be provided and sent to the manager without delay. 3.2 Failure to notify and certificate sickness absence correctly could result in disciplinary action or loss of pay. Delays in providing the appropriate evidence of sickness could result in sick pay being delayed or lost. 3.3 Employees will not work in another paid role of a similar nature to their post with Crossroads Care during an ill health absence without the prior consent of a manager. A failure to adhere to Policy/Sicknessabsence/2014/02/APe04a Last updated January 2014, to be implemented by April 2014. Review due January 2015. Carers Trust is a registered charity in England and Wales (1145181) and in Scotland (SCO42870). Registered as a company limited by guarantee in England and Wales No. 7697170. Registered office: 32-36 Loman Street, London SE1 0EH. Crossroads Care trade mark is a collective mark. © Carers Trust 2014 Crossroads Care Sickness absence policy this rule may lead to sick pay being withheld and a formal investigation. 4.0 MEDICAL HELP AND COUNSELLING 4.1 If there is concern about an employee’s health and fitness Crossroads Care reserves the right to ask the employee to submit to an independent medical examination, the cost of which will be borne by the Crossroads Care scheme. Advice may be sought to help identify the nature of the employee’s illness, the likely date of return to work (if absent) and the best way to improve the employee’s health. The medical advisor will be asked whether the employee is disabled and if so whether there are reasonable adjustments which can be made to enable the employee to return to work or remain in work and if not whether alternative work can be considered. 4.2 Crossroads Care employees have access to a confidential telephone counselling service through FirstAssist. The counsellors work with a wide range of issues including but not limited to: bereavement, debt, anxiety, depression, work related issues, family problems and relationship difficulties. Details of the counselling service will be displayed on Crossroads Care premises and will be publicised from time to time in information sent to employees. 5.0 SICK PAY 5.1 Details of sick pay entitlement are set out in the employee’s contract of employment. 6.0 RETURN TO WORK INTERVIEWS 6.1 On the employee’s return to work the manager will meet with them or telephone them to: discuss the reason for the absence; consider whether there is anything Crossroads Care can do to help and to ensure the employee is well enough to return to work. 6.2 An absence review meeting will be held if there are: frequent short term absences or a long term absence. The purpose of the review will be to decide whether further action is required to improve the employee’s attendance and well being. 7.0 DISABILITY DISCRIMINATION 7.1 When considering the reasons for absence it will be necessary to distinguish between ordinary ill health and disability. Disability is defined as a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out their normal day to day activities. The employer has a duty under The Equality Act 2010 to make reasonable adjustments to the employee’s work if they are disabled. If following reasonable adjustments it still is not possible for the employee to perform their existing role then the employer will consider whether there is alternative employment which can be offered to the employee. 8.0 RECORD KEEPING AND CONFIDENTIALITY 8.1 Absence records which contain specific medical information are deemed to be sensitive data and will be collected and used in accordance with the Data Protection Act 1998. Access to this information will be limited to one or two members of staff. The reason for collecting and using this information is to protect the health and safety of staff and clients and to prevent discrimination on the grounds of disability. 8.2 Absences which relate to a disability or pregnancy will be kept separately from sickness absence records and managed accordingly. Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 2 of 8 Crossroads Care Sickness absence policy 9.0 FREQUENT SHORT TERM ABSENCES 9.1 Schemes will decide the level of absence which will trigger an absence review. Staff should ask their manager for details of the trigger points which currently apply in their workplace. 9.2 Absence review frequent short term absences– informal meeting 9.2.1 At least one informal absence review meeting will be held with the employee. The manager will set out the standard of attendance which is required and how the employee is falling short. 9.2.2 Following the meeting the manager may decide medical advice is needed and will ask the employee to give their written consent on the appropriate form to their doctor being contacted or a referral being made to an occupational health advisor. The employee will be provided with written information about their rights under the Medical Reports Act 1988. 9.2.3 If the employee is disabled reasonable adjustments to the employee’s role will be considered and if they will not bring about improved attendance consideration will be given to whether alternative employment can be offered to the employee. 9.2.4 Having agreed actions to be taken the employee’s attendance will continue to be monitored over an extended period with regular meetings. The period over which monitoring will take place will vary according to the circumstances but is likely to be between one and three months and may be extended as necessary. The purpose of the meetings will be to consider how the actions taken to improve attendance are working and whether the outcome is improved attendance. If there is no improvement in attendance then the manager will explore the reasons for this and consider whether anything else can be done to improve the situation. 9.2.5 If there is no resolution to the sickness problem then the formal capability procedure will be started. Any ill health dismissal will be on the grounds of capability and will be a last resort. 9.2.6 Providing false information about an absence may be treated as misconduct and dealt with under the disciplinary policy and procedure. 9.4 Dismissal on the grounds of capability 9.4.1 The employee’s past attendance record, mitigating personal or domestic circumstances and the likelihood of the employee’s attendance record improving in the future will all be considered before any further action is taken. 9.4.2 If the employee is disabled reasonable adjustments and alternative employment will have been fully explored before further action is taken. 9.5 Stage one meeting frequent short term absences – capability 9.5.1 The manager will write to the employee to invite them to a stage one capability meeting at which they will have the right to be accompanied by a trade union representative or work colleague. The manager will enclose a copy of the sickness absence policy, medical report (if appropriate) and will set out in the letter the sequence of events to date. Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 3 of 8 Crossroads Care Sickness absence policy 9.5.2 The purpose of the meeting will be to: consider the medical report (if appropriate) look at the reasons why the actions taken to improve attendance have not had the desired effect look at the record of absences over the monitoring period consider the likelihood of further absences occurring explain the difficulty of the situation for the organisation and the impact on the service. 9.5.3 Following the meeting the manager will decide on the outcome. If the decision is that attendance is unsatisfactory then the manager will write to the employee and: set out the standard that is expected in future give the period over which absence will be monitored say that under the capability procedure this is a first written warning that their attendance is unsatisfactory and the consequence of there being no improvement during the monitoring period is that they will progress to stage two of the procedure and that they could, ultimately, be dismissed tell the employee of their right to appeal against the decision. 9.5.4 The post holder responsible for carrying out the stage one capability meeting will be [enter here details of the level to which responsibility has been delegated] 9.6 Stage two meeting frequent short term absences – capability 9.6.1 If there is no improvement in the employee’s attendance within the period set in stage one then the manager will write to the employee to invite them to a stage two capability meeting. The employee will have the right to be accompanied at the meeting by a trade union representative or work colleague. The manager will enclose a copy of the medical report (if appropriate) and set out in the letter the sequence of events to date. 9.6.2 The purpose of the meeting will be to: consider the medical report (if appropriate) look at the reasons why the actions taken to improve attendance have not had the desired effect look at the record of absences over the monitoring period consider the likelihood of further absences occurring explain the difficulty of the situation for the organisation and the impact on the service. 9.6.3 Following the meeting the manager will decide on the outcome. If the decision is that attendance is unsatisfactory then the manager will write to the employee and: set out the standard that is expected in future set out the period over which absence will be monitored say that under the capability procedure this is a final written warning that their attendance is unsatisfactory and the consequence of there being no improvement during the monitoring period is that they will progress to stage three of the procedure which could result in their dismissal tell the employee of their right to appeal against the decision. 9.6.4 The post holder responsible for carrying out the stage two capability meeting will be [enter Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 4 of 8 Crossroads Care Sickness absence policy here details of the level to which responsibility has been delegated] 9.7 Stage three meeting frequent short term absences - capability 9.7.1 If there is no improvement in the employee’s attendance within the period of time agreed at stage two then the manager will write to the employee to invite them to a stage three capability meeting at which they will have the right to be accompanied by a trade union representative or work colleague. The letter will enclose a medical report (if appropriate), set out the sequence of events to date and say the meeting may result in dismissal on the grounds of capability. 9.7.2 At the meeting the manager will: consider the medical report (if appropriate) consider whether there are any grounds to expect improvement in attendance in the foreseeable future check that all other options have been considered explain the difficulty of the situation for the organisation and the impact on the service. 9.7.3 Following the meeting the manager will decide on the outcome and write to the employee. If the decision is taken to dismiss the employee for unsatisfactory attendance under the capability policy the employee will be informed of their right to appeal against the decision. 9.7.4 The post holder responsible for carrying out the stage three capability meeting and if necessary making the decision to dismiss will be [enter here details of the level to which responsibility has been delegated] 9.8 Appeals – capability 9.8.1 Appeals will usually be heard by someone senior in authority to the person who took the original decision. The employee must appeal within seven days of the date of the decision being communicated to them in writing. The person hearing the appeal will arrange a meeting to consider the appeal at which the employee will have the right to be accompanied by a trade union official or work colleague. 10. LONG TERM ABSENCES 10.1 Regular contact will be maintained with employees who are likely to be absent from work for a long period of time. The aim of the contact will be to provide support during what may be a difficult time, help ensure the employee feels connected to work and their colleagues and when the time is right help plan a return to work. Initial contact will be by phone and the discussion will include arrangements for future contact. It may be useful for the manager to visit the employee at home, with their consent, and if appropriate, the agreement and support of their relatives or friends. 10.2 Absence review long term absence - informal meeting 10.2.1 If there is no clear indication when the employee will return or they are likely to be absent for an extended period at least one informal meeting will be arranged. The manager will meet with the employee either at their home or at another venue of their choice. This will be an informal meeting but the employee should be invited to bring a companion with them to the meeting for support and this may be a family member or friend (providing they are not a lawyer). The purpose of the meeting will be to explore the medical position, clarify how long the employee is likely to be away Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 5 of 8 Crossroads Care Sickness absence policy from work and see whether there are any practical steps which can be taken to help the employee return to work. 10.2.2 If the employee is disabled reasonable adjustments to their existing role will be explored and if reasonable adjustments will not bring about their return to work then alternative employment. 10.2.3 If there is no clear indication when the employee will return or there are other unanswered issues, the manager will ask the employee to give their written consent on the appropriate form to their doctor being contacted or to a referral to an occupational health advisor. The employee will be provided with written information about their rights under the Medical Reports Act 1988. 10.3 Dismissal on the grounds of capability 10.3.1 The employee’s past attendance record, mitigating personal or domestic circumstances and the likelihood of the employee’s attendance record improving in the future will all be considered before any further action is taken. 10.3.2 If the employee is disabled reasonable adjustments and alternative employment will have been fully explored before further action is taken. 10.4 Stage one meeting long term absence – capability 10.4.1 If the absence continues and there is no known date of return or the medical advice is that the employee is likely to be absent from work for an extended period the manager will write to the employee to invite them to a stage one capability meeting at which they will have the right to be accompanied by a trade union representative or work colleague. The manager will enclose a copy of the sickness absence policy, medical report (if appropriate) and will set out in the letter the sequence of events to date. 10.4.2 The purpose of the meeting will be to: consider the medical report (if appropriate) consider the likelihood of the employee returning to work in the near future look at the nature of the illness take account of the employee’s personal assessment of their medical condition explain the difficulty of the situation for the organisation and the impact on the service. 10.4.3 Following the meeting the manager will decide on the outcome and write to the employee. If the manager’s decision is to continue with the capability procedure they will: enclose a record of the points discussed at the meeting tell the employee that this review formed stage one of the capability procedure for long term absences, that the procedure has three stages and the outcome of the third stage may be dismissal say when a further review under stage two of the capability policy will take place. 10.4.4The post holder responsible for carrying out the stage one capability meeting will be [enter here details of the level to which responsibility has been delegated] 10.5 Stage two meeting long term absence – capability 10.5.1 If the review date is reached without the employee returning the manager will write to the Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 6 of 8 Crossroads Care Sickness absence policy employee to invite them to a stage two capability meeting at which they will have the right to be accompanied by a trade union representative or work colleague. The manager will enclose a copy of the medical report (if appropriate) and set out in the letter the sequence of events to date. 10.5.2 The purpose of the meeting will be to: consider the medical report (if appropriate) consider the likelihood of the employee returning to work in the near future look at the nature of the illness take account of the employee’s personal assessment of their medical condition explain the difficulty of the situation for the organisation and the impact on the service. 10.5.3 Following the meeting the manager will decide on the outcome and write to the employee. If the manager’s decision is to continue with the capability procedure they will: enclose a record of the points discussed at the meeting tell the employee that this review formed stage two of the capability procedure for long term absences, that the procedure has three stages and the outcome of the third stage may be dismissal say when a further review under stage three of the capability policy will take place. 10.5.4The post holder responsible for carrying out the stage two capability meeting will be [enter here details of the level to which responsibility has been delegated] 10.6 Stage three meeting long term absence - capability 10.6.1 If the review date is reached without the employee returning the manager will write to the employee to invite them to a stage three capability meeting at which they will have the right to be accompanied by a trade union representative or work colleague. The manager will enclose a copy of the medical report (if appropriate), set out in the letter the sequence of events to date and say the meeting may result in dismissal on grounds of capability. 10.6.2 At the meeting the manager will: consider the medical report (if appropriate) consider the likelihood of the employee returning to work in the near future look at the nature of the illness check that all other options have been considered take account of the employee’s personal assessment of their medical condition explain the difficulty of the situation for the organisation and the impact on the service. 10.6.3 Following the meeting if there has been no improvement in the employee’s health and there are no grounds to expect improvement in the foreseeable future, all other options have been considered and they will not bring about the employee’s return in the near future, then the manager may take the decision to dismiss the employee on grounds of capability and write to the employee with their decision. The employee will be informed of their right to appeal against the decision. 10.6.4The post holder responsible for carrying out the third stage capability meeting and if necessary making the decision to dismiss will be [enter here details of the level to which Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 7 of 8 Crossroads Care Sickness absence policy responsibility has been delegated] 10.6 Appeal – capability 10.6.1 Appeals will usually be heard by someone senior in authority to the person who took the original decision. The employee must appeal within seven days of the date of the decision being communicated to them in writing. The person hearing the appeal will arrange a meeting to consider the appeal at which the employee will have the right to be accompanied by a trade union official or work colleague. 11.0 LEARNING AND DEVELOPMENT 11.1 General learning and development requirements relating to the sickness absence policy are contained in the learning and development policy, procedure and guidance (E.13a, E.13b and E.13c). 12.0 REVIEW AND ADOPTION OF THIS POLICY BY BOARD OF TRUSTEES 12.1 The scheme’s board of trustees is required to formally adopt the sickness absence policy and to ensure that a documented record is kept of their decision to do so. 12.2 Full details of the policy (including its title and reference number) and the date it was adopted will be documented in the minutes of the appropriate trustee board meeting as evidence of the decision taken. The minutes will be signed by the chair of the trustees on behalf of the board. Policy/Sicknessabsence/2014/02/APe04a © Carers Trust 2014 Last updated January 2014 Review due January 2015 8 of 8
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