Sickness Absence Management

1. Introduction

This Sickness Absence procedure sets out manager and employee responsibilities for sickness absence, and the process for ensuring that short and long term absence are dealt with in a fair, timely and consistent way whilst supporting the person concerned to improve their attendance.

2. Responsibilities

Managers

2.1  Managers should use their judgement and discretion at each stage of this procedure taking account of individual circumstances. Managers responsibilities include: 

• Ensuring their staff know the rules for reporting sickness absence. 
• Following the Sickness Absence Management Procedure
• Maintaining contact with individuals during sickness absence
• Maintaining accurate sickness records on SAP (including ½ days)
• Treating all employees fairly, reasonably and consistently
• Carrying out a return to work meeting on the first day back following each absence, or as soon as reasonably possible 
• Undertakes/initiates Risk Assessments, makes referrals to the Council's Occupational Health Service or the Government's Fit for Work Scheme 
• Ensuring any personal information relating to an individual's health and/or wellbeing, is handled sensitively and kept in confidence
• Fostering a culture of well being at all times

Employees

2.2  Employees have responsibilities to fulfil in relation to Sickness Absence including:

• Making every effort to attend work regularly
• Following reporting instructions and reporting absence on the first day
• Remaining in regular contact with their manager during sickness absence
• Attend return to work meetings on the first day back following each absence, or as soon as reasonably possible. 
• Making reasonable efforts to attend formal Sickness Absence meetings when requested
• Providing a self certification form or completing online return to work to cover all absences up to and including 7 calendar days
• Providing a Fit Note for all absences of 8 calendar days or more

3. Record keeping

3.1 Managers will keep written records of all meetings and any actions under the formal procedure.

3.2 Managers will send all relevant paperwork to HR for inclusion in the employee's personnel file.

4. Informal Management of Sickness Absence

4.1 Managers will meet with each employee returning from sickness absence, on their first day back at work or as soon as reasonably practicable - regardless of the length of absence and complete the Return to Work (RTW) form online or complete a self certification form if they have limited computer access. 

4.2 At the Return to Work meeting, managers must discuss with the employee their sickness absence, raise any concerns they may have and agree how they can support the employee in their return to work. 

4.3 All employees should be advised of the implications and consequences of any further periods of absence i.e. if further absences occur and one of the triggers - see below - is reached, the formal procedure may be instigated.  Before doing so, managers will use their judgement and discretion taking into account individual circumstances and alternative approaches.

4.4 If the employee has hit a trigger, they should be advised that the formal procedure may be instigated and a Sickness Absence Meeting held.  At this point a manager may wish to hold a Guidance Meeting, whether or not the trigger has been reached. Under these circumstances the employee must be advised that the formal procedure will follow if there is insufficient improvement as an outcome of the Guidance meeting.  The formal Sickness Absence Meeting should not be initiated until a Guidance Meeting has taken place.

5. Triggers

5.1 The current Sickness Absence Triggers are:

• 3 separate sickness absences of any duration in a 3 month period, or
• 5 separate sickness absences in a 12 month period, or
• a total of 12 days in a 12 month period, or
• A pattern or type of sickness absence that causes concern, e.g. regular absence, often leaving work a few hours early due to sickness, frequent medical appointments, etc.,
• Single episode of four continuous weeks (long term absence) 

The above triggers apply to both full time and part time employees regardless of the hours worked.

6. Formal Management of Sickness Absence

6.1 The manager may initiate the formal procedure when an employee hits an absence trigger, after giving full consideration to the circumstances of the case. The employee will be requested to attend a Sickness Absence meeting.

7. Employee attendance at meetings

7.1 Employees will be given a minimum of 5 days notice, in writing, of any formal meeting.

7.2 Employees should be informed of the reason for meeting, provided with relevant paperwork including a copy of the Sickness Absence Procedure, copies of certificates, Return To Work forms / details etc. and made aware of all possible outcomes.

7.3 Managers should consider whether employees on long term sickness absence are fit  to attend meetings / hearings seeking advice from the Government's Fit for Work Scheme or Council Occupational Health Service as appropriate.  Managers considering holding the meeting in the absence of the employee can seek advice from HR.

8. Right to be accompanied

8.1 Employees may be accompanied, at all formal meetings, by their trade union representative or a work colleague, who can present their case but cannot answer questions on their behalf. It is the employee's responsibility to inform their trade union representative / work colleague of the details of the Sickness Absence  Meeting / Appeal Hearing.

9. Sickness Absence Meetings

9.1 At all meetings the manager will explain their concerns regarding the employee's sickness absence and the employee will be given an opportunity to respond and provide any mitigating circumstances.

9.2 The manager will consider all the facts and circumstances before determining  whether it is appropriate to issue a Warning (or Dismiss, if in receipt of previous warnings).

10. Confirmation of outcomes

10.1 The manager will confirm the outcome of any formal Sickness Absence Management Meeting, in writing, to the employee within 5 working days of the formal meeting being held.

10.2 The outcome letter will give details of any warning issued and its duration, information about the withholding of an increment, together with the details and duration of any monitoring period. The employee will also be advised of their right of appeal and the consequences of further absences.

11. Monitoring periods

11.1 When setting monitoring periods managers should consider the individual's circumstances such as any long term health conditions and expect levels of improvement that are relative to their health condition.

11.2 Following a formal Sickness Absence Management meeting and any formal action, the manager will set a monitoring period, during which time the employee is expected to improve their attendance. At the end of the monitoring period, a further Sickness Absence Management meeting will take place to review attendance levels. Where sufficient improvement has been made this will be acknowledged and no further formal action will be taken, however, the employee must be advised that they are required to sustain this satisfactory level of attendance.

11.3 Where insufficient improvement has been made the manager will determine the next steps, which could include a further sanction i.e. issuing a Final Warning, or Dismissal, following consideration of the employee's response.

11.4 In some cases further action may be taken before the monitoring period comes to an end. This may be appropriate when sickness absence levels increase and / or new medical information comes to light such as a deteriorating health condition.

12. The approach to managing Long Term sickness absence

12.1 The procedure for handling long term sickness absence follows the approach taken with short term / persistent sickness absences. However, sensitivity is required when dealing issues of serious ill health where issues such as attendance at meetings may be difficult.

13. Management of Long Term Sickness

13.1 The very nature of long term sickness absence may limit the options for managing the absence and therefore it is crucial that where a period of absence is likely to continue beyond 4 weeks (28 days) the manager meets or makes contact with the employee as soon as possible.

 This initial discussion could cover:

• the nature of their illness and its likely duration
• how they can be supported in an early return to work
• making arrangements for a referral to the Government's Fit for Work Scheme for an Occupational Health assessment or to the Council's Occupational Health Service as appropriate
• exploring opportunities for redeployment / alternative working arrangements
• whether any workplace adaptations are needed to assist their return
• whether a phased return to work is appropriate
• whether or not ill health retirement is an option
• where appropriate the employee must be made aware that should their absence continue beyond 4 weeks then a formal Sickness Absence meeting may be arranged

The employee's likelihood of returning to work will be a major factor in determining any action

14. The procedure for managing Long Term sickness absence

14.1 The procedure for handling long term absence mirrors the approach taken when dealing with short term absence.
 

• Employees will be given a minimum of 5 days notice, in writing, of any formal meeting.
• Employees may be accompanied or represented, at all formal meetings, by their trade union representative or a work colleague, who can present their case but  cannot answer questions on their behalf. 
• Managers should consider whether employees on long term sickness absence are fit to attend meetings / hearings seeking advice from the Government's Fit for Work service or the Council's Occupational Health Service as appropriate. Managers considering holding the meeting in the absence of the employee can seek advice from HR.

15. Dismissals

15.1 The decision to dismiss will not normally be taken without due regard to all alternative options.

15.2 Before any employee is dismissed on the grounds of ill health, the Council's Occupational Health Service must be requested to advise on whether they meet the requirements for ill health retirement.

15.3 The employee will not normally be required to work their notice and may be paid in lieu, on full pay.

16. Appeals against action taken under this procedure

16.1 An employee issued with a warning or dismissed under this procedure has the right to appeal. Appeals must be in writing within 10 working days of receipt of the warning / dismissal letter. The letter of appeal must state the detailed grounds on which the appeal is being made.

16.2 Appeal hearings must be held within 20 days of receipt of appeal.

16.3 Any extensions to timescales will be discussed and reasonably agreed by both parties.