Sickness Absence Management Policy

1.1.The Council is committed to promoting the health, safety and well-being of its employees. This policy should ensure that absence is managed actively and fairly, in a consistent, supportive and effective way, so that operational service levels are maintained for the success of the Council and the delivery of services.

1.2. We want to make sure that you understand our approach to sickness absence and know the processes that we follow for short-term and long-term absence.Appendix 2: Long-term sickness absence - formal process example

2.1.This Policy aims to promote a positive and preventative, rather than punitive approach, regarding sickness and absence management. Employees are expected to attend work regularly and managers are expected to take a proactive approach to retaining employees at work.

2.2.Early intervention and clear, open communication are key to preventing sickness absence and for managers to be able to offer support to employees. As part of normal day-to-day management, discussions regarding sickness absence should take place, including return to work meetings, and these discussions should also pick up on areas of concern and any future planned absences, for example operations.

2.3.This Policy:

• explains management, employee and HR responsibilities

• explains how employees should report any absences from work due to sickness

• sets out how employees will be paid if they are off work due to sickness

• explains what The Council regard as an unauthorised absence and how such absences will be handled

• sets out The Council approach to short-term absence

• explains when The Council might seek a medical opinion in relation to an employee's health and how this will be managed

• sets out The Council approach to long-term sickness absence

• sets out the support measures in place for any return to work following sickness absence

2.4.Please note that this Policy is non-contractual, and the Council reserves the right to amend or remove this Policy at any time.

2.5.This Policy applies to all employees.

3.1. Prevention and Early Intervention

• ensure your team are aware of the Council rules, practices, procedures and expectations regarding absence
• develop a culture where your team are supported and assisted in staying at work and/or returning to work as well as preventing future absence
• manage potential health issues proactively, even where they are not causing absence
• identify reasonable adjustments to support regular attendance, where appropriate
• discuss expectations with your team regarding absence - for example, they are expected to attend work regularly in order to perform their duties and fulfil their contractual obligations to attend work
• keep up to date on what support and training is available for helping to reduce sickness absence
• address and resolve any absence issues informally and promptly through normal day-to-day management meetings
• take action or escalate issues to the formal stages promptly when triggers are met
• take advice from HR to help consider whether Ill-Health Retirement (Local Government Pension Scheme [LGPS] only) may be applicable for individuals with life-limiting or serious long term health conditions

3.2. Management of Absence and Accountability

• apply the policy in a fair and consistent manner with regard to the individual circumstances of each case
• record details of all meetings within the procedure and share with the employee, including any targets, monitoring and support
• monitor and record absence within your team using the management reporting tool through MyView
• agree and maintain contact with your team members during periods of sickness absence in a manner which has been agreed with them
• carry out a return-to-work meeting promptly on the first day of return for your team following each absence and ensure all absences are recorded in MyView
• for industrial injury absences, ensure an incident report is completed using the online system
• keep all information regarding team members' absence confidential, in line with the Data Protection legislation
• where you are going to be absent from work (annual leave, for example), you must delegate responsibility on MyView to another manager to deal with any staff absence while you are away

4.1.  Prevention and Early Intervention

• take responsibility for your own health and attend work unless unfit to do so
• raise concerns with your manager at the earliest opportunity, if you believe your job is impacting on your ability to attend work
• make use of medical intervention as soon as possible, where it has been identified and made available

4.2. Management of Absence and Accountability

• contact your line manager at agreed times during periods of sickness absence to keep them up to date with progress or changes
• ensure the appropriate certification is completed and submitted in accordance with Council procedures, for example, fit notes.
• co-operate and engage fully with your manager, HR and the Occupational Health (OH) provider and any other organisation providing support
• do not abuse the sickness absence procedures or sick pay scheme
• fulfil your contractual hours by attending work

5.1. Prevention and Early Intervention

• provide advice, support and guidance on risk assessments and what steps can be taken to minimise or eliminate risk

• support managers to investigate sickness absence that may be caused or exacerbated by work, in order to identify actions to prevent a reoccurrence

5.2. Management of Absence and Accountability

• provide advice, support and guidance to managers and employees in the implementation of the Policy

• ensure the policy and procedures are applied consistently across the Council

• provide support for managers at formal meetings

Contracts of employment or the National Conditions for Service (NJC Green Book) sets out pay entitlements when an employee is off sick.

8.2.Eligibility for occupational sick pay also depends on the amount of sickness absence taken in the 12 months prior to the current period of sickness absence. Any absence at full or half pay during these 12 months will be deducted from the total.

8.3.Sick pay for employees on zero hours/variable hours contracts will be calculated differently as they do not have guaranteed hours of work. A 12-week reference period will be used prior to the absence.

8.4.The Council will offset any benefits due under statutory sick pay, employment and support allowance etc. against any occupational sick pay so it does not exceed ordinary full pay.

8.5.Any change to occupational sick pay will be notified in writing prior to any change occurring, for example, where full pay has been exhausted and will reduce.

8.6.In certain circumstances it may be possible for the Head of Organisational Development to authorise an extension of sick pay either at the full or half rate. This may only take place in consultation with, or in the case of an extension of sick pay at full rate, the approval of the Executive Director for Resources.

8.7.In order to receive any sick pay entitlements, employees must make sure that they follow the rules on reporting absence, including but not limited to providing Fit Notes and maintaining regular contact with their manager.

If sickness absence spans over two holiday years, then employees may be able to carry forward untaken holiday from one year to the next, subject to certain restrictions. Further details can be found in the Annual Leave Policy.

9.2.If an employee becomes unwell whilst on holiday, in consultation with HR, managers may be able to offer employees the ability to convert holiday into sick leave, upon receipt of a Fit Note to cover the sickness for the whole period that the employee was sick. This remains at the ultimate discretion of the Head of Organisational Development.

If an employee fails to turn up for work without good reason, then their absence will be treated as being unauthorised. Unauthorised absence includes any sickness absence which is not covered by required supporting evidence (for example, a fit note) or absence where employees might be entitled to self-certify but have not contacted their line manager to report their sickness absence. If an employee is awaiting a fit note to be issued by a medical professional, they must communicate this with their line manager, with an expected date that this will be received.

10.2.If absence from work is unauthorised, then employees will not be entitled to receive pay or any other benefits. The Council reserves the right to make deductions from pay to take account of any unauthorised absence.

10.3.Unauthorised absence may be a disciplinary matter, which will be handled under the Unauthorised Absence and Disciplinary Policies. This may ultimately result in the termination of employment.

There may be occasions where employees feel they may be suffering from ill health, but this does not lead to them needing to be absent from work. If employees believe their health is having an impact on their ability to undertake their job, this should be raised with their line manager.

11.2.Line managers should discuss the matter confidentially with employees, carry out or review the workplace risk assessment and discuss whether any additional support can be provided in order to support employees to remain at work. Depending on the circumstances, it may be helpful to seek advice and guidance from Occupational Health and HR.

11.3.Ongoing health issues which have a substantial impact on job performance and/or wellbeing may need to be considered under the formal stages of this policy.

Overview

The same process of meeting, warning and right of appeal will be followed at each stage of the absence management process.

13.2.At each stage the employee will be given advance notice in writing of the meeting, a minimum of 2 working days, setting out the nature of the unsatisfactory attendance, the actions taken to date and the potential outcomes of the meeting.

13.3.The letter will inform the employee of their right to be accompanied by a work colleague or Trade Union Representative at the meeting. A member of the HR team will attend to advise on procedure.

13.4.Managers will always approach such meetings supportively, with the aim of understanding and addressing any underlying problems which are contributing to high absence levels.

13.5.All meetings at every stage will be an open dialogue with the purpose of:

• clearly explaining the shortfall in attendance

• establishing the cause of the issue

• give employees the opportunity to ask questions for clarification and to respond to issues raised

• identify any appropriate support that is required and/or can be provided to assist in resolving the issue

• understand what employees are doing to support their attendance at work

• agree a reasonable timescale for the attendance to improve

• agree how attendance will be monitored

• set out a date for the interim review and/or review meeting

13.6.The line manager will confirm the outcome of the meeting in writing (normally within 5 working days). Notes of the meeting will also be made available to all parties.

13.7.Warnings at each stage of this procedure generally remain live for 12 months, although the Council reserve the right to extend the length of time that a warning remains live in appropriate circumstances. All correspondence will be kept on file and will be taken into account should there be any further attendance issues.

13.8.Managers will always take the time to understand the background to any absence and what this means to the employee and consider this as part of the process.

13.9.Reasonable adjustments will be made to the process to take account of individual circumstances and any disabilities. For example, absences relating to pregnancy will be discounted and absences relating to a disability will generally be subject to a higher trigger level, supported by medical evidence.

13.10.We will make every effort to ensure that any meeting we hold is scheduled for a time and place that is reasonable and within your normal working hours. You are therefore required to attend the meeting if it is possible for you to do so.

13.11.If you are unable to attend a meeting/hearing within what we consider a reasonable period of time, then we will look at alternative ways of conducting the meeting/hearing. This may involve conducting it virtually.  We reserve the right to proceed with a meeting in your absence when it has not been possible to arrange a meeting that you are able to attend. In that case, we will make every effort to ensure that you are able to make representations in writing or asking a representative or colleague to attend on your behalf.

13.12.If your companion/trade union representative is not available to attend the meeting/hearing, we will agree to postpone once and seek to agree a mutually convenient time. However, any such postponement must be short, and we reserve the right to proceed with the original meeting if no new date can be found that is within ten working days of the scheduled date.

13.13.Stage 1

Stage 1 will be initiated where the Bradford score reaches 51; where long-term absence is triggered; or where there are unacceptable patterns of absence (for example, sickness linked to weekends or annual leave.)

It may not always be necessary to conduct a stage 1 meeting with an employee who is absent due to long term sickness as it may be more appropriate to initiate stage 3. This may be appropriate, for example, where there is no likely prospect of a return to work.

Potential outcomes at Stage 1 are as follows:

• a first written warning that attendance levels need to improve, including a target for improvement. The improvement that is required will be explained along with any agreed support

• a review period and further meeting date will be set

• details of areas where support is needed and the means of obtaining that support

• any agreed adjustments to the working environment

• referral to Occupational Health as appropriate

• identify any actions for you to take to improve your attendance at work

• clear targets and timescales for demonstrable improvement

• right of appeal

• date and time of review meeting

If the required improvements are not achieved during and/or at the end of the review period, or after the review period, the matter will proceed to stage 2, or stage 1 may be reinstated.  Should the Bradford Score increase after the close of the stage 1 review period and within 6 months, then the matter may be progressed, to stage 2. 

Where the targets and required improvements have been achieved, the review meeting will take place in order to:

• discuss progress made and agree any ongoing requirements

• decide if any further supportive action is appropriate, such as a follow-up Occupational Health referral

13.14.Stage 2

Stage 2 will be instigated where there is no improvement of attendance levels as described above or where the Bradford score increased within 6 months of the ending of stage 1.

Potential outcomes at stage 2 are as follows:

• a final written warning that attendance levels need to improve, including a target for improvement - the improvement required will be explained along with any agreed support

• a review period and further meeting date will be set

• details of areas where support is needed and the means of obtaining that support

• any agreed adjustments to the working environment

• referral to Occupational Health as appropriate

• identify any actions for you to take to improve your attendance at work

• clear targets and timescales for demonstrable improvement

• right of appeal

• date and time of review meeting

If the required improvements are not achieved during or at the end of the review period, or after the review period, the matter will proceed to stage 3, which could result in dismissal, or that stage 2 may be reinstated.  Should the Bradford Score increase after the close of the stage 2 review period within 6 months, then the matter may be progressed, to stage 3, which could result in dismissal on grounds of ill-health capability. 

Where the targets and required improvements have been achieved, the review meeting will take place in order to:

• discuss progress made and agree ongoing requirements

• decide if any further supportive action is appropriate​

13.15.Stage 3

Stage 3 will be instigated where there is no improvement of attendance levels as described above or where the Bradford score increased within 6 months of the ending of stage 2 or where there is no likely prospect of the employee returning to work within a reasonable timescale, such as long-term sick.

A stage 3 hearing will be arranged with a Senior Manager and an HR representative.

Employees will be given a minimum of 5 working days advance notice in writing of the hearing. Full details of the management case will be sent to all parties, setting out the details and the actions taken to date. The letter will also set out the potential outcomes and inform the employee of their right to be accompanied by a work colleague or Trade Union representative at the meeting. 

At the meeting the manager who has been responsible for stages 1 and 2, or managing the long-term absence, will present the management case to the senior manager and the employee will be given the opportunity to respond. Up to date medical advice from Occupational Health must be provided with the management case.

Having considered all the details the senior manager will determine what action is appropriate.

Available options include:

• the extension of monitoring and final written warning under Stage 3, with an agreed review meeting date

• details of areas where further support is needed and the means of obtaining that support

• any agreed adjustments to the working environment

• adjournment and further referral to Occupational Health as appropriate

• identify any actions for you to take to continue to improve your attendance at work

• redeployment to a more suitable post, if necessary, on a trial basis

• clear targets and timescales for demonstrable improvement

• date and time of review if applicable, such as if a final written warning is extended/reissued

• dismissal (with notice)

• right of appeal

The outcome of the meeting will be confirmed in writing, normally within 5 working days. In the case of a dismissal the letter will include the right of appeal.

You have the right to appeal against any formal action taken against you under this Policy. If you wish to appeal, you must submit your appeal in writing within 10 working days of receiving your outcome letter, clearly setting out your grounds of appeal, to the person detailed in the outcome letter you receive.

14.2.Once we have received your letter of appeal, we will arrange an appeal hearing. You will be given a minimum of 14 calendar days' notice with case papers prior to a hearing to give you time to prepare. 

14.3.An Appeal Officer (see table on page 6) will be appointed to hear your appeal. They will not usually have had any involvement in the process up to this point.

14.4.You will receive a letter inviting you to the Appeal Hearing, at which you have the right to be accompanied. It may be necessary to conduct further investigations depending on your grounds of appeal.

14.5.We will usually arrange for a designated note-taker to attend, for example, a member of HR or Democratic or Executive Services, or we may choose to record the meeting. You may also make notes (for your own purposes) but please do not covertly record the meeting, such as using your mobile phone, as this suggests that you do not trust our process or the managers who are conducting the hearing. We may decide to deal with any covert recording under the Disciplinary Policy. If you have misgivings about either the process or the managers leading it, you should tell us openly so that we can address your concerns. In turn, we will not record the meeting without your knowledge.

14.6.The appeal could involve a review of the original decision, taking account of the specific grounds of appeal you have raised. Alternatively, it could involve a full re-hearing of the matter. We will decide which approach is most appropriate for your case.

14.7.You should be aware that our appeal officers are not limited in their options when considering your appeal. They can, if they believe it appropriate, decrease a sanction, approve the original outcome or remove a sanction.

14.8.At the conclusion of the Appeal Hearing, you will be advised of the outcome, either on the day (following an adjournment to enable the Appeal Chair to consider their decision) or by letter; we will usually aim to do this within 10 days of your appeal hearing. In any event the outcome will be confirmed in writing as soon as possible. The decision you receive on appeal is our final decision. There is no further right of appeal.

At any time in operating this Policy, the Council may require employees to attend a medical examination by Occupational Health (OH).

16.2.Employees will be asked for their consent to have full access to their medical reports and to discuss the contents with the relevant medical practitioner. They do not have to consent, but if they don't, a decision may be made based on existing medical and other information available.

16.3.The final decisions about how to deal with an employee's sickness absence, and the impact on their employment situation, are managerial, not medical. However, the Council will seek medical advice where work is affecting an employee's health or where an employee's health is affecting their work, in order to help shape decisions being made. Due to this, the timing of an Occupational Health referral will depend on the particular circumstances of each case.

16.4.Employees who feel they are fit to work but their line manager does not, will be put on medical suspension and need to be referred to Occupational Health as soon as it is decided they are not fit for work.

16.5.The role of Occupational Health is to provide impartial guidance to the Council and its employees on the employee's ability to undertake their duties and what measures may be put in place to support them, where appropriate.

The long-term sickness absence triggers are when employees are absent, or are expected to be absent, for a period of more than four weeks (more than two weeks where sickness absence is due to stress, anxiety, depression, other mental health condition or a reoccurrence of a previous condition).

18.2.A review meeting will be arranged with the employee if they are long term sick as described above. At this meeting the reason for absence will be discussed along with any help or assistance that may be able to be provided. This meeting will also discuss what the employee is doing to support themselves and any advice they have been given by any other medical professionals.

18.3.The Line Manager will maintain regular contact with employees throughout any period of long-term absence. The best way of doing this will be agreed taking into account the reason for absence.

18.4.The Line Manager may, at any point during absence, seek to obtain a medical opinion regarding the employees' condition and likely timescale for recovery. This request may be made at the first meeting or at any time during the absence from work. Any request will be processed in line with the 'Seeking a medical opinion' section.

18.5.Regular review meetings will be held with employees during long-term absence to keep up to date with any prognosis, any adjustments which may be made in order to enable the employee to return, the impact that the absence is having on the business alongside any support that can be provided, and what the employee is doing to support themselves. The most appropriate way of holding these meetings will be discussed with the employee, for example, holding the meeting at the employees' home, at an agreed location or virtually. See Appendix 2 for indicative process.

18.6.If the absence continues and the Council believe (whether based on medical evidence obtained or otherwise) that the employee is unlikely to return to work for some time, then a formal Stage 3 hearing may be held. Employees are entitled to be accompanied at this meeting by a work colleague or trade union representative. In the letter inviting the employee to this meeting, they will be advised that dismissal may be a possible outcome. At the Stage 3 absence management meeting, the following will normally be covered:

• a review of the meetings that have taken place and matters discussed thus far

• whether there have been any changes since the last meeting, regarding either a possible return to work or opportunities for redeployment

• whether there are any reasonable adjustments which could be made to allow a return to work

• the impact that the absence is having on the business

• any further matters that are required to be raised

• whether there is a reasonable likelihood of a return to work in a reasonable timeframe

• the possible termination of employment on grounds of ill-health capability

18.7.Termination of employment will normally be with full notice or payment in lieu of notice. The Council reserves the right to pay any remaining entitlement to occupational sick pay in lieu of notice, upon the express written agreement from the Head of Organisational Development.

• the employee is likely to be served notice of their dismissal from their substantive role based on their length of service

• the employee may be temporarily redeployed to adjusted duties within the Council

• if the employee is unable to be temporarily redeployed, they will remain off sick during their notice period on full notice pay

• where suitable alternative roles become available, employees will be offered a trial period in another role

• where an employee is transferred to a lower grade job, they will be transferred to the grade of that job with an associated salary

• the employee will be allowed sufficient time, normally 7 working days, to consider the offer, and they will be informed that a refusal may normally result in termination of employment. This will be with Occupational Health advice and will include an agreed trial period in the new role

• the maximum length of time for a trial period in another job role would normally be eight weeks. The trial will be reviewed at a meeting with the appropriate line manager of the trial position and an HR Advisor in weeks two, five and eight. These review meetings are likely to cover the following areas:

  • a review by both parties as to how the trial is going

  • job performance and progress against targets/the job description

  • training needs or support required and undertaken

19.2.Notes of the review meetings will be supplied by the line manager. The reviews and trial period will determine the decision as to whether or not the new role is suitable. Where it is clear that the job role is not suitable, the trial may be terminated prior to the end of the agreed period by mutual agreement. Any remaining notice period will be paid by way of pay in lieu of notice.

• obtaining medical advice (if agreed and appropriate)

• making reasonable adjustments to the workplace and/or the employee's duties

• considering redeployment (based on medical advice)

• considering a phased return to work

20.4.Where a fit note indicates that the employee is required to return to the medical practitioner for further assessment, they will be required to do this before they return to work.

20.5.If employees wish to return to work before the expiry of their fit note, they may only do so if it has been agreed with their line manager and HR in advance. In some cases, it may be necessary to take advice from Occupational Health prior to the employees return.  Line managers will need to carry out a risk assessment prior to return.

20.6.Where an employee returns to work before their fit note expires, the line manager must ensure the Return-to-Work form details the return to work plan, including a risk assessment.