SICKNESS ABSENCE MANAGEMENT PROCEDURE
CONTENTS
1 / INTRODUCTION / 51.1 / Policy / 5
1.2 / Aim / 5
1.3 / Prevention / 5
1.4 / Application and scope / 6
1.5 / Statutory Regulations / 6
1.6 / Confidentiality / 6
1.7 / Disabled Employees / 7
1.8 / Role of Council’s Medical Adviser / 7
1.9 / Misconduct / 7
1.10 / Trade Union Officials / 8
2 / STANDARDS EXPECTED / 9
2.1 / Responsibilities of Employees / 9
2.2 / Rights of Employees / 9
2.3 / Responsibilities of the Council / 10
2.4 / Rights of the Council / 10
2.5 / Responsibilities of Headteachers/Managers/Governors / 10
2.6 / Rights of Headteachers/Managers/Governors / 11
2.7 / Responsibilities of the Governing Body / 12
122.8 / Rights of the Governing Body / 12
3 / REPORTING AND MONITORING OF SICKNESS ABSENCE / 14
3.1 / Reporting Sickness Absence / 14
4 / SICKNESS ABSENCE / 15
5 / INFORMAL SICKNESS ABSENCE / 16
5.1 / Return-to-Work Contact / 16
5.2 / Informal Review / 16
5.3 / Informal to Formal Procedure / 18
6 / FORMAL SICKNESS ABSENCE / 19
6.1 / Introduction / 19
6.1.2 / Part-time Employees / 19
6.2 / Stage 1: Intermittent Absence caused by unconnected illnesses / 19
6.3 / Stage 2: Intermittent Absences caused by unconnected illnesses / 21
6.4 / Stage 3: Intermittent Absences caused by unconnected illnesses / 22
6.5 / Chronic/Long-Term Sickness or Intermittent Absences caused by an underlying medical condition / 22
7 / OTHER RELATED ISSUES / 25
7.1 / Sick Pay / 25
7.2 / Ill Health Retirement/ Redeployment/ Pension / 25
7.3 / Absence Due to Pregnancy / 25
7.4 / Industrial Injury / 25
7.5 / Probationers/ Other Employees with less than 26 Weeks Service / 25
7.6 / Employees who in the School’s opinion are unfit to work due to sickness / 26
7.7 / Absence for Medical/Dental and Cancer Screening Appointments / 26
7.8 / Dealing with Specific Situations / 27
7.8.1 / Low volume Sickness in Association with Domestic or Behavioural Problems / 27
7.8.2 / Absence due to Alcohol or Drug Misuse / 27
7.8.3 / Absence as a Consequence of the Working Environment / 27
APPENDICES
1 / Delegation to Headteacher to staff appointments and dismissals / A1
2 / Informal Sickness Absence Monitoring Form / A2
3 / Dealing with Absence Due to an Employee’s Disability / A3
4 / Referrals to the Council’s Medical Adviser/ Conflict of Opinion / A4
5 / Setting Targets / A5
6 / Appeal Against Decision to Set Targets / A6
7 / Appeal Against Decision to Advise Employee that Employment is At Risk on Absence Grounds / A7
8 / Formal Meeting to Consider Dismissal on Sickness Absence Grounds / A8
9 / Appeal Against Decision to Dismiss Employee on Sickness Absence Grounds / A9
10 / Phased Return Following Extended Sickness Absence / A10
11 / Terminal Illnesses / A11
12 / Ill Health Retirement / A12
13 / Flow chart for Formal Absence Procedure / A13
SICKNESS ABSENCE PROCEDURE
1.0 INTRODUCTION
1.1Policy
Schools have a responsibility to manage sickness absence in a way which safeguards the interests of the pupils and other staff whilst at the same time showing understanding to the individual. The School aims to achieve this by providing a healthy and safe working environment and by keeping avoidable absence to an absolute minimum.
The Council, as a good employer, does not wish its employees to attend for work when they are too sick, but does expect its employees to take personal responsibility for their attendance and to meet their contractual obligations to work. Frequent or extended absence, even though genuine, can significantly impair the quality of the service that the school provides and affects the continuity of pupil’s education.
The procedure sets out guidance to Headteachers, Managers and Governors in the understanding, monitoring and reducing of sickness absence and the investigations and actions that should be taken.
1.2Aim
The aim of this procedure is to provide a framework to effectively and consistently manage sickness absence, while ensuring that all staff are treated with respect, understanding, compassion, fairly, according to their particular circumstances, and with full regard to all the School’s policies and the Council’s duty of care and welfare to its employees.
1.3 Prevention
The primary objective of effective sickness absence management is to prevent sickness absence. Headteachers and governing bodies share a responsibility for the welfare of the individual and it should be borne in mind that sickness absence may be an indicator of organisational factors, e.g. low morale, low motivation, as much as reflecting the predisposition to sickness amongst staff.
Unnecessary absences occur less frequently when staff have the benefit of:
• Effective recruitment and selection procedures
• Good induction and training
• Training for those with supervisory responsibility
• Job satisfaction (morale and motivation)
• Clear allocation of responsibility
• Positive management attitudes
• Opportunities to discuss problems, issues and concerns with managers
• Good physical working conditions
Proper attention to managing sickness absence can help reduce absence rates; lessen the impact on the other staff; maintain continuity of teaching; and assist those who are off sick make a successful return to work.
1.4 Application and Scope
This procedure applies to all staff but does not apply:
• During a probationary period (in these circumstances managers should refer to the probation procedure)
• During or at the end of a fixed term contract of less than 26 weeks’ duration
• To temporary employees with less than 26 weeks’ service
• To absences due to pregnancy up to the end of the approved maternity leave period
• To absences caused by an exclusion from work due to contact with an infectious disease
• To agency staff
1.5 Statutory Regulations
This procedure takes account of all the relevant statutory requirements in the following ways:
•Under the Dispute Resolution Regulations introduced in 2004 dismissals must be actioned using the minimum 3-step procedure as set out below.
- Write to the employee informing that their level of absence has triggered formal action and invite them to a meeting to discuss the matter.
- Hold a meeting to discuss the level of absence – at which the employee has the right to be accompanied – and notify the employee of the decision.
- If the employee wishes to appeal, hold an appeal meeting at which the employee has the right to be accompanied – and inform the employee of the final decision.
•Dismissal and notice periods are effective from the date of the IDD with reinstatement should the appeal be successful
•There will be a right of appeal against any formal action taken.
•The Director of Children’s Services (in practice, The Schools’ HR Team) must be informed of any proceedings that may lead to an employee's dismissal. The Director is entitled, and will in most cases wish, to be represented at such a hearing. The Director must also be informed immediately of the suspension of any member of staff.
•Following a decision to dismiss an employee the school should formally notify the Director of Children’s Services in writing, outlining the reasons, who will issue the formal notice to dismiss.
1.6 Confidentiality
Throughout the application of this procedure Headteachers/Managers/Governors may become aware of medical or other personal information concerning individual employees. Headteachers/Managers/Governors must take care to ensure that confidentiality is maintained throughout and that information is only disclosed to those persons who are authorised to receive it. It is essential that confidential documentary information is kept in a secure place. All employees should be aware that any breach of confidentially will render them liable to disciplinary action.
1.7 Disabled Employees
The Council is committed to the employment of people with disabilities. It is essential that Headteachers/Managers/Governors ensure staff with disabilities are not unlawfully discriminated against for a reason which relates to their disability. Headteachers/Managers/Governors must take account of this when dealing with any absence due to an employee’s disability (see Appendix 3).
1.8 Role of the Council’s Medical Adviser
Control of sickness absence is a management issue and referral to the Medical Adviser should not be used as a substitute for such action.
The Medical Adviser should be consulted in all sickness-related cases, which could lead to dismissal (see Appendix 4).
Referral should not be automatic, but should happen where there appears to be an underlying medical reason for the absence or where there is some other good reason for seeking medical advice.
Where there are undue delays in obtaining information from the Medical Adviser or where the Medical Adviser wishes to review the case at some future date and such a delay is considered unacceptable by management,advice will be provided by Human Resources.
If at any time the Council’s Medical Adviser recommends redeployment, then this will be handled in accordance with the Council’s Redeployment Procedure. If at any time the advice of the Council’s Medical Adviser conflicts significantly with the opinion of the employee’s own medical adviser then the employee should be interviewed or where appropriate examined by an independent medical referee (see Appendix 4).
1.9 Misconduct
Disciplinary action will be taken where:
• The employee’s reported absence is proven to be not genuine.
• The employee engages in conduct that the School considers prejudicial to their recovery unless the employee’s medical advice states otherwise.
• An employee unreasonably refuses to attend a meeting with the Council’s Medical Adviser or be examined by that Adviser. Employees must realise that any such refusal may result in decisions being made on the facts available at the time.
1.10 Trade Union Officials
In the case of Trade Union Officials who are absent due to sickness, no action should be taken beyond Stage 1 until the circumstances of the case have been fully discussed with a full-time official of the Union concerned and the Human Resources representative.
2.0 STANDARDS EXPECTED
Headteachers, governing bodies, the Council and the individual employees all have a part to play in the management of sickness absence.
2.1 Responsibilities of Employees
Employees have the following responsibilities:
• To maintain a high level of attendance at work and meet their contractual obligations to work.
• To only report sick when genuinely unfit to attend, or remain at work.
• To notify the school, maintain contact and comply with the School’s Sickness Reporting Procedure.
• To be responsible for supplying valid medical certificates and ensuring that there are no gaps in any absence requiring certification.
• To attend any medical interview or examination with the Council's Medical Adviser if required in accordance with this procedure.
• To attend Return-to-Work (RTW) contacts with their Manager/Headteacher/Governors, and any other meetings required in accordance with this procedure.
• To discuss any disability they may have with their Manager/Headteacher/Governors if they wish to have that disability taken into account in relation to their job.
• To refrain from engaging in any conduct that will be prejudicial to their recovery during any period of sickness absence.
• To seek appropriate medical advice about the effect of any conduct on their future recovery.
2.2 Rights of Employees
Employees have the following rights:
• To be treated with respect, understanding and compassion.
• To have their case dealt with fairly and to be made aware of their rights under this procedure.
• To be given an opportunity to discuss the matter with the appropriate Manager, Headteacher or Governors before any decision is made and to be given an opportunity to respond.
• To have access to their medical information and to receive copies of their medical reports when requested, subject to the provisions of the Access to Medical Records Act 1988.
• To have access to trade union representation, or any other representation, at all formal stages of this procedure, if requested.
• To be advised of the implications of unsatisfactory attendance and to be given an opportunity to improve (through the setting of clearly established targets).
• To be advised where they can obtain/access a copy of this procedure.
• To have their case treated in a confidential manner.
• To be given reasonable advance warning of when their sick pay is about to be stopped or reduced.
• To be treated in accordance with the Council's/School’s Equal Opportunities Policy.
• To appeal against any decision to dismiss on the grounds of sickness absence.
2.3 Responsibilities of the Council
The Council will assist schools in managing levels of absence by:
• Ensuring that appropriate procedures on the management of sickness absence are recommended for adoption by schools.
• To ensure Managers/Headteachers/Governors are aware of the Council’s approach in dealing withsickness absence and the procedures to be applied when action becomes necessary
• To terminate an employee’s service where the level of absence is no longer acceptable.
2.4 Rights of the Council
The Council has the following rights:
• To be present at hearings which could result in dismissal.
2.5Responsibilities of Headteachers/Managers/Governors (where appropriate)
Headteachers/Managers/Governors have the following responsibilities:
• To maintain an awareness of sickness levels, thoroughly review the circumstances relevant to each individual case, apply formal procedures only where necessary and apply the appropriate procedures.
• To communicate with employees and maintain an awareness of their general welfare.
• To regularly monitor and review levels of sickness absence of any employee they manage and provide sickness absence details to the Council.
• To keep avoidable absence to an absolute minimum.
• To carry out Return-to-Work contacts or interviews as necessary.
• To make sure employees are aware of the School’s reporting procedures for sickness absence.
• To attempt to maintain contact with those on long-term sick leave, for example by regular telephone contact, by writing to the employee, or with the employee’s prior agreement by visiting the employee at home.
• To give written notice of all formal review meetings and to confirm any decisions in writing setting out the reasons for the decision (and any targets which have been set and the likely consequences of failing to meet the targets, for example moving to the next stage of the sickness absence procedure, if relevant).
• To determine that the level of sickness absence is unsatisfactory (and set targets for improvement).
• To deal fairly but firmly with an employee whose level of sickness absence is unsatisfactory.
• To treat any information obtained as a consequence of applying this procedure confidentially.
• To consider terminating an employee’s service prior to an employee exhausting their
entitlements under the sickness scheme.
• To work in accordance with the Council’s/School’s Equal Opportunities Policy at all times.
• To ensure that the Council/Schoolcarries out its obligations in relation to the Disability Discrimination Act 1995 (see Appendix 2).
• To apply this procedure fairly.
• To consider the advice of the Council.
• To lead in determining initial dismissal decisions (IDD) as appropriate.
• To hear appeals against dismissals as appropriate.
2.6 Rights of Headteachers/Managers/Governors
Headteachers/Managers/Governors have the following rights:
• To refer an employee to the Council's Medical Adviser for assessment.
• In appropriate cases to make contact in writing with the employee at home, or by regular telephone contact while observing the Human Rights Act 1998. In particular the provisions relating to respect for family life, home life and private life.
• To initiate procedures for the termination of service where the level of sickness absence is no longer acceptable.
• To institute action under the School's disciplinary procedure where evidence indicates that the provisions in relation to sick leave are being abused.
•To medically suspend an employee where it is believed they are unfit to work.
2. 7 Responsibilities of the Governing Body
The Governing Body have the following responsibilities:
• To adopt a sickness management procedure and regularly review this.
• To ensure that the Headteacher carries out his/her responsibilities as outlined in the procedure.
• To monitor the absence of the Headteacher and ensure appropriate procedures are applied.
• To determine the appropriate course of action when a Headteacher refers a case when all actions taken by the Headteacher have failed to remedy the situation.
• To take account of the health of the school staff and to provide support consistent with their medical condition and contractual entitlements and to make reasonable adjustments where disabled (see Appendix 3).
• To take appropriate action to maintain services when absence levels become excessive.
• To strike a balance between the School’s need for the work to be done and the employee's need for time to recover to full health.
• To provide a healthy and safe working environment.
• To effectively control and manage the School's services through the proper management of sickness absence.
• To consider the advice of the Council.
2.8 Rights of the Governing Body
The Governing Body have the following rights:
• To require an employee to undergo an interview or examination by the Council’s Medical Adviser.
• To terminate an employee’s service where the level of absence is no longer acceptable.
• To expect Headteachers/Managers to properly apply the sickness absence procedure and to effectively manage sickness absence.
• To consider terminating an employee’s service prior to an employee exhausting their entitlements under the sickness scheme.
•To medically suspend an employee where it is believed they are unfit to work.
3.0 REPORTING AND MONITORING OF SICKNESS ABSENCE
3.1. Reporting Sickness Absence
Due to the unplanned nature of sickness absence it is important that Headteachers/Managers are able to plan workloads and continue to deliver an effective service. It is vital that absence is reported promptly so that appropriate arrangements can be made regarding an employee’s duties.
All staff must report sickness absences in accordance with the School’s procedures for reporting such absences. It must be remembered that if an employee fails to adhere to the reporting instructions without adequate explanation, it could result in forfeiture of their pay during the absence and/or disciplinary action.
4.0SICKNESS ABSENCE
4.1Broadly speaking patterns of sickness absence usually occur in one of two ways, namely:
- Persistent short-term absences; or
- Long periods of continuous absence.
Of course not all patterns of sickness absence fall neatly into one of these groups. The appropriate course of action will depend on the circumstances of the case and some flexibility of approach may be needed.
4.2Persistent short-term sickness absence is characterised by:
- Frequent periods of intermittent absence where no underlying medical condition has
been diagnosed; or
- Frequent periods of intermittent absence caused by a number of unconnected
illnesses.
4.3Intermittent absences caused by a number of unconnected illnesses should be managed in accordance with the Informal Procedure and paragraphs 6.2, 6.3 and 6.4 of the Formal Procedure.
4.4Chronic/ Long-term sickness absence is characterised by, either:
- A long period of continuous sickness, or
- Frequent periods of intermittent absence caused by an underlying medical condition.
4.5Absences for chronic/long-term sickness, which may include absences due to disability (see Appendix 3), are an issue of capability. They should be managed in accordance with the Informal Procedure and paragraph 6.5 of the Formal Procedure.