This document covers not just sickness absence, but all areas of attendance at work.
We recognise that there may be occasions where you are well enough to attend work, but for other personal reasons feel you need some time off. Therefore this document provides an overview of the different arrangements which are available when it is not possible for you to attend work and to help you manage your work life balance.
There are however some specific areas of leave and attendance which require additional detail and information for which there are separate documents available.
These documents support this policy and include:
•
The Maternity Scheme
•
The Maternity Support Scheme
•
Guidelines on the Flex Scheme
•
Pandemic Flu Policy
This document is split into two parts –
Part One: Authorised Absence Policy & Procedures (for other types of leave and authorised absences) and;
Part Two: Attendance Policy & Procedures (for health, short and long term sickness absence).
These policy statements may be changed by the Council at any time, for example to comply with new legislation.
If you require any additional information on areas covered by this policy, please speak to your manager or a member of the HR team.
Please note: When ‘manager’ is referred to in this policy, it can be taken to mean your line manager or another equivalent manager within your service.
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5 Introduction
5 Equalities statement
5 Relevant legislation
5 Related policies/procedures/schemes
6 Authorised absence procedures
6 Annual leave year
6 Annual leave entitlement
6 Booking annual leave
7 Booking annual leave (part time employees)
7 Annual leave enquiries
7 Carry over of leave
7 Public holidays
8 Compassionate leave
8 Exam leave and requests for time off for training
9 Elective surgery
9 Jury service
9 Maternity, paternity and adoption
9 Leave for sickness absence
10 Time off for religious or cultural observance
10 Time off for public duties
11 Emergency time off for dependants
11 Time off for local authority interviews
11 Flexitime
11 ‘Stuck’ not ‘Sick’?
12 An ongoing need for time off?
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13 Introduction
13 Equalities statement
13 Relevant legislation
13 Related polices/procedures/schemes
13 What is an attendance policy?
16 Sickness absence procedure
16 Notifying absence
17 Certification
18 Maintaining contact
19 Monitoring sickness absence levels
19 Return to work
20 Dealing with frequent short term absence
23 Dealing with long term absence
27 Ill health which does not lead to absence from work
27 Employment decision
28 Ill health retirement (Local Government Pension Scheme Members)
28 Accidents and industrial injury
28 Medical appointments
29 Sickness absence related to pregnancy
29 Sickness absence related to disability
29 Occupational Health referral – general notes
30 Employees’ right of representation
31 Overview - absence management
32 Appendix 1: Health Capability Procedure
37 Overview - the Health Capability Procedure
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North Norfolk District Council recognises that employees may wish for, or require, leave from work under a variety of circumstances and that this can assist with work life balance.
This document outlines a number of the types of leave available, circumstances under which they may apply, how to request/arrange the leave and where appropriate the options available .
North Norfolk District Council wishes to promote equal opportunities and has a number of obligations under equality legislation. All employees are expected to adhere to this policy in line with these obligations. Reasonable adjustments or supportive measures should be considered to ensure equality of access and opportunity regardless of age, gender, maternity, pregnancy, gender reassignment, marriage, civil partnership, race, ethnicity, sexual orientation, disability, religion or belief.
Employment Rights Act 1996
Employment Act 2002
Equality Act 2010
Flexible working legislation
Pregnancy related legislation
Maternity & Parental Leave Regulations 1999
Working Time Regulations 1998
Equality & Diversity Policy
Maternity Scheme
Maternity Support Leave Scheme
Flexitime Guidance
Jury Service Guidance
Information on Statutory Adoption Pay and Leave
Attendance Policy
Employee Code of Conduct

1.
Annual leave year
1.1
Your terms and conditions of employment detail your holiday year and annual leave entitlement. This will be dependent on your start date, meaning that your holiday entitlement in your first year of service may be a pro-rata figure. If you have continuous service from another Council this will be taken into account in calculating your entitlement.
1.2
Employees are encouraged to take their full entitlement within each annual leave year and in any case, the statutory minimum must be taken as it is not possible to carry this over.
1.3
The statutory annual leave entitlement is currently 5.6 weeks per annum and this figure can include public holidays. This is equivalent to 28 days for full time employees and pro-rata for part time staff.
2. Contractual Annual leave entitlement
2.1 Most employees have an annual leave entitlement of 24 days per annum, increasing to 29 days after 5 years continuous service. This is in addition to the 8 days public holiday entitlement.
2.2
Part time entitlement is calculated pro-rata based on the number of days you are in the office per week. More information on how to book leave if you work part time can be found in section 4 below.
2.3
If you decide to leave the Council, your entitlement will be calculated pro-rata according to the date your employment will end. The Council will be entitled to recoup pay if you have taken more leave than you were proportionately entitled to.
For example, if your leave year was 01 Jan – 31 Dec and you left at the end of June, you would only be entitled to half of your holiday entitlement, as you would have only worked half of the year.
3.
Booking annual leave
3.1
To book leave, please complete an Application for Leave form (obtainable from http://intranet/services/resources/hr/leave.asp, HR or Reprographics), have it authorised by your manager and pass it to your sections ‘nominated leave administrator’.
1
3.2
All leave requests will be considered, however, it may not always be possible to grant requests for leave due to operational reasons. All leave requests need to be approved by your manager in advance, giving as much notice as possible of your proposed leave dates. You should not book a holiday prior to receiving confirmation of your request from your manager.
1
A list of leave administrators is available on the intranet
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4. Booking annual leave (additional information for part time employees)
4.1
Please note, regardless of the number of hours you work in a day, if you are not coming to work at all that day due to annual leave you should be booking the whole day off as leave.
The reason for this is because annual leave is calculated based on the number of days you attend work rather than your working hours, and you are booking the whole of one of your working days off.
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4.2
It is the responsibility of both you and your manager to ensure that your leave request is completed correctly, ready to be input by your ‘nominated leave administrator’.
5. Annual leave enquiries
5.1
Your leave records (holiday year and entitlement, dates booked and leave remaining) are held on the Human Resources computer system and can be accessed by the Sections ‘nominated leave administrator’. You can also view your leave records on the intranet via the staff directory and clicking on the symbol.
6. Carry over of leave
6.1
You are able to carry over unused annual leave entitlement from one leave year to the next, provided that this has been authorised in advance by your manager.
6.2
With your managers agreement, it is possible to carry over up to 5 days leave into the next leave year. However, in exceptional circumstances, and when it has been agreed in advance with your manager, it is possible to carry over up to 10 days. Please note any carry over is only allowed on the condition that the minimum statutory leave entitlement has been taken.
6.3
Holiday entitlement continues to accrue during periods of sickness absence. On return from a period of long term sickness absence, it is always the preference that any remaining leave entitlement should be taken on your return to work and prior to the end of the current leave year. Where this has not been possible, it is permitted to carry over statutory entitlement into the next holiday year. However, contractual leave (i.e. leave entitlement over and above your statutory entitlement) may only be carried over subject to the conditions in section 6.2 above.
7. Public holidays
7.1
Your terms and conditions of employment detail whether you are entitled to these paid public holidays:
New Years Day Spring Bank Holiday
May Day Boxing Day
7.2 If you work part time and a public holiday falls on one of your normal working days, you may use your annual leave entitlement or flex leave to cover the day. Or if agreed in advance with your manager you may instead work an alternative day in the same week (where possible) to make up your hours.
2
Please refer to the factsheet available on the intranet for more details
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8. Compassionate leave
8.1
This is given for attending/arranging the funeral of a partner or relative*. Your maximum entitlement is 3 days , depending on these criteria:
1 day
2 days
2 days for attending the funeral. for attending a funeral more than 100 miles from your home. for attending and arranging the funeral, if you were the only person arranging it.
3 days for attending and arranging a funeral more than 100 miles from your home, if you were the only person arranging it.
8.2
Please obtain a Compassionate Leave form from Human Resources Service or at http://intranet/services/resources/hr/leave.asp. This then needs to be authorised by your manager and sent to the Human Resources Services to be authorised by the
Organisational Development Manager. Your records will then be updated.
8.3
If you require additional leave following a bereavement or relating to any particular religious or cultural requirements at that time, please discuss your request with your manager or a member of the HR team. Any additional leave would need to be covered by annual, flex or unpaid leave.
8.4
Further support is available from the employee assistance programme on 0800
072 0 072.
*For the purpose of compassionate leave a relative is considered to be a relative of your own or your partner, based on the following definitions of ‘partner’ and ‘relative’:
Partner: a spouse, partner, or civil partner living at the same address as you
Relative: Includes parents, parents-in-law, child/adult child, adopted child/adult child, siblings (including in-laws), uncles, aunts, grandparents and step relatives
9. Exam leave and requests for time off for training
9.1
If you are studying for a qualification that is supported by the Council and covered by a training indemnity, then you are eligible for one day off to study per examination or time off to complete a key assignment, subject to a maximum of 3 days per annum plus time off for the examination itself.
9.2
You do have to obtain your manager's permission and you will need to complete an application for leave form as normal.
9.3
If you feel that the above is not adequate / appropriate, you can make a case to the Organisational Development Manager outlining your individual circumstances.
9.4
If you have 26 weeks continuous service or more you may request unpaid time off for training during working hours. The training must result in a recognised qualification and relate to developing specific skills relevant to the workplace. Whilst there is a right to request, there is no right to have the time off. However, all requests will be considered by your Line Manager with advice from HR as appropriate
3
.
3
Please refer to separate guidance on requests for time off for training available online at http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry1637.aspx
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10. Elective surgery
10.1
‘Elective surgery’ is surgery that is not medically necessary and can include cosmetic surgery or dentistry purely to enhance appearance. There is no entitlement to occupational sick pay for such procedures; although where you are not fit to return to work for a period of recovery Statutory Sick Pay (SSP) may apply, subject to normal rules.
10.2
If you choose to undergo elective surgery, we would ask that where possible, this is arranged at times causing the least impact to the service. You would need to discuss this with your manager in order to gain permission for the time off and to discuss how this will be covered – for example – annual leave or unpaid leave.
10.3
Please note that gender reassignment procedures or cosmetic surgery or dentistry recommended by a medical practitioner in order to assist in overcoming issues which impact upon wellbeing are not considered elective. Time off needed for these procedures would be considered under the sickness absence rules in the
Attendance Policy above.
11. Jury service
11.1
If required to serve on a jury you must inform your manager and the
Organisational Development Manager before your Jury Service begins.
11.2
Guidance notes on payment for Jury Service are available on the intranet under the leave pages of the HR section
4
.
12. Maternity, paternity & adoption
12.1
Entitlements to leave for maternity/paternity/adoption related reasons are specific and dependent on your circumstances. There will be separate guidance available for this. Please speak to a member of HR if you would like further information.
13. Leave for sickness absence
13.1
Please refer to the Attendance Policy for details of how to report sickness absence and how this will be managed by the Council. Your entitlements to
Occupational Sick Pay (OSP) can be found below and in your terms and conditions of employment. For the latest information on Statutory Sick Pay, please visit www.direct.gov.uk
.
Length Of Service
During 1 st
year of service service
After 5 th
year of service
OSP entitlement
1 months full pay and (after completing 4 months service), 2 months ½ pay
During 2 nd
year of service
During 3 rd
year of service
During 4 th
and 5 th
year of
2 months full pay and 2 months ½ pay
4 months full pay and 4 months ½ pay
5 months full pay and 5 months ½ pay
6 months full pay and 6 months ½ pay
4
See http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry887.aspx
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14. Time off for religious or cultural observance
14.1
Requests for reasonable time off for religious or cultural observance or religious festivals will be considered the same as any other request for leave. Requests should be made using an Application for Leave form. An employee may request unpaid leave for such occasions, however, annual or flex leave should be considered in the first instance.
14.2
It may not always be possible to grant requests for leave due to operational reasons, however, all requests will be considered. You should give as much notice as possible of your proposed leave dates.
14.3
If you would like to seek time off during your daily working hours to attend obligations of your faith, e.g. prayer, it may be possible to request a permanent change in your working hours or to obtain unpaid leave for this purpose; subject to operational requirements. Please discuss any such requests with your manager in the first instance.
15. Time off for public duties
15.1
If you carry out any ‘public duties’ (these include School Governors, Magistrates and Parish Councillors), you may be entitled to reasonable time off in relation to carrying out these public duties.
15.2
Reasonable time off for public duties is only granted for carrying out the duties themselves and not for other related activities, such as training.
15.3
Requests for time off for public duties must be made in advance to your manager using the ‘other’ section of the Application for Leave form and detailing that the time is required for public duties. We will also require evidence of the public duty to be attended and some record of attendance.
15.4
What is reasonable will depend on the circumstances and in some cases it may not be possible for your request to be granted, or you may be required to take flex, annual or unpaid leave if you still require the time off (again, subject to manager approval).
15.5
Whether time off is classed as reasonable will depend on a number of factors, including: a) What the duties are b) The time needed to carry them out c) The impact on the team/service demands d) How much time off you have already had for public duties or other duties
15.6
There are certain other organisations which, although not covered under ‘public duties’ (such as lifeboat crew, retained fire fighters or other emergency services), the
Council would, under circumstances, consider unpaid time off to engage in these activities. Permission to carry out the duties would need to be gained in advance (as outlined in the Employee Code of Conduct). It is recognised that due to the unpredictable nature of some of these activities time cannot always be booked in advance but an agreement should be reached with your line manager as to how these emergency call outs could be accommodated and recorded.
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16. Emergency time off for dependants
16.1
Under the Employment Rights Act 1996 employees are entitled to reasonable unpaid time off to deal with emergencies relating to dependants. Dependants include a spouse, parent or child. This time off is to take what action is necessary and what is reasonable will depend on the individual circumstances. This right is limited to incidents involving dependants and where there are unforeseen circumstances. The time off allowed is not unlimited and should not be used for dealing with ongoing or routine domestic issues.
16.2
If you feel that you need emergency time off for dependants, then you should inform your manager as soon as is practicable, letting them know of the situation and likely duration of your absence.
16.3
The legislation regarding emergency time off for dependants only provides for unpaid leave. The Council however will also consider the following options – ‘stuck not sick’ leave, unpaid leave, holiday and flex.
17. Time off for local authority interviews
17.1
There is no right to paid time off for interviews at other Local Authority employers. However, if you are attending an interview at another Local Authority you may request reasonable paid time off for this purpose. The request must be proportionate to the interview time and is subject to the agreement of your manager and the time being appropriately recorded on your timesheet.
17.2
No paid time off will be given for any other interviews. These will need to be taken as annual, flex or unpaid leave.
17.3
There are special provisions for time off for interviews for employees in a redundancy situation. Please refer to the Employee Adjustment Procedure.
18. Flexitime
18.1
All staff eligible to take part in the flex scheme can accrue flex time and take flex leave provided this is authorised by the manager. For part time staff flexitime will be credited on a pro-rata basis. Separate guidance on flex leave is available on the intranet
5
.
18.2
If agreed with your manager, the flexitime system allows employees to go up to minus ten hours in debit (pro-rata for part time employees). This may assist in domestic situations that are not covered by the rules surrounding emergency time off for dependants.
19. ‘Stuck’ not ‘Sick’?
19.1
There are occasions where you may be faced, at short notice, with personal or domestic circumstances which mean it is difficult for you to attend work. Where this is the case you should not report this as sickness. Instead, you should telephone your manager in line with the requirements of section 1.1 of the attendance policy to advise of your circumstances and that you are stuck at home. You should attend work as soon as possible and agree with your manager how this time will be made up, for
5 http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry275.aspx
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instance via the flexitime scheme, or using annual or unpaid leave. This is only to be used in exceptional circumstances and will be monitored by your manager.
20. An ongoing need for time off
20.1
If you are faced with a personal circumstance which you feel may require you to take time away from the work place on an ongoing basis, please discuss this with your manager and/or a member of the HR team as there may be flexible working options that are available to you, or assistance we can give to you to support your attendance.
For help and advice on this policy, please contact the HR team
℡ 01263 516051 / 516352 / 516024/ 516030
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North Norfolk District Council wishes to promote equal opportunities and has a number of obligations under equality legislation. All employees are expected to adhere to this policy in line with these obligations. ‘Reasonable’ adjustments or supportive measures should be considered to ensure equality of access and opportunity regardless of age, gender, maternity, pregnancy, gender reassignment, marriage, civil partnership, race, ethnicity, sexual orientation, disability, religion or belief.
Employment Relations Act 1999
Employment Rights Act 1996
Access to Health records Act 1990
Data Protection Act 1998
Equality Act 2010
Health & Safety legislation, including:
The Health and Safety at Work Act (HASAWA) 1974
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
1995
Pension and Discretionary Benefits Policies
Disciplinary Procedure
Health and Safety Policy
Equality & Diversity Policy
Maternity Scheme
Pandemic Flu Policy
Authorised Absence Policy
Health Capability Procedure
•
In the event of a wide-spread epidemic or events affecting sickness levels, management and UNISON may agree an interim procedure, for example the
Pandemic Flu Policy.
•
It is a policy which aims to provide clarity and a positive, fair, sensitive and consistent framework for managing staff attendance. The Council is committed to this and believes it is the responsibility of staff, managers, trade union representatives and Members to work together to achieve this.
•
Whilst recognising that staff will at times be prevented from attending work through ill health, we have a duty to maintain service delivery and minimise disruption to both service delivery and colleagues and therefore the health and attendance of all our staff is essential to enable us to achieve this. This policy will
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ensure that all members of staff are managed consistently and that the attendance policy is applied fairly across the Council.
•
The emphasis will be on supporting and managing staff attendance whilst being alert to frequent short-term absence and/or high levels of sickness absence and taking prompt action as necessary.
•
The policy will be monitored by the Human Resources (HR) team and reviewed regularly to ensure that it continues to meet the Council’s aims.
•
We recognise that staff should be kept informed of the Council’s attendance performance thus we will publish sickness absence figures on the intranet
6
.
•
All employees have a contractual duty to attend work and we expect you to attend work unless unfit to do so.
•
To take responsibility for your own health and wellbeing and to raise any concerns you may have with your manager or HR if you believe that your job is making you ill or contributing to illness.
•
You will be expected to attend relevant training related to absence management.
•
To report sickness absences promptly, in accordance with the sickness absence procedure and ensure that appropriate certification is completed in a timely manner.
•
To initiate and maintain contact with your manager during periods of sickness absence so that we know how you are getting on and so that you don’t feel isolated, vulnerable or out of touch from work. This will also help your manager to reallocate or reschedule work in your absence, where appropriate, in order to maintain service delivery.
•
To ensure that you receive medical advice and treatment, where appropriate, as quickly as possible in order to facilitate a return to work. Whilst it is not always necessary for someone on sick leave to be confined to their home, you should not do anything that prevents or hinders your recovery and / or delays your return to work.
•
You should be aware of the provisions of section 10.10 (part 2) of the Green
Book which states: ‘If an employee abuses the sickness scheme or is absent on account of sickness due or attributable to deliberate conduct prejudicial to recovery or the employee’s own misconduct or neglect or active participation in professional sport or injury while working in the employee’s own time on their own account for private gain or for another employer sick pay may be suspended.’
•
If you have a health condition which may require particular attention in an emergency situation, for example diabetes or allergies, you should discuss your specific needs with your manager and/or an HR Officer/Advisor.
•
To be familiar with the policy and to correctly follow the sickness absence procedures.
•
To attend and participate in meetings to discuss your health.
6 http://intranet.northnorfolk.org/services/resources/hr/leave/sickness.asp
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•
To be sensitive and supportive to those suffering from the effects of illness or injury.
•
To apply the absence procedures fairly and consistently.
•
To carry out a Return to Work Meeting promptly for their members of staff following each absence and forward the completed documentation to HR without delay .
•
To ensure that sickness absence cases are conducted with respect for confidentiality and in compliance with data protection legislation.
•
To support, manage and promote attendance at work whilst being alert to frequent short-term absence and/or high levels of sickness absence and taking prompt action as necessary.
•
Occupational Health Service (OH) – they provide independent advice and guidance to the Council on the impact of ill health on work and what steps staff and the Council can take. HR will manage all referrals to OH (see sections 7 and 15).
•
The Employee Assistance Programme (EAP) – they provide an independent confidential service to employees so that they are able (if they wish) to discuss concerns related to work or personal circumstances. They can be contacted 24 hours a day on Freephone 0800 072 7072.
•
The HR team – to provide support and guidance to managers and staff in dealing with sickness absence and ill health and in the use of the Council’s appropriate policies and procedures.
•
When ‘manager’ is referred to in this policy, it can be taken to mean your line manager or another equivalent manager within your service.
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The following procedure applies to all employees of the Council.
In order for service delivery to be maintained, it is essential that your manager is aware when you are unable to attend work due to illness. Failure to inform your manager of absence may lead to the absence from work being considered as unauthorised, resulting in loss of pay and possibly disciplinary action.
1.1 You must telephone your manager on your first day of absence – where possible this should be before 9.30 a.m. If your manager is not available, a message and contact number must be left for them with another manager.
1.2 If on the next day you are still not well enough to return and you have not already told your manager this, you must contact your manager, with details of your anticipated length of absence and any work commitments that may need attention or rearranging.
1.3 As your employer we have a duty of care towards you. If you have not contacted your manager to advise that you will be absent due to sickness by
9.30 a.m. on the first day of absence, then we will contact you. If we are unable to contact you, we will contact your elected emergency contact.
Please ensure that your emergency contact details are always up to date
7
.
You can check these at any time by asking a member of the HR team.
1.4 If you believe that your absence may have been caused by something that happened at work you should inform your manager of this and arrange for an
Accident Report form
8
to be completed. In accordance with RIDDOR
Regulations 1995 serious accidents must usually be reported immediately
(however, if this is not possible, within 5 days) and other incidents must be reported within 5 working days to allow the corporate policy on accident reporting to be followed. Further details on work related injury can be found in section 11.
1.5 On occasions when you report to work, (commence work) but then subsequently feel too ill to remain at work, you will still need to inform your manager and fill out a Self Certification/Return to Work meeting form on your return, indicating what hours you did work. Sickness absence is recorded in part and whole days only, therefore where you are absent from work due to sickness for any part of a day, a part day’s sickness will be recorded. You are still able to credit any hours worked to your time sheet and can credit for sickness up to your normal working hours but no more than 7.24 (pro-rata for part time employees). A part day’s sickness will be included for the purpose of calculating the triggers in section 6.
7
You can update your details by completing a change form -
8 http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry1855.aspx
This can be located on the intranet under Staff/Health &Safety/Accident Reporting
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2 Certification
Every absence has to be certified to ensure prompt and correct payment of contractual and statutory sick pay and to ensure that accurate records are maintained. Failure to comply with the certification procedures may result in loss or delay of sick pay. Misleading or false statements may be dealt with under the Council’s disciplinary procedure.
2.1 On your return to work, you must complete a Self Certification/Return to Work meeting form and pass this to your manager to enable them to hold a Return to Work meeting with you and complete the final section of the form. It is important that this meeting is held as soon as possible (ideally on your first day back at work and at least within three of your working days), to welcome you back to work, ensure that there is an accurate record of the absence, that the appropriate certification has been completed, to update you on work issues and explore the reasons for absence.
2.2 There is a section on the Self Certification/Return to Work meeting form which asks for ‘date when fit again’. Please note that this is the day when you were well enough to come back to work, regardless of whether or not it was one of your normal working days – this therefore includes weekends, public holidays and any days that are not included in your normal working pattern. It is important that this date is correct for Statutory Sick Pay (SSP) purposes.
Example: If you normally work Wednesday to Friday and you are unwell from
Thursday – Monday. You would have been well enough to return to work on
Tuesday (had this been one of your normal working days, but you did not report for work until your next working day. On your self certification form you will need to state that you were fit for work on the Tuesday and that the day you returned to work was the Wednesday.
Example: You are unwell on a Friday, but feel well again on Saturday morning. Even though Saturday is not a normal working day for most employees you would still need to state the date for the Saturday as your
‘date when fit again’
2.3 If you continue to be absent for more than seven consecutive days (including
Saturdays, Sundays, or public holidays), you must consult a medical practitioner and obtain a medical certificate, which must be forwarded immediately to the HR team who will then inform your manager. (Please mark the envelope as ‘private and confidential’). These medical certificates are now commonly known as ‘fit notes’.
9
2.4 Where there is continuing sickness absence you must provide concurrent medical certificates to cover the whole period of absence to the HR team. It is your responsibility to liaise with your medical practitioner to ensure this is the case and there must be no gaps between certificates. (Delay in forwarding your certificates or gaps between certificates could result in loss of sick pay).
9
Separate guidance on ‘fit notes’ is available on the intranet - http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry1638.aspx
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Example: If you have a certificate for one month from the 1 st
November 2010, the certificate expires at the end of the 30 th
November and therefore if you are not well enough to return at the end of the certificate, your new certificate will need to start from the 1 st
December.
Example: if you are given a certificate which states that you are unwell from the 1 st
November to the 14 begin on the 15 th th
November.
of November, a consecutive certificate would
2.5 Where the medical statement indicates that you are required to return to the medical practitioner for further assessment, you will be required to do this before returning to work.
2.6 If you wish to return to work before the expiry of your medical certificate, you may only do so if this has been agreed with your manager and HR in advance. In some cases it may be necessary to take advice from
Occupational Health prior to your return.
2.7 If you fall ill while on leave, you may reclaim the affected days if you provide medical certification for the period you wish to reclaim. Unless you submit a medical certificate you will not be able to claim any sick pay under the scheme. This only applies to annual leave and ‘flex’ leave which you have booked. If a cost is incurred for the medical certificate in this instance, the cost would be met by the employee.
2.8 Any abuse of the sickness scheme, including false or misleading certification, will be dealt with under the disciplinary procedure .
2.9 Exceptionally, if your manager is concerned at the frequency of your absence, or your account of your reasons for absence and following advice from HR, you may be required to submit medical certificates, rather than selfcertificates, for every absence, from your first day of absence. In such cases the relevant service will meet the cost of any fee charged.
2.10 All managers will be expected to attend relevant training related to absence management.
2.11 All managers must ensure that the HR team is notified of any absence by forwarding the Self Certification/Return to Work meeting forms promptly.
2.12 Managers should also advise the HR team where they expect that an employee will be off for more than 28 days.
When you are absent from work due to sickness it is important that regular contact is maintained between your manager and yourself. Your manager needs to consider whether work should be reallocated or rescheduled to maintain service delivery. You should initiate contact but the responsibility for maintaining regular contact is shared between you and your manager. You must agree when and how contact will be maintained during your absence, which should ensure that any contact is not insensitive or intrusive. If you are
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absent for more than 4 weeks continuously, this will be classed as ‘long term absence’ (see section 7).
4. Monitoring sickness absence levels
4.1 All sickness absences will be recorded on the Council’s sickness absence system by the HR team.
4.2 The HR team will provide service managers with a monthly report detailing individual sickness absences within their service. The service manager can then disseminate this information to the relevant managers. Your manager is also required to monitor sickness absence levels within their team and take further action as necessary when trigger points (section 6.1) are reached and/or where there are concerns about absence levels.
5. Return to work
5.1 Upon your return to work following sickness absence your manager should arrange to meet privately with you, ideally during the first day back or at least within three of your working days. Depending on the circumstances, you might ask your manager if you can speak directly to an HR Officer/Advisor if you consider the issue to be sensitive. You may also request to discuss the matter with a manager in your service area or HR representative of the same gender if you would feel more comfortable; provided that there are good reasons for doing so.
5.2 The purpose of the Return to Work meeting will be to welcome you back to work, ensure that there is an accurate record of the absence and that the appropriate certification has been completed, to update you on work issues and explore the reasons for absence. Your manager should give you assurance of their concern for your welfare, balanced with any concerns they have about service delivery, if appropriate. Your manager should also provide you with information on the availability of support, where appropriate.
5.3 A record of the meeting should be made on the Self Certification/Return to
Work meeting form which is signed by you and your manager – this should then be passed without delay to the HR team.
5.4 In exceptional circumstances, for example, where you and your manager work on different sites, it is possible for a Return to Work meeting to be carried out via telephone. This is at the discretion of the manager. In such cases the HR team will accept faxed signed copies of the Self
Certification/Return to Work meeting form. This option is offered only on the basis that it may enable your manager to have a more timely discussion with you, however, if you would prefer to have a face to face meeting this should always be offered and you are under no obligation to agree to a telephone
Return to Work meeting.
19

Employee is off sick
Employee returns to work
Return to work meeting
Has the employee been off sick for 28 days of more?
No
This absence would be considered ‘short term’
Does the absence meet a trigger under section 6.2 of the policy?
Yes
This would be dealt with under section 6 of the policy and an SAR meeting arranged if necessary
Fig 1: Long or short term absence?
Yes
No
This absence would be considered ‘long term’ & section 7 of the policy would have already been applied
No further meeting required unless specified at return to work meeting
6. Dealing with frequent short-term absence
6.1 If your absence level meets one of the following trigger points, your manager will review your attendance levels with you: a. Three or more instances of sickness in any rolling 3 month period. b. Ten days or more sickness absence within any rolling 12 month period
(single incidents or continuous). Days which are not included in your work pattern are not included in the calculation of this trigger point. c. Any other recurring recognisable patterns, such as frequent absenteeism e.g. on a Friday or Monday.
6.2 In the case of the 10 days or more trigger (trigger ‘b’) there are a number of cases where discretion
10
may be used by an HR Officer/Advisor (following discussion with the manager) as to whether or not a meeting is necessary, although each case will be reviewed individually, these instances may include:
•
Emergency health situations which exceed 10 days i.e. hospitalisation
•
Where a pre-planned surgical operation takes place and appropriate risk assessments have been identified and arranged during the Return to Work meeting
•
Where a period of long term sickness has been managed under section 7 of this policy
10
Where discretion is applied by an HR Officer/Advisor this will be recorded for consistency and fairness and a note will be made on your personnel file.
20

If after the Return to Work meeting has taken place your manager believes that this may be an instance where discretion should be used for one of the reasons above, they will discuss the matter with an HR Officer/Advisor and inform you of the decision.
6.3 Discretion may also be used by an HR Officer/Advisor (following a discussion with the Manager) where sickness absence caused by a work related injury
(subject to the definition in section 11 below), which has been fully managed under the accident investigation procedures, has led to triggers ‘a’ or ‘b’ being met as listed above in section 6.1.
6.4 Whilst there is room to exercise discretion as above regarding trigger points, please note that should you feel you would benefit from a sickness absence review meeting in a case where discretion may have been used, you are always able to request one.
6.5 When a trigger is met, a sickness absence review (SAR) meeting will then be held with you to discuss your absence record, explore the reasons for absence, discuss whether any aspect of the job is affecting your health and whether any practical steps can be taken to improve this, identify areas for support or concern, undertake/review/update the risk assessment (if appropriate) and (where appropriate) set targets for improvement and clarify what further action may be taken if improvement targets are not met. At this stage managers should also be liaising with the HR team. If you wish, a trade union representative or work colleague may accompany you at this meeting, provided that this does not significantly delay the meeting taking place i.e. more than 5 working days. Please note any private discussions you wish to have with your representative should take place prior to the scheduled SAR meeting time.
6.6 Each SAR meeting will be conducted on a case by case basis, factors such as previous absence record, any previous SAR meeting content and whether or not the absence may be related to a disability, pregnancy or industrial injury will be considered.
6.7 When a trigger is met the HR team will run a report on your sickness absence. A copy of this report will be given to you and your manager prior to the SAR meeting. Employees will receive their copy at the point of invitation to
SAR meeting.
6.8 The following outcomes may be discussed and agreed:
•
That no further action is necessary at that stage
•
That you seek advice from your medical practitioner
•
Advice may be sought from the Council’s Occupational Health Advisors
(see section 7.6 for contents of the referral letter and section 15 for an explanation of the Occupational Health function)
•
Other support mechanisms may be identified and implemented e.g. counselling
•
Reasonable adjustments (if necessary) such as changes to workload, work practices or work pattern or the possibility of redeployment may be identified (subject to recommendations by the Council’s Occupational
Health Advisors and suitable alternative employment being available)
21

•
You may be required to submit a medical certificate for every instance of sickness absence. The relevant service will meet the cost
•
A further monitoring meeting may be arranged to review progress or a decision that the matter should be considered as a ‘health capability’ matter under Appendix 1 of this policy.
6.9 Your manager will provide you with a copy of the notes within 7 working days of the meeting, they will confirm the points discussed and actions agreed. A sealed copy of this document and any subsequent correspondence will be placed on your personnel file
11
.
6.10 This process will be followed each and every time a trigger is met, with the only exception being where discretion is used as outlined in 6.2 and 6.3.
6.11 If there is an insufficient improvement in your sickness absence record, or you are unable to carry out the duties of your role despite reasonable adjustments, a further monitoring or ‘health capability’ meeting may be arranged. This may be with your manager or in some cases may be escalated to a more senior manager. The ‘health capability’ procedure can be found in
Appendix 1. A trade union representative or colleague may accompany you at your request.
Fig   2:   Short   term   absence Employee   off   sick   for   less   than   28   days   =   SHORT   TERM   ABSENCE
Employee   returns   to   work
Employee   completes   part   A   of   self   cert   form   &   hands   to   manager
Has   the   employee   been   off   work   for   more   than   7   calendar   days?
No
RETURN   TO   WORK   MEETING  ‐  Part   B   of   form   completed
Does   the   absence   meet   a   trigger   under   section   6.2
of   the   policy?
Yes
SAR   meeting   to   be   arranged,   see   section   6   of   the   policy
Yes
No
Employee   must   also   provide   medical   certificates   from   day   8   of   absence   onwards
No   SAR   meeting   required   at   this   point
11
Personnel files are retained for the duration of employment and for a standard period of 6 years thereafter
22

Absence   meets   a   trigger   under   section   6.2
of   the   policy
Manager   liaises   with   HR
Unless   discretion   is   applied   (in   exceptional   circs)   the   employee   is   invited   to   SAR   meeting   and   provided   with   a   copy   of   their   relevant   sickness   absence   history
SAR   MEETING
Fig   3:   SAR   meetings
Notes   are   taken   during   the   meeting.
A   copy   of   these   notes   will   be   provided   to   the   employee   within   7   working   days   of   the   meeting
Employee   has   7   working   days   to   read   notes,   make   any   comments   before   signing   and   returning   to   the   manager
The   employee   receives   a   copy   of   the   notes,   and   the   original   is   stored   on   the   personnel   file   in   a   sealed   envelope
Any   actions   agreed   at   the   meeting   are   followed   up   in   due   course
7. Dealing with long-term absence
7.1 Absences over 28 consecutive days’ duration are considered ‘long-term’ for the purposes of this policy.
7.2 The Council considers it essential that employees who are long term sick are helped and encouraged to return to work when fit enough to do so. An employee shall know, in advance what steps are likely to be taken and when.
Timescales and approaches outlined in this policy may be subject to change to match the individual circumstances of particular cases.
7.3 After 28 consecutive days absence (see 7.1) unless there are particular circumstances that warrant a variation, your manager will ring you to arrange a meeting to discuss your ill health. The discussion will include:
• the purpose of the meeting
• an invitation for you to suggest the location of the meeting (this will be mutually agreed)
• the issues to be discussed
• those from the Council attending (your manager and HR Officer/Advisor)
23

• your right to be represented/accompanied by a trade union representative or colleague
7.4 The meeting will be attended and guided by a HR Officer/Advisor to ensure a fair, consistent and sensitive approach.
7.5 It may be appropriate to write to you following the meeting to confirm the points discussed or any actions agreed at the meeting.
7.6 In each case, a point may be reached where it is both in your and the
Council’s interest to refer the matter to the Council’s Occupational Health
Advisors. Referrals are undertaken through the HR Service, normally after you have completed a medical consent form. Timing of the referral will depend upon the nature of each case. The guiding principles are:
• the earlier the referral the more quickly we can get advice which may help you to recover your health and the Council to manage the ill health in the best possible way
• the timing of referrals depends on the nature of the condition
• the referral will be in writing and in confidence to the Council’s
Occupational Health Advisor. A copy of the letter will be made available to you
•
At that point, to ensure the best possible advice can be obtained, to benefit both you and the Council, you may be asked to give your consent for your case to be discussed between the Council’s Occupational Health
Advisor and your GP (and any consultants/specialists currently involved).
Whether or not this is necessary, is a decision that the Occupational
Health Advisor will solely make. The absence of your consent may lead to poorer quality decisions being made.
•
A referral will include: o A consent form signed by you o A copy of your job description (so that the Occupational Health
Advisor understands what you do at work) o Details of your absence o Specific questions on which the Council, as the employer, requires guidance
7.7 Appointments at Occupational Health are booked in advance and we will aim to find a time that is suitable for you. If there are circumstances that mean you are not able to attend the appointment time that you are given, you must rearrange the appointment immediately and inform the HR team of the new appointment. Appointments cancelled with less than 24 hours notice attract the full charge.
7.8 Throughout the process and beyond the point of referral, the meetings will continue between you, your representative (if required), your manager and the HR Officer/Advisor. The guiding principle is the greater the communication between you and the Council, the better the quality of the decision-making and the reduced likelihood of your feeling isolated.
7.9 The areas to be covered in the meetings will continue broadly in line with those previously mentioned. In latter stages the meetings may include:
24

• providing additional sources of information on any conditions, support networks etc (as appropriate)
12
• at the appropriate time referral to the Occupational Health Advisor
• alternative solutions to help you return to work
• financial information where absence is about to affect pay (including allowances, if appropriate).
7.10 Based on the advice given by the Occupational Health Advisor you may require:
• a phased return to work
• reasonable adjustments to the job
• temporary working from home with support (if appropriate/achievable)
• return to work on duties that are less than the full responsibilities of your normal job, on a temporary basis
The intention would be for you to assume the full range of duties and responsibilities within a reasonable and defined period of time. Certainly the
Council will need to adopt a positive approach to your return to work.
7.11 Following your return to work, meetings between you, your manager, the HR
Officer/Advisor and your representative (if appropriate) will continue until it is agreed that your medical condition has been satisfactorily resolved. The frequency and number of these meetings will depend on the circumstances of the case.
7.12 The normal period for a phased return will be four weeks, during which you will receive your normal contractual pay. However, by exception and usually up to a maximum of six weeks, the length of a phased return may be varied on medical advice from Occupational Health. Where a phased return extends beyond four weeks, pay for the additional weeks would be pro-rata to the actual number of hours worked. An extension to contractual pay for any period beyond the four weeks has always been subject to the approval of the
Organisational Development Manager
13
.
7.13 The Council will look for suitable alternative roles for employees where these become available in which case you will be offered a trial period in another job role/roles . 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 Manager of the trial position and an HR Officer/Advisor in weeks two, five
& eight. These review meetings are likely to cover the following areas: -
•
The perception of both parties as to how the trial is going
•
Job performance and progress against targets/the job description
•
Training needs or support required
The reviews and trial period will inform 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.
12
There is a list of useful websites/sources of support on the intranet at http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry1372.aspx
13
The reason for extension will be recorded for consistency and fairness and a note made on your personnel file
25

7.14 It is possible you may need to be informed both verbally and in writing that long-term absence due to ill health may put your employment at risk. Also the discussion may need to cover retirement on the grounds of ill health, or termination of employment due to incapacity because of ill health.
7.15 At some point during your sickness absence and usually before the end of your Occupational Sick Pay entitlement, the Organisational Development
Manager will decide if investigations should take place into whether an illhealth retirement may be appropriate. The appropriate timing of this decision will depend on the circumstances of the case.
7.16 It is the Council’s general practice to seek a further medical opinion from an appropriate Advisor (who has had no involvement in the individual case) in addition to that of the Council’s Occupational Health Advisor, before any decision is made on granting an ill-health retirement. Additional information on
Ill Health Retirement for Local Government Pension Scheme (LGPS) members can be found below in section 10 below.
7.17 The Council will where possible make adjustments and decisions regarding your employment with the intention of enabling you to continue employment with the Council; however, eventually it may be necessary to reach the decision to end your employment due to your incapacity to undertake or carry out your job because of ill-health. If such a decision is being considered a
‘Health Capability Hearing’ will be held as described in the ‘Health Capability
Procedure’ – see Appendix 1.
7.18 Some exceptions to this are:
• where there is a clear recommendation from the Occupational Health
Advisor that you will definitely be able to return to work within a reasonable and determined time scale
• where you are successful in an appeal against your retirement or termination (see Health Capability Procedure in Appendix 1).
Additional information:-
Where a former employee has had their employment terminated due to incapacity to undertake the duties of their contract and a job vacancy is advertised which is within their current medical capacity, and they also meet the person specification, if they apply, they should be offered an interview.
Employees need to be informed of this in their termination letter.
Appointment will be subject to clearance from the Occupational Health Advisor.
Additional information: (for Local Government Pension Scheme members)
If a former employee has had their employment terminated due to incapacity to undertake the duties of their contract because of ill-health and is subsequently retired on the grounds of ill-health by the Council’s Occupational
Health Advisor they will be entitled to receive their pension benefits (in accordance with the relevant tier) with immediate effect subject to the rules of the Local Government Pension Scheme. Employees need to be informed of this in their termination letter.
For example, if you leave the Council because you are physically unable to do your job through ill health but you do not fulfil the requirements for any tier
26

of ill-health retirement within the Local Government Pension Scheme at that point but at a later date your condition worsens, you can apply to the Council to be referred to Occupational Health who could certify that you now meet the requirements for an ill-health retirement and you would then receive your pension benefits in accordance with the relevant tier.
8 Ill health which does not lead to absence from work
8.1 There may be occasions where you feel you may be suffering from ill health but this does not lead to you being absent from work. If you believe that your ill health is having an impact on your ability to undertake your job you should raise this with your manager or an HR Officer/Advisor.
8.2 Your manager or an HR Officer/Advisor should discuss the matter confidentially with you, carry out or review the workplace risk assessment and discuss whether any additional support can be provided to you to support you at work. Depending on the circumstances, it may be helpful to seek advice and guidance from the Council’s Occupational Health Advisor – this can be done through an HR Officer/Advisor.
8.3 Ongoing health issues which have a substantial impact on job performance and/or an employee’s wellbeing may need to be considered under the ‘Health
Capability Procedure’ in Appendix 1, see section 9 below.
9.1 The aim in all cases of ill health and/or sickness absence is to improve your ability to perform your duties and/or attendance to a satisfactory level which is not disruptive to service delivery and/or other colleagues. Support, including
‘reasonable adjustments’, will be considered as part of this aim. However, it is recognised that where these measures/options have been unsuccessful it will be necessary to consider the future of your employment with the Council, due to ‘health capability’.
9.2 For the purposes of this section, ‘health capability’ is used in the context of genuine health illnesses and can include any assessment by reference to health or other physical or mental quality. Consequently, should your ill-health mean you are unable to undertake your duties satisfactorily, your employment can be ended.
Examples of where this may be necessary include where, despite consideration of support and adjustments, there is:
•
Short term, intermittent or persistent periods of absence relating to ill health
•
Long term absence relating to ill health, where there may be no likelihood or no imminent likelihood of a return to work
•
Satisfactory attendance, but for health reasons you are unable to perform the whole of your contractual duties satisfactorily.
9.3 Health capability is not treated as a disciplinary issue, and will be dealt with under the procedure specified in Appendix 1, rather than the Council’s
Disciplinary Procedure. However, where there have been frequent short term absences, which are not related to health capability and there is found to be no acceptable reason for these absences (after investigating the circumstances), the issue will be dealt with as a disciplinary matter under the
Council’s Disciplinary Procedure.
27

9.4 When considering health capability it is important to consider relevant legislation e.g. the Equality Act 2010. This can include making reasonable adjustments in accordance with the Equality Act 2010 to accommodate a disabled employee where they are at a substantial disadvantage in comparison with persons who are not disabled. More information on sickness absence relating to disability can be found in section 14 below and there is guidance for managers on the Equality Act and disability available on the intranet and from HR.
10 Ill health retirement (Local Government Pension Scheme members)
In order for this option to be considered certain criteria must apply. You must be a member of the Local Government Pension Scheme, have been medically certified as being ‘permanently incapable of discharging effectively the duties of his or her current employer’ and have a reduced likelihood of obtaining gainful employment before the age of 65. Since April 2008 there have been three ‘tiers’ of ill health retirement, which, if any, tier the member would fit into depends on the likelihood of them being able to obtain other
‘gainful employment’. The most up to date information on the pension scheme is available online at www.norfolkpensionfund.org
.
11 Accidents and industrial injury
11.1 If you have an accident at work, you should record this on the Self
Certification Form and complete the Council’s Accident Report form as soon as possible but in any case within five days. This can be completed online and can be located on the Intranet/Staff/Health &Safety/Accident Reporting.
11.2 You should also ensure that you comply with the requirements of RIDDOR
Regulations 1995 under section 1.4 of this policy.
11.3 For the purposes of this policy, industrial injury/accident is defined as:
‘occurring out of and in the course of employment with the Council, but not attributable to an employee’s own misconduct’.
11.4 Please note if you have an accident outside of work and are claiming damages from a third party in respect of that accident you should also claim for loss of earnings. Whilst you will receive sick pay in line with your normal entitlements, any money you receive from the claim for loss of earnings should be repaid in full to the Council.
12 Medical appointments
12.1 Medical appointments cover visits to a doctor, dentist or optician. In normal circumstances you should make medical appointments in your own time, preferably outside working hours and flexible working arrangements are in place to facilitate this. If this is not possible, you will be expected to make up the time at a later date or to take the time you were absent from work as unpaid/annual leave. Annual leave can be only taken as half or full days.
12.2 If you require a private space to contact your GP during working hours please speak to your manager.
12.3 Managers should, in consultation with HR, authorise paid time off (this will be subject to regular review to ensure continuing eligibility) when specialist, hospital or prolonged treatment is required and for appointments made as a result of a specific recommendation at an SAR meeting, for cancer screening,
28

with Occupational Health or in connection with injuries/sickness that meet the definition in 11.3 or have been specified as work related on a medical certificate. This will be subject to regular review. In such cases the manager should seek advice from the HR team in the first instance to ensure consistency.
12.4 If you have a disability or other ongoing medical condition which you anticipate will result in regular or a large number of medical appointments required within a defined time period, please speak to your manager or a member of the HR team as far in advance as possible regarding how we may be able to assist in supporting your attendance at work during this time.
Advice may be sought from Occupational Health on a case by case basis.
12.5 There are specific regulations covering antenatal appointments, please refer to the Maternity Scheme or speak to a member of HR for details.
13 Sickness absence related to pregnancy
If sickness absence is pregnancy related, you should inform your manager as well as recording this on your Self Certification/Return to Work meeting form.
Any sickness absence up until the 4 th
week before your EWC (expected week of confinement) will be recorded as sickness absence under the normal procedures. In some circumstances, illness caused by pregnancy in or after the 4 th
week before EWC may trigger the start of maternity leave from the following day.
14 Sickness absence related to disability
14.1 If sickness absence is disability related, you should inform your manager as well as recording this on your Self Certification/Return to Work meeting form.
Your manager should then discuss with you whether there are any reasonable adjustments which might help. employees and these reasonable adjustments can help, see section 9.4.
Reasonable adjustments in the context of this policy and procedure may assist an earlier return to work, limit future absence and support the employee at work and to maintain an appropriate level of attendance.
14.3 What adjustments are reasonable, appropriate and achievable will vary according to the circumstances of each case. Managers should seek advice from HR and where appropriate, specialist advice may be sought via
Occupational Health.
14.4 Whilst the Council will endeavour to make reasonable adjustments where appropriate and achievable, employees should note that having a disability or any genuine reason for absence does not prevent termination of employment, where interventions, adjustments and options under this policy and procedure have been exhausted.
15 Occupational Health referral – general notes
The role of the Council’s Occupational Health Advisor is to provide advice and guidance to the Council and its employees on the impact that an employee’s ill health will have on their ability to undertake their duties. It is the responsibility of the Occupational Health Advisor to consider what appropriate measures can be put in place to support the employee. The following points should be noted:
29

•
Council at any time, to submit to a medical examination by a medical practitioner nominated by the Council.
15
•
All referrals to the Occupational Health Advisor are to be made by an HR
•
Employees are required by the ‘Green Book’
14
, when required by the
Officer/Advisor in writing
Referrals to Occupational Health will be made on a case by case basis, but it is likely that a referral will always be made in cases of stress or anxiety, as early referrals are shown to be of benefit.
•
In relation to the Council’s request for Occupational Health to seek a report from the employee’s medical practitioner, the employee must be made aware of any applicable rights under the Access to Medical Reports
Act. They must also be provided with a copy of the form.
•
Where the employee does not give their consent to the Occupational
Health Advisor seeking a report from their doctor and/or the employee refuses to meet with the Occupational Health Advisor, the implications of this will be discussed with the employee and confirmed in writing depending on the circumstances.
Further information on Occupational Health services is available on the intranet
16
.
16 Employees’ right of representation
Employees are entitled under this policy to be represented by a trade union representative or colleague for support and advice during sickness absence review meetings and throughout the health capability procedure, if they should so wish.
For help and advice on this policy, please contact the HR team
℡ 01263 516051 / 516352 / 516024/ 516030
14
The ‘Green Book’ is the colloquial name for the ‘National agreement on pay and conditions of service for Local Government Services’
15
16
See part 3, section 4.2 of the ‘Green Book’
See http://intranet.northnorfolk.org/cs/files/folders/human_resources/entry1562.aspx
30

OVERVIEW – absence management
START   HERE
Employee   is   unwell   &   notifies   their   manager   by   telephone   before   9:30am.
If   their   manager   is   unavailable   a   message   is   left   with   another   manager.
Employee   returns   to   work   as   normal   on   their   next   working   day.
On   return   to   work,   employee   completes   Part   A   of
Self   Certificate   Form   &   forwards   to   the   manager
Manager   takes   any   necessary
YES
Ideally   on   the   first   day   back,   or   usually   within   3   of   their   working   days,   a   return   to   work   meeting   is   held   with   the   manager   &   Part   B   of   the   form   is   completed
Is   employee   fit   to   return   the   next   day?
NO
Any   actions   are   identified   at   the   return   to   work   meeting   are   followed   up   by   the   manager.
Employee their
Employee invited sickness
to
is   given meeting record   is
&
a a
copy copy provided
of of
the   form   & is   sent   to   HR   for   processing
the   original
YES
Does   the   absence   meet   a   trigger?
NO
Manager   &   HR   Officer/Advisor   arrange   SAR
No   further   action   required   at   this   point
HR   and   Manager   first   have   an   initial   meeting
&   the   SAR   is   then   held
action   to   cancel absence
meetings/ and   any urgent
work   appointments that attention.
may
need etc
Employee   telephones   the   manager   again   to   advise   of   the   anticipated   length   of
Manager   and   employee   remain   in   contact   throughout   absence.
NB   any   absence   over
7   calendar   days   will   require   medical
NO certificates   to   be   submitted.
Is   the   absence   28   days   or   more ?
YES
Sickness   absences   of   28   days   or   more   are   considered   ‘long   term’   &   the   procedures   in   section   7   of   the   Attendance   Policy   will   be   followed.
Notes   are   taken   at   the   meeting   &   employee   provided   with   a   copy   within   7   working   days
Employee   reads   notes,   makes   any   comments,   signs   them   &   returns   to   manager   within   7   working   days
Notes   signed   by   manager   &   employee are   returned   to   HR   &   placed   on   the   personnel   file   in   a   sealed   envelope
Any   actions   agreed   at   the   meeting   are   followed   up   in   due   course.

This procedure has five main stages where the full procedure is used –
Stage 1) Initial meetings regarding the health issue under the Attendance Policy
Stage 2) Health Capability meeting
Stage 3) Health Capability Review meetings
Stage 4) Health Capability hearing
Stage 5) Right of appeal
The aim of this procedure is to assist employees who have health-related issues in achieving sustained improvements in attendance and/or work performance. Where this is not possible alternative options will be considered as appropriate. It is important to note that where there is no other reasonable alternative; one of these options may include dismissal.
At all stages of this procedure employees can be accompanied by a colleague or trade union representative, if they so wish.
Stage 1) Initial meetings under the Attendance Policy
These meetings are held where an employee has –
•
Short term, intermittent or persistent periods of absence relating to ill health
(section 6)
•
Long term absence
17
relating to ill health, including where there may be no likelihood or imminent likelihood of a return to work (section 7)
•
Satisfactory attendance, but for health reasons is unable to perform the whole of their contractual duties satisfactorily (section 8)
- and will have already taken place under section 6, 7 or 8 of the policy respectively.
Where it is decided at initial meetings relating to the health issues above that the matter requires further consideration, escalation, or is not improving despite support, a Health Capability meeting will be arranged. When this is appropriate will depend on the circumstances of the case, and should only be initiated by the manager following a discussion with an HR Officer/Advisor.
Nb. Where the Council has received firm advice from Occupational Health that it is not in the health interests of the employee to continue working, or in the case of sickness absence, a return to work is unlikely, the case may then progress straight to a Health Capability hearing (see Stage 4 below).
Stage 2) Health Capability meeting
This meeting will be held with a different, and where possible, more senior member of management, as well as an HR Officer/Advisor. Employees will receive notice of the meeting and any documents to be considered no less than five working days before the meeting date.
The content of the health capability meeting will depend on their individual circumstances, but it is likely that the following areas will be covered: -
•
Expression of concern about the ill health and/or absenteeism
•
Recap on previous meetings e.g. what the health issue is, what actions have been agreed, what support has already been offered and what the current situation is
17
See section 7.1 of the Attendance Policy and Procedure

•
Discussion as to whether there is any further support or assistance that the employee feels they may require or that the Manager or HR Officer/Advisor can suggest/offer
•
Discussion as to whether there is anything the employee themselves can do to improve their health
•
Review of current situation – e.g. absence levels, areas of work affected by health issue etc
•
Targets are set for action/improvement and review dates agreed (there will usually be three reviews over a period of three months) – see stage 3 below
•
The employee should be aware that support will be offered where possible and as appropriate, but that the Council cannot sustain high levels of absence or keep an employee in a position that is not suitable for their health requirements
•
If a referral to Occupational Health has not already been made, it is likely to be arranged at this point. You are asked to note the provisions of section 4.2
(part 3) of the Green Book and that if you refuse to consent to or attend an appointment with Occupational Health, then you are advised that any decision made regarding your employment will be made based on the information available.
•
Explanation of the impact that the ill health and/or absenteeism has on the employees’ work and/or other colleagues and that this cannot be sustained
On all occasions, employees are advised that if it is not possible to improve their attendance/ performance due to reasons of ill health, then their employment may be at risk.
The employee will receive a letter confirming the outcome of the meeting within five working days.
Support/Assistance
Examples of assistance and support may include:
•
Occupational Health referral
•
Provision of specialist equipment, where reasonable
•
Referral to the Employee Assistance Programme
•
Temporary adjustments to workload, work tasks, or working time
•
Consideration of flexible working options
•
Redeployment (if a suitable alternative is available and approved by OH)
•
UNISON welfare service, for employees who are members of the union
18
Stage 3) Health Capability Review meetings
3a) 1 st
and 2 nd
review meetings
In both cases the purpose of the meeting will be to review the status of the ill health since the last meeting, in terms of either attendance or performance.
The following will be covered:
•
Progress since last meeting and review against any improvement targets set
•
Any further support to be offered/actions to take
•
Agreement of review period (first meeting only) and next review date
The purpose of the review period is to ensure that appropriate support has been offered and allow the employee time to improve. The employee will be advised that if it is not possible to improve their attendance/ performance due to reason of ill health then their employment may be at risk.
18 www.unison.org.uk/welfare
33

In each case, a letter confirming the outcome of the meeting will be sent to the employee within five working days.
3b) Final review meeting
At this point, progress over the entire period of review will be assessed and the next step/s agreed; these may include:
•
Extension of review period (for example, in the case where some progress has been made, but is not yet satisfactory)
•
An agreement that no further review meetings are required at this stage as satisfactory improvements have been made. (However, the employee will be advised that this level should be sustained and that if this is not the case within the next 12 months, that they will re-enter the health capability procedure at the Stage 3b.)
•
Seeking to resolve the matter under a different procedure if health is not thought to be the underlying cause for the unsatisfactory attendance/performance
•
Issue of a first formal warning in which the employee will also be advised that should an improvement not be achieved they will progress to Stage 4
•
Progression to a Health Capability hearing in which case you will be informed of the hearing as detailed below and informed that result of the hearing may lead to you being dismissed on capability grounds.
A letter confirming the outcome of the meeting will be sent to the employee within five working days.
Stage 4) Health Capability hearing
The employee will be informed of the date, time and place of the Health Capability hearing and their right to be accompanied by a colleague or trade union representative, in writing. The meeting will be held by a Hearing Officer who will be a
Chief Officer
19
. The employee should take all reasonable steps to attend the hearing, but if there is a reason why this date is not suitable, the employee should advise
Human Resources of this. The Health Capability hearing will be re-arranged and this should normally be within five working days of the original date.
If the employee chooses not to attend the meeting or is unable to attend for health reasons, then the available evidence will be reviewed by the Hearing Officer hearing the case in order to make a decision.
Prior to the hearing the employee will receive details of the information to be discussed (e.g. Occupational Health reports, details of previous meetings, certificates, sickness figures). These will be received as soon as possible, but not less than five working days before the hearing.
The Hearing process will be as follows:
•
The Hearing Officer will introduce all present
•
The Manager involved in the previous stage will summarise the case to date include what actions/interventions have already been taken and may call witnesses
•
The employee will then have a chance to present their case and may call witnesses
19
Chief Officer shall mean the Strategic Director or Chief Executive or any other person authorised by the Chief Officer to act in his/her name for the purposes of this procedure.
34

•
The Hearing Officer may ask questions of the Manager and the employee, and witnesses, if appropriate
•
The employee and the Manager will both be given the opportunity to reexamine any of the evidence given (including witnesses) and to make a final statement before the meeting is closed. The Hearing Officer, advised by a HR
Officer/Advisor, will then consider the information provided by Human
Resources, the Manager and Occupational Health regarding the employee’s health, their work, the support offered and operational implications as well as information presented by the employee’s responses/evidence.
•
If it is necessary to recall either party or any witnesses to the hearing for clarification purposes both parties will be recalled.
Nb: Witnesses called to the Health Capability hearing should only be internal witnesses (if appropriate). Where evidence is requested/ required from external parties, only a written submission will be accepted. Any costs associated with external witnesses submissions requested by the employee, will be met by the employee.
During the Health Capability hearing, either party may request an adjournment at any stage. Your colleague/representative can give the employee advice and support throughout the hearing, and whilst they may address the hearing, they may not answer questions on the employee’s behalf.
Outcomes of the hearing could include: -
•
No further action, where the Manager hearing the case believes sufficient improvement to attendance / satisfactory performance has been achieved
(although the employee will be advised that if this is not sustained, they will re-enter the process at Stage 4)
•
A recommendation for further advice to be sought or a further review period
•
Consideration of redeployment (if this has not already been attempted)
•
Consideration of the case under a different procedure e.g. disciplinary
•
Issue of a final formal warning with a set period for improvement, advising that failure to improve could lead to dismissal
•
Dismissal of employee by reason of health capability
The Hearing Officer hearing the case will inform the employee of the outcome as soon as possible but in any case the employee will receive confirmation in writing within 10 working days. In the case of a warning being issued or dismissal, this letter will also include the right of appeal.
In the case of a dismissal for pension scheme members, an ill health retirement may be considered also, where appropriate. Please see section 10 of the Attendance
Policy and Procedure.
Where a final formal warning is issued, the employee will also be advised that should a sustained improvement not be achieved they will re-enter the procedure at Stage 4.
Stage 5) Right of Appeal
Where a decision has been made to issue a formal warning or to terminate employment because of ill health, the employee has the right of appeal. The employee should write to the Organisational Development Manager, providing a statement of their grounds of appeal and details of any additional witnesses they would like to call or submissions they wish to make, within 10 working days of the date of the warning or dismissal letter.
35

The employee should take all reasonable steps to attend the hearing, but if there is a reason why this date is not suitable, they should advise Human Resources of this.
The hearing will be re-arranged and this should normally be within 10 working days of the original date.
The Appeal Hearing will be heard by an Appeal Hearing Officer
20
who will have had no direct previous involvement in the case.
Parties to the appeal will be informed of the hearing date within five working days of the employees’ notification of appeal. The employee will be informed in writing of the date, time and place of the Appeal Hearing and their right to be accompanied.
Case papers, incorporating the statements will be sent to the parties and the Appeal
Hearing Officer no later than seven working days before the hearing date.
The Appeal Hearing process will be as follows: -
•
The Appeal Hearing Officer will introduce all present.
•
The employee may make an opening statement and may call witnesses. New relevant evidence will be admissible provided that it was not possible for it to be heard at the original Health Capability Hearing. The Hearing Officer will then have an opportunity to ask questions of the employee and any witness called after each witness has given evidence. The Appeal Hearing Officer may also ask questions of the employee or witnesses.
•
The Hearing Officer may also make an opening statement and may also call witnesses. Similarly new, relevant, evidence will be admissible provided that it was not possible for it to be considered at the original ‘Health Capability
Hearing’. The employee will have the opportunity to ask questions of the
Hearing Officer and any witnesses called, after each witness has given evidence. The Appeal Hearing Officer may also ask questions of the Hearing
Officer or witnesses.
•
Both parties will be given the opportunity to re-examine any evidence before proceeding to final statements. The Hearing Officer and lastly the employee will be given an opportunity to make final statements if they so wish.
•
During the hearing either party may request an adjournment at any stage.
•
All parties to the hearing will withdraw whilst the Appeal Hearing Officer, advised by the Organisational Development Manager, considers the case. If it is necessary to recall either party or any witnesses to the hearing for clarification purposes both parties will be recalled.
The Appeal Hearing Officer will, if possible, give their decision to the parties immediately after the hearing but, in any case, such decision will be confirmed in writing, and normally within five working days of the hearing. The decision reached by the Appeal Hearing Officer will be final.
Notes on warnings
•
Warnings issued under this procedure will be disregarded after a period of 12 months, if there has been a sustained and satisfactory improvement during this time.
•
Where there is a sustained and satisfactory improvement for the duration of the warning but it lapses soon after, this will be taken into account in any subsequent decision making under this procedure.
20
This will be a Chief Officer (as defined above) who was not involved at the Health
Capability meeting
36

OVERVIEW   –   Health   Capability   Procedure
STAGE   1   –   INITIAL   MEETINGS   HELD
UNDER   ATTENDANCE   POLICY
START   HERE
No   further   action   if   satisfactory   improvement   found   but   if   not   sustained   employee   may   re ‐ enter   the   procedure   at
STAGE   4
Issue   FINAL   WRITTEN
WARNING   &   advise   unsatisfactory   improvement   =   employee   re ‐ enters   at   STAGE   4   and   could   be dismissed
Deal   with   the   issue   under   a   different   procedure   if   not   thought   to   be   health   related
STAGE   4   –   HEALTH   CAPABILITY
HEARING   (Held   by   Chief   Officer*)   the   employee   is   informed   of   the   outcome   in   writing   within   10   working   days
Dismissal health
due   to capability
Appeal   lodged?
YES NO
YES
No   further   action   at   this   stage
NO
Attendance/   health   issue
resolved?
STAGE   2   –   HEALTH   CAPABILITY   MEETING   (Held   by   different   manager   to   that   at   STAGE   1 )
Targets   for   action/review   are   set   and   employee   receives   letter   confirming   these   within   5   working   days
NB   In   serious   cases   and   on   the   advice   of   Occupational
Health,   the   case   may   be   escalated   straight   to   STAGE   4
NO
Satisfactory
Improvement?
YES
Issue   a   FIRST   WRITTEN
WARNING   and   advise   if   unsatisfactory   improvement   will   progress   to   STAGE   4
No   further   action,   but   if   improvement   not   sustained   employee   may   re ‐ enter   the   procedure   at   STAGE   3
STAGE   3   –   HEALTH   CAPABILITY   REVIEW   MEETINGS
(Ideally   held   by   same   manager   as   at   STAGE   2 )
Review   meeting   1   –   progress   against   targets/actions   set   in   health   capability   meeting   is   reviewed.
A   letter   confirming   the   content   of   the   meeting   and   the   next   review   date   is   sent   to   the   employee   within   5   working   days
Review   meeting   2   –   progress   against   targets/actions   set   in   health   capability   meeting   is   reviewed.
A   letter   confirming   the   content   of   the   meeting   and   the   next   review   date   is   sent   to   the   employee   within   5   working   days
Review   meeting   3   –   progress   against   targets/actions   set   in   health   capability   meeting   throughout   the   review   period   is   considered   and   a   decision   made   about   the   next   step.
A   letter   confirming   the   content   of   the   meeting   and   the   next   step/s   to   be   taken   is   sent   to   the   employee   within   5   working   days
NO
Has   the   issue   been   resolved?
YES
YES
NO
Is   the   underlying   cause   of   issue   still   thought   to   be   health   related?
No   further   action,   but   if   improvement   not   sustained   employee   may   re ‐ enter   the   procedure   at   STAGE   3
STAGE   5   –   APPEAL
(Held   by   different   Chief
Officer*)   outcome   confirmed   to   employee   in   writing   within   10   working   days
Appeal   successful?
NO
YES END   OF PROCEDURE
Deal   with   the   issue   under   a   more   appropriate   procedure   e.g.
disciplinary   or   capability
*See   definition   of   Chief   Officer   on   Page   34