It applies to: / LordswoodAcademies Trust
Person responsible for its revision: / HR Director
Updated: / February 2017
Website: / Website and Staff Launch Page
Approval by: / Staffing Committee
Review frequency: / Model policy
Date of formal approval: / 12th September 2013, noted Oct 15
Date of next approval: / As and when required
- Introduction
1.1The ultimate purpose of Lordswood Academies Trust (‘The Trust’) adopting this procedure is to manage sickness absence. To ensure positive outcomes, it must be recognised that employees are the most important asset. Enabling them to return to work as soon as possible after a period of illness or injury can not only help maintain their health and wellbeing, but also help improve the effectiveness of the School. Whilst regular, punctual attendance is an implied term of every employee’s contract of employment, employers and employees have a shared responsibility for maintaining excellent attendance, health and well-being.
1.2The aims of this procedure are also:
●to manage sickness absence effectively, fairly and consistently; and
●to promote good health and well-being
1.3The Trust has adopted this procedure for the effective management of attendance and ill-health. This includes implementing early intervention strategies, such as an occupational health referral, regular welfare meetings, clear contact arrangements, counselling, physiotherapy and implementing reasonable adjustments where necessary. Early intervention is also at the heart of health and safety.
1.4This procedure recognises the importance of management support, duties under health and safety and equality legislation and an employee’s statutory and contractual entitlements (see further at paragraphs 4, 5, 9 and 10).
1.5Most periods of sickness absence result in the employee being able to return to work. However, there are some occasions when the level and duration of an absence is such that this may ultimately result in the termination of an employee’s contract of employment on the grounds of unsatisfactory attendance (where frequent short term sickness absence is a concern) or ill health capability (where long term sickness absence is a concern).
2.When this procedure will be used
2.1This procedure will be used when dealing with an employee’s sickness absence (including long term sickness absence, frequent short term sickness absence or a combination of both). Long term sickness absence is usually defined as four continuous weeks or more. Frequent short term sickness absence usually takes the form of minor one-off absences or minor absences that occur more regularly.
2.2This procedure may also be used in rare cases when a particular health condition does not lead to an employee’s absence but may mean that the employee is not fit to work with children (see further at paragraph 25).
3.When this procedure will not be used
3.1Alleged unauthorised or fraudulent absence will be treated as a conduct issue and be dealt with under the Disciplinary Procedure adopted by the Trust.
3.2Absence not related to sickness such as special leave of absence or flexible working requests will not be managed under this procedure but will be dealt with using appropriate procedures adopted by the Trust.
4.Health and safety at work
4.1The Health and Safety at Work Act 1974 and associated regulations explain what employers must do to protect the health and safety of all employees. It is the duty of the employer to protect, as far as is reasonably practicable, the health, safety and welfare of employees, and the health and safety of others involved in its activities.
4.2The Trust ensures that an effective health and safety policy is in place which includes specific arrangements for implementing health and safety requirements. The Academy Trust is responsible for ensuring that the HeadTeacher implements the policy fairly and that s/he encourages the involvement of employees to ensure a collaborative approach. Implementing and following an effective health and safety policy should help to minimise levels of sickness absence under this procedure.
4.3A health and safety policy is not simply a statement, it includes arrangements to implement the policy. It sets out the various responsibilities of employers in respect of health and safety in the workplace.
5.Sickness absence and the Equality Act 2010 (“Equality Act”)
5.1The Equality Act protects employees from unfavourable treatment relating to a number of protected characteristics including age, disability, race, sex, sexual orientation, pregnancy and maternity, gender reassignment, marriage and civil partnership status. The Trust ensures that the provisions of the Equality Act are taken into account when managing sickness absence.
Disability-related absence
5.2An employee who is absent for a lengthy period of time may be considered disabled for the purposes of the Equality Act. If this is the case they will be entitled to protection against discriminatory treatment and the Trust is obliged to make reasonable adjustments. If the recommended or requested adjustments are not considered reasonable, this should be discussed with the employee and an explanation provided. Alternatives for the employee if adjustments cannot be accommodated may include alternative employment, and/or an agreed temporary or permanent reduction in hours. The dismissal of a disabled employee due to ill-health capability/unsatisfactory attendance may be lawful if the Headteacher or committee of governors can demonstrate that it was necessary to meet the needs of the School and that reasonable adjustments were considered and, where possible, implemented.
5.3The Trust is not automatically obliged to disregard all disability-related sickness absences when monitoring and managing employee attendance provided this can be objectively justified. However, depending on the individual circumstances, it may be a reasonable adjustment to disregard some disability-related absence. For example, in the case of an employee who has recently developed a disability and who is having a number of short periods of sickness absence as s/he learns to manage the condition, it may be reasonable to disregard these periods of absence in the short term. A process for carefully monitoring and recording the duration and reasons for the absence on each occasion is required.
Pregnancy and maternity related absence
5.4All pregnancy and maternity-related absence will be disregarded when monitoring and managing attendance under this procedure, namely all management action up to and including dismissal. Pregnancy and/or maternity-related illness will be considered separately from other types of illness and it will not count towards an employee’s overall attendance record. Sickness absence associated with a miscarriage will also be treated as pregnancy-related and be disregarded for the purposes of this procedure. However, a meeting will be convened with the individual employee to discuss the reasons for their absence and their wellbeing as part of a return to work meeting, to carry out any appropriate risk assessment and to enquire about whether reasonable adjustments are necessary. Further useful guidance on avoiding discrimination and reasonable adjustments can be found in the Equality and Human Rights Commission’s Code of Practice (“EHRC”).
6.Who should manage sickness absence?
6.1The Headteacher has delegated the day-to-day management responsibility for employee sickness absence to the HR Director.
6.2The absence of the Headteacher will be managed by the Chair of the Trust with advice and support from nominated HR Consultants.
6.3The Headteacher may hear the case for possible dismissal provided that she has not been directly involved in the management of the employee’s sickness absence and that she has been given delegated authority to dismiss prior to the hearing. Delegated authority should be properly recorded in the relevant committee’s minutes in case this is challenged (see further at paragraph 27 below).
7.Reporting and monitoring sickness absence
7.1There are clear and reasonable arrangements for employees to notify the School about sickness absence. These arrangements appear in the staff handbook and are included as part of the employee induction process, with regular updates at staff meetings and/or reminders available in the staff room and by email.
7.2The arrangements for reporting employee absence include certain basic principles as follows:
a)If the employee is unable to attend work due to sickness, they must report this to the person designated in the School’s sickness reporting arrangements as soon as possible on the first working day of the absence.
b)They should state the reasons for their absence, the likely duration and confirm the actual date they became unwell. In exceptional circumstances, if the employee is not well enough to make contact personally, it may be appropriate for a close relative or friend to facilitate contact, but they must have the appropriate information available to provide an informed update. They need to specify exactly when the illness started as this relates to their sick pay entitlement and to statutory sick pay.
c)Employees are asked to provide a self-certificate for all sickness absence lasting between one and seven calendar days; self-certificate forms are normally available from the HR Director.
7.3There is a suitable system in place for recording employee absence and inputting the information on SIMS. All sickness information will be kept confidential and managed in accordance with data protection legislation. The Headteacher's absence will be recorded in the same way as for all other employees. It may be appropriate for the acting Headteacher, deputy or Assistant Headteacher to be given responsibility for ensuring that the absent Headteacher’s absence is recorded.
7.4The requirement for the employee to report sickness absence and to provide appropriate medical certification is a requirement of the respective national and/or local sick pay schemes. Consideration may need to be given to unforeseen personal circumstances which are preventing an employee from complying with this requirement. The Trust will take a reasonable and considerate approach in these circumstances.
7.5Self-certificates and fit notes are considered to be personal records and as such the academy is responsible for such information. The Headteacher is the ‘data controller’ for retaining such records securely in accordance with data protection legislation. Absence and other personal records relating to sickness should be kept in a secure lockable cabinet to ensure confidentiality. The Headteacher is also responsible for ensuring that the necessary information about an employee’s sickness absence is kept up to date on SIMS to ensure that the employee receives any sick pay entitlement in accordance with the relevant sick pay schemes.
7.6Informal discussions with absent employees may be appropriate before consideration is given to formal stages below. Early support may take the form of preventative action, including referrals to occupational health, physiotherapy counselling, mediation, or risk and/or stress risk assessments as appropriate.
8.Fit notes
8.1If a Statement of Fitness for Work (“fit note”) has been issued by a General Practitioner (“GP”), there is an expectation that the illness and recovery will last more than seven calendar days.
8.2A copy of a fit note must be submitted by the employee if the illness lasts more than seven calendar days and must cover sickness during School holiday periods as well as during term time. The employee should retain the original for the purpose of claiming benefits or for other purposes. The GP has two options on the fit note. S/he can recommend that an employee is “not fit for work” or that an employee “may be fit for work subject to certain adjustments” such as a phased return to work, altered hours, amended duties or workplace adaptations. Employees do not need to be signed back to work and there is no option on the fit note to do so. If the GP believes that an employee is fit for work, they will not be issued with a fit note. In addition, an employee can come back to work before their fit note expires without returning to his or her GP beforehand.
8.3If the fit note recommends that an employee is “not fit for work”, the Trust will treat this as evidence for contractual sick pay. A record will be kept which records the date that the fit note expires and the HR Director will keep in touch with the employee during their absence so that the Headteacher is aware of a likely return date.
8.4If the fit note includes a recommendation that an employee “may be fit to return to work, subject to certain adjustments”, the employee should contact the HR Director to discuss the GP’s recommendations before returning to work. Although there is no statutory requirement to allow such representation, it may be helpful in certain circumstances for a trade union representative or work place colleague to be present at these discussions. After careful consideration and discussion with the employee, the Headteacheror nominated manager needs to decide whether the GP’s recommendations are feasible and reasonable for the academy to implement having regard to the requirements of the Equality Act. If the academy is unable to agree to the recommendations, it should treat the fit note as if it says that the employee is “not fit for work” and s/he will remain on sick leave.
9.Accidents, injuries and assaults
9.1If an employee considers their illness and/or sickness absence to have been caused by an accident, injury or assault at School, he or she must explain that when notifying the Headteacher of their absence. The usual arrangements for reporting and recording employee sickness absence will be adhered to. In addition, the Headteacher will take immediate action to meet health and safety requirements including recording and reporting the accident by completing an accident form, and consulting occupational health. Necessary and proportionate actions will be undertaken to prevent similar accidents in the future. There are special provisions in the national and/or local sick pay schemes in relation to accident and injury allowances which include special arrangements for medical advice (Teachers) and (Support Staff).
10.Contact with absent employees
10.1There is a shared responsibility between Managers and employees to maintain reasonable contact during periods of sickness absence. If a sick employee fails to contact the School, it is reasonable for the Headteacher or nominated Manager/
HR Director to initiate communication as part of their duty of care. This may prevent the employee from feeling isolated and may provide the opportunity to:
a)discuss his or her welfare and offer support as appropriate (e.g. referral to occupational health, risk assessments); and/or
b)find out about a likely return date (if known) so cover can be arranged; and/or
c)agree the method and frequency of on-going contact whilst the employee remains sick; and/or
d)provide key work updates as necessary.
10.2Any contact arrangements will be sensitive to the employee’s needs and circumstances. In some cases, for example serious and/or terminal illnesses, it may be appropriate for contact to be made via a trade union, work place colleague, close relative or family friend rather than direct contact by the Headteacher or HR Director.
10.3It will not be assumed that an employee who is suffering from a terminal illness or one whose sickness is described by the GP as stress or depression is incapable of discussing his or her condition with a manager or occupational health. A referral to occupational health may be necessary if the employee and their GP are stating that they are unfit to attend a meeting. The Trustwill contact their nominated HR Consultants for advice.
10.4The Chair of the Trust will also ensure that the school has appropriate arrangements for reporting and managing the Headteacher's sickness absence (including maintaining reasonable contact) to ensure consistency with other employees.
11.Absence related to stress or mental health
11.1As part of the duty of care, the Headteacher or nominated manager/HR Director will still endeavour to maintain reasonable contact with employees who are absent with stress or mental health issues, ensuring that the principles in paragraph 10 above are taken into account. If the school is aware that an employee who is suffering from work related stress perceives a particular manager to be the cause of that stress, an alternative suitable manager will be allocated to maintain contact during the period of sickness absence. This may reduce the risk of further stress to the employee at that time. Depending on the circumstances of the case, it may be appropriate for contact to be made via a trade union representative.
11.2It will be established whether an employee’s stress is work-related, and/or personal. The Headteacher, nominated manager and HR Director are aware of their duty under this procedure and under health and safety law to assess the risk of stress-related ill-health arising from work activities and to take measures to control that risk using appropriate risk assessments. Other early intervention strategies may be advisable through dialogue with the employee such as referral to occupational health or counselling providers, agreed temporary or permanent reduction in working hours, additional support and/or training or temporary or permanent re-allocation of duties.
11.3Further guidance on the stress risk assessment process and supporting employees with mental health issues is available.
12.Occupational Health referrals
12.1Referrals to occupational health may be appropriate for a variety of reasons but are primarily obtained to:
a)provide the school with their own expert medical advice about how an employee’s health is impacting on their ability to perform their responsibilities; and/or
b)support relevant pension schemes with requests for ill-health retirement; and/or
c)comply with requirements of the relevant sick pay scheme in cases of absence due to accidents at work (there are specific statutory arrangements in cases of injury allowances for support staff as well as relevant conditions of service for teachers in the Burgundy Book).
12.2An occupational health referral can be made at any stage of the absence. However, an early referral is often beneficial for musculoskeletal disorders and also for some mental health and stress issues (see section 11). This is because prolonged absence in these circumstances has been shown to reduce the potential of the employee successfully returning to the workplace.
12.3Employee's consent will be made prior to a referral being made. It can be useful to stress to the employee the reasons for obtaining impartial medical advice from occupational health. An employee consents to the referral by signing the occupational health referral form(s). If an employee refuses to attend, they should be advised that any subsequent management action may be less beneficial to them as any decisions taken will be limited to other available medical advice/sources, which may not relate directly to the employee’s job, and their potential fitness to return to work.