SICKNESS ABSENCE

PROCEDURE & MANAGEMENT GUIDELINES

Ratified By:HR Committee, JNCC, JLNC

Review Date: March 2015

Accountable Directorate: HR Consultancy

Corresponding Author: HR Business Consultant

META Data

Document Title

/

Sickness Absence Procedural and Management Guidelines

Status:

/ Active
Document Author /

HR Business Consultant

Source Directorate: /

HR Consultancy

Date of Release: / March 2013
Ratification Date: / March 2015
Ratified by: / HR Committee, JNCC and JLNC
Related Documents: / HIV/Aids and Employment Policy
Drugs and Alcohol Policy
Health and Safety at Work Policy
First Aid Policy
Maternity Leave Policy
Management of Occupational Stress Policy
Manual Handling Policy
Hepatitis B and Employment Policy
Carers Leave Policy
Time off Work Policy
Annual Leave Policy
NHS Injury Benefits Scheme
Capability Policy
Bullying & Harassment Policy
Stress Management Policy
Sickness Absence Policy
Superseded Documents / Sickness Absence Policy and Procedural Management
Guidelines 2012
SCT Sickness Absence Policy
HOB Sickness Absence Policy
Relevant /external Standards/Legislation / Disability Discrimination Act
NHSLA 3.2
Key Words / Sickness Absence
Work and Wellbeing

Revision History

Version / Status / Date / Consultee / Comments / Action from Comment
3 / HR Commitee

Table of Contents

Page

  1. Overview5
  1. Sickness Absence Notification & Certification5
  1. Accidents at Work & Injury Benefits8
  1. Return to Work Discussions8
  1. Medical Assessment/Referrals to Work & Wellbeing9
  1. Medical Suspension10
  1. Redeployment & Alternative Employment10
  1. Graduated Return to Work & Rehabilitation Programmes11
  2. Ill-Health Retirement12
  1. Right of Appeal Against Dismissal13
  1. Guidelines for Managing Short Term Sickness Absence13
  1. Guidelines for Managing Long Term Sickness Absence17
  1. The Forms21
  1. Model Letters 27

1

1. Overview

These procedural guidelines are designed to provide a framework for managers and employees to utilise in regards to sickness absence management. As all cases of sickness absence need to be treated on an individual basis this procedure is not designed to be prescriptive, but have been developed to ensure the Heart of England NHS Foundation Trust Sickness Absence Policy is applied by managers in a fair, supportive and efficient manner.

2. Sickness Absence Notification and Certification

Notification

When

  • When unable to attend work due to illness, an employee is responsible for contacting their line manager, or in their absence a nominated individual, by telephone verbally of their sickness absence and reasons for it, as soon as practicable and in all instances before their shift is due to start or line with local reporting procedures.
  • Only in exceptional circumstances (i.e. when hospitalised) can an employee nominate someone else to make contact with their line manager.

What to Record

  • When notifying the line manager of their sickness absence employees must provide as much information as possible, including the reason for the absence and/or symptoms at the time of reporting in; the estimated length of absence; any work that needs to be covered during the absence and a contact telephone and address details for the absence period.
  • This information should be recorded by the appropriate line manager utilising the Standard Form (Appendix 1)andstored confidentially in the employee’s personal file.

Keeping in Touch

  • Employees are contractually obliged to maintain contact with their line manager during any period of absence. Furthermore in order to ensure the appropriate support is provided to employees during periods of absence managers are responsible for maintaining regular contact with employees.
  • As each sickness absence cases differs it is not appropriate to be perspective on how often contact should be made however, as a guide, it is anticipated in cases of exceeding 3 days that employees will contact their manager on a weekly basis. Discussions about keeping in touch should be held upon the first day of absence when an employee reports in.
  • If the employee knowstheir date of return to work they must inform their line manager and confirm the date of return prior to returning to work. If the employee is able to return to work sooner than previously indicated, then they should obtain a ‘fit note’ from their Doctor and inform their department or ward as soon as possible so that any cover that has been arranged can be cancelled.
  • Conversely, if an employee is unable to return to work as expected, they should inform their manager as above.
  • Where staff are able to return to work after sick leave but are roistered for off dutydays, it is important that they telephone their manager to confirm that they are fitto return to work, otherwise, the off-duty day may be counted as part of the sickleave period.

Certification

  • Appropriate certification should be provided to cover the entire sickness absence period, as follows:

Length of Absence / Type of Certification / When to submit / Who to submit to / Location
7 Calendar Days or less / Self- Certificate / As soon as is reasonably practicable or immediately on return to duty / Immediate Line Manager / Appendix 1
More than 7 Calendar Days / Medical or GP Certificate / As soon as reasonably practicable and within 7 days of expiry date of last certificate / Immediate Line Manager / n/a
  • In exceptional circumstances, employees maybe required to produce a medical certificate before the eighth day of sickness absence. If this is the case, any charge for obtaining a certificate will be reimbursed by the Trust
  • Back dated medical certificates will not be accepted as valid, except where there are extreme mitigating circumstances which meant that the employee was unable to obtain a certificate.
  • All certificates will be treated as confidential and stored accordingly in a secure location.

Sickness whilst on duty

  • If an employee falls ill whilst on duty the line manager should make the decision to send the employee home or liaise with Work and Wellbeing department for advice as appropriate.

Sickness Occurring During Annual Leave

  • If illness occurs during a period of annual leave, the employee must inform their manager and follow the normal reporting arrangements.
  • The employee will be regarded as being on sick leave provided a medical certificate is produced to that effect and annual leave will be suspended from the date of the certificate.
  • If an employee returns from annual leave and states they were sick whilst on annual leave but had no notification was given at the time then this will not be regarded as sick leave.

Medical Appointments

  • Wherever possible hospital, doctors or dentist appointments should be booked outside of normal working hours. Where this is not possible appointments should be made as close to the beginning or end of working hours to minimise disruption to the working day; consideration given to working extra time on another day and/or reasonable time off being given to attend such appointments. This applies to all staff irrespective of whether they work full or part time hours. Arrangements should be made in agreement with the appropriate line manager, providing as much notification as possible.
  • Time off for appointments will not be recorded or classified as sickness absence, however should treatment provided during such appointments prevent an employee from returning to duty such time should be classified as sickness absence.

Unauthorised Absence

  • Failure to follow the reporting procedure and/or failure to provide appropriate certification to cover the entire period of absence may lead to the absence being classed as unauthorised, pay being suspended and disciplinary action being taken.
  • For further information on unauthorised absence from work please refer to the Trust Disciplinary Procedure.

Fit Notes

From 6th April 2010 the standard medical certificate issued by a GP to sign someone absent from work will change. The new Fit Note will enable a GP to identify if an individual is either unable to attend work or able to attend work subject to certain restrictions being put in place. The restrictions may include a reduction in hours, removal of manual handling duties etc. The aim of the fit note is to keep individuals at work rather than sign them off. If a member of staff provides a Fit note which contains restrictions the manager must take every reasonable step to make the temporary adjustment. It is not anticipated that the adjustment will take place more than 4 week.

If due to operational needs a manager believes the recommended adjustments can not be made they should contact their HR representative to discuss this further and if required seek support from Work and Wellbeing.

The Manager must advise the individual of the agreement to restrict the duties or notify them that the restrictions can not be accommodate, identify the business rationale and advise them that they must remain off work until they are fit to return.

3. Accidents at Work & Injury Benefits (work related illnesses/ disease)

When do injury benefits apply

  • When an accident or incident, such as a trip/fall has occurred at work or where a member of staff has a work related illness which subsequently leads to an employee being on sick leave with reduced or no pay, temporary injury allowance may be applicable.
  • When an employee is obliged to give up work or obliged to take up a lower paid post due to an injury or disease sustained as a direct result of an accident or injury at work or contracted during the course of employment permanent injury allowance and/or a lump sum payment maybe applicable.

Recording an accident or incident

  • Where an accident or incident, such has a trip/fall at work occurs the employee must report this immediately to their line manager or nominated individual. In line with the Trust’s Incident Policy, the incident form (IR1) should include all details relating to the accident and incident and should be submitted to the appropriate line manager immediately. Please note incident forms should be completed for cases of work related stress. The form should be sent to the Work and Wellbeing Department only for cases of work related stress.
  • Failure to accurately record and report an accident or incident at work may result in injury benefits not being paid.

What to Do

  • Where the above circumstances exist, and it is agreed that the provision of the NHS Injury Benefit Regulations apply, the line manager should send a memo requesting the payment of temporary or permanent injury allowance.
  • The allowance received by the employee is a sum lump which brings income up to 85% of the level it was before reduction due to the injury.
  • Temporary Injury Allowance will cease to be paid when an employee returns to work or in circumstances where the sustained absence is no longer directly related to injury or disease sustained as a result of the accident or incident at work.

4. Return to Work Discussions

When to complete

  • Following each episode of sickness absence, the manager should meet with the individual for a return work discussion upon their first shift/day back. Due to service reasons (i.e. shift patterns) it may not always be possible to complete the return to work discussion face-to-face. Where this is the case, it is anticipated that the return to work discussion will be completed by telephone with a follow up face to face meeting arranged at the earliest opportunity

How to complete

  • The return to work discussion is an informal meeting designed to:

-Confirm with the employee the reason for absence

-Confirm the employees fitness to resume duty.

-Explore any other factors affecting an employee’s attendance at work (i.e. personal or domestics circumstances, relationships with colleagues)

-Discuss whether or not it is appropriate to complete a referral to Work and Wellbeing (if this has not already been completed during the absence

-Highlight and explore, where appropriate, concerns relating to the attendance record of an employee.

  • The return to work discussion should be completed in a sensitive and constructive manner and be recorded using the Return to Work Discussion Form in Appendix 1. A copy of the return to work discussion form should be stored in the employees file for future reference.

5. Medical Assessment/Referrals to the Work and Wellbeing Department

Reasons for referral

  • Ill Health, of whatever nature, may effect the work performance of an individual and may also have an impact upon colleagues or service provision. If a manager has any concerns about whether an individual has an underlying health condition which may affect their ability to continue in their present job; the effects of work on an employees health or requires advice on whether an employee is fit to return to work a management referral to the Work and Wellbeing Department should be completed.

When & How to Refer

  • In order to ensure the appropriate support is available to employees during a period of sickness absence a management referral should be completed at the earliest opportunity depending upon the nature of the case.
  • In cases of pre-planned absence (i.e. planned surgery for medical reasons) it may be appropriate to complete the management referral in advance, in order that the employee can be supported at the earliest opportunity.
  • In cases of sickness absence due to stress, whether work or personally related, a management referral should be completed following the first day of absence.
  • All initial management referrals should be completed using the Management Referral Form in Appendix X, and should be copied to the employee and, where applicable, to the relevant HR Advisor.
  • Should the Work and Wellbeing Department need further additional information on an employees state of health, they may need to approach an employees GP or health professional for clarification and advice in order to ascertain whether an employee is able to carry out a job safely and effectively. Where such as medical report is required the employee will be required to authorise this in accordance with the Access to Medical Reports Act.

6. Medical Suspension

  • Medical suspension is rare and would only normally be considered in the following circumstances:

-To prevent the spread of infection.

-In line with Suspension from Work (on Maternity Grounds) Order 1994

-Where there is genuine concern as to an employee’s fitness to work and the employee is not covered by a sickness certificate

  • All reasonable adjustments, including temporary redeployment and adjustment to hours and tasks, should be exhausted and advice sought from the appropriate HR representative, Work and Wellbeing and/or Infection Control team before taking a decision to medically suspend.

7. Redeployment & Alternative Employment

When

  • In circumstances where is has been determined that an employee is not able to return to their substantive role due to health reasons and/or reasonable adjustments to the employee’s substantive role have been explored, redeployment to an suitable alternative role will be actively considered and supported.
  • Redeployment will be considered following advice from Work and Wellbeing and may be on a permanent or temporary basis, with the latter being considered as a supportive measure to ensure an employee can return to work at the earliest opportunity.

How

  • Redeployment options, whether on a permanent or temporary basis, should be discussed with the employee following receipt of appropriate Work and Wellbeing Advice. The employee will be asked to completed an application form, outlining their experience, skills and knowledge.
  • The completed application form will be utilised by the appropriate HR representative to match suitable vacancies (i.e. roles of similar status or band) during an 8 week redeployment period.
  • Where suitable alternative employment is located within the 8 week redeployment period, employees will be given a 4 week trial within the new role. A formal review will be held after 3 weeks in the new role to assess whether the post is suitable; assess an employees progress and identify any further training or support that may be required. Please refer to guidelines for managing short term absence (section 9) or guidelines for managing long term absence (section 10) for further information.
  • If suitable alternative employment is not located after the 8 week redeployment period, a decision will be taken to terminate the employee’s contract of employment on the grounds of incapability due to ill health. Please refer to guidelines for managing short term absence (section 9) or guidelines for managing long term absence (section 10) for further information.

8. Graduated Return to Work & Rehabilitation Programmes

When

  • Graduated return to work is likely to be considered when an employee has been absent from work for more than 4 weeks. In such instances, a graduated return to work is designed to allow the individual to build up to working at normal capacity and for their normal contracted hours.
  • Graduated return to work programmes would normally only apply for a period of up to one month, although this time period may be varied in the light of advice from the Trust’s Work and Wellbeing Department as appropriate.

How

  • To ease the process and facilitate interim temporary working arrangements, the individual should continue to receive payment for their normal contracted hours for the duration of the graduated return, on the proviso that they are in receipt of paid sick leave up to the day when they return to work.
  • This arrangement is irrespective and independent of any annual leave entitlement accrued by the individual, who is not required to use this leave to “make up” their contracted hours. This is to avoid individuals suffering a detriment on their return, which might otherwise prolong their absence from work.
  • Normal annual leave rules regarding “carry over” of leave continue to apply at the end of a leave year.

9. Ill- Health Retirement

When

  • Where a decision is taken to terminate an employee’s contract of employment on the grounds of incapability due to ill health and the employee has been a paid member of the NHS Pension Scheme for 2 or more full years, the employee may qualify for early payment of lump sum and annual pension payments.
  • As Pension scheme rules confirm that an employee you must be in employment to apply for ill health retirement, the employee will need to decide whether they wish to pursue ill health retirement and complete the appropriate paperwork prior to any decision being made in regards to possible termination of contract of employment.
  • In circumstances, where an employee is diagnosed with a terminal illness, terminal illness commutation, where the lump sum and annual pension payments are paid together, may be applicable.
  • Employee’s who are not members of the NHS Pension Scheme, or have not been a member for 2 or more full years, will only be entitled to payment in lieu of notice when their contract of employment is terminated.

How