Sickness absence policy Introduction 1 Notification of sickness absence 2 Staff and managers’ responsibilities 3 Return to work meetings 4 Absence management policy 1 2 3 4 4 Introduction As an employer, we are responsible for ensuring the health, safety and well being of our staff. We believe that employees who are unwell must be treated with consideration, consistency and respect, with every effort made to assist their recovery and safeguard their employment wherever possible. This policy aims to ensure that Arts Council England’s response to sickness absence is regarded as fair and consistent by employees, striking a balance between the needs of the individual employee and the needs of the organisation to deliver a service. This can only be achieved with the support and involvement of staff, managers and the trade unions. Time off for medical appointments You should make every effort to arrange routine medical appointments (doctor or dentist) outside of core working hours, ie either at the beginning or end of the day, to minimise disruption to your work. Where this is not possible or, in the case of emergency or hospital appointments over which you have no control, you may on the production of an appointment card (or other correspondence) take up to two days’ paid leave per year to attend medical appointments. However, if you need to attend further appointments these must be taken as sick leave. Employees receiving ongoing medical treatment should seek advice from human resources. Managing sickness absence As an employee it is important for you to follow the sickness absence policy when reporting sickness, so we can monitor the overall health and welfare of employees, and provide support and assistance for employees in need. 1 1 Notification of sickness absence It is important for employees who are absent from work to maintain contact with their office and colleagues during their absence. Staff who are absent from work because of sickness must follow the procedure outlined below. First day of absence You should notify your workplace of your absence as soon as possible, but no later than 10am on the first day of sickness. In all but exceptional circumstances (eg hospitalisation), you must report your absence personally to your line manager, or to a human resources representative if your line manager is not available. If neither your line manager nor a human resources representative is available, it may be appropriate to leave a message with a colleague but no later than 10am. You should give details of when you became unfit to work, the reason for sickness and when you are likely to return to work. Two to seven calendar days of absence If you are still unwell, you must inform your line manager or human resources representative of your continuing absence so that a self-certification form can be prepared for payroll and statutory sick pay purposes. You should also indicate your likely date of return to work. If you are absent from work for less than seven consecutive days (including Saturdays and Sundays, and any days that you would not normally work), you must complete a self-certification form. Eight calendar day of absence If you are sick for more than seven consecutive days (including Saturdays and Sundays and any days you would not normally work), you should notify your line manager and obtain a medical certificate from your doctor, which must be sent to your line manager as soon as possible. Continuing sickness If your sickness continues beyond the date given on the doctor’s medical certificate, you must obtain further medical certificates as often as required and send them to your line manager. If your medical certificate exceeds 14 consecutive days, or you have had to obtain more than one medical certificate during your period of sickness absence, you may be required to submit a final medical certificate confirming that you are fit to resume work, before you return. 2 If an employee does not follow the notification procedures above their absence will be deemed to be unauthorised unless there are extenuating circumstances. Arts Council England reserves the right to suspend pay during unauthorised absence whilst the absence is investigated under the disciplinary procedure. Return to work On return to work the employee must fully complete the self-certification form section of the HR system, regardless of the length of absence. On receiving this form, the line manager should conduct the return to work interview (see below). 2 Managers’ responsibilities It is part of a manager’s role to encourage staff performance and assist employees in resolving any difficulties with attendance. Manager’s responsibilities upon sickness notification When a member of staff notifies their line manager of their absence, the manager should follow these steps. First day You should record the date of sickness absence, the nature of sickness, the estimated duration, and the member of staff’s address and telephone number (if you do not already have it). In addition the line manager may need to note any work commitments that need to be rearranged and ask the employee to keep in touch and update them in accordance with the notification of sickness absence (see above). Eighth day If the employee has not returned to work by the eighth day, the line manager will need to obtain from the employee the dates covered by the medical certificate, the nature of the illness and whether the employee needs any help or support that can be provided by Arts Council England as their employer. They should also confirm that the employee’s medical certificate has been sent directly to the employee’s manager, and check whether any further work commitments need to be rearranged. 3 When the medical certificate arrives, the line manager should take a note of the details and pass the certificate to the HR Service Centre. 3 Return to work meetings Following any period of sickness absence the line manager should meet the employee to discuss the sickness absence on their first day back or as soon as possible after that. This informal meeting should be conducted sympathetically by the line manager and the employee should be welcomed back. It should be made clear to the employee that the reason for the discussion arises from concern about the employee’s health, and the impact that absence may have on the employee’s work. In cases of short periods of absence, the meeting may only take a few minutes, but it is nevertheless important. The return to work meeting is likely to be a lengthier discussion for absences of three days or more. A self-certification form should be completed for all periods of absence. Part 2 of this form should be completed by the employee upon return to work and passed to the line manager. The form is then passed to the HR Service Centre for the employee’s personal file. The outcome of this meeting should be recorded in the record of return to work interview section on the HR system. 4 Absence management policy We are committed to ensuring that absence is monitored consistently across the organisation. Employees must be reminded that regular attendance forms part of their contract of employment, and a that a high incidence of absence may negatively impact on their ability to perform their duties effectively. Recurrent sickness absence can be divided into three categories, any of which may adversely affect an individual’s capability of adequately performing their duties: 4 i short-term intermittent sickness absence where an employee is frequently absent as a result of unconnected minor ailments regardless of whether the absences may be covered by medical certificates. ii intermittent sickness absence as a result of an underlying medical condition. iii a protracted period of absence (ie one month or more) due to ill health or other incapacity i Short term intermittent sickness absence Where an employee’s level of absence is causing concern, absence trigger points will identify the appropriate time for an employee to be approached about their absence by their line manager. It is important for line managers to ensure that all absences are recorded, and to seek advice from human resources prior to embarking on this process. Arts Council England’s trigger points are: two or more separate periods of absence in any three-month period where this absence totals six days or more 10 or more days absence in any six-month period where this absence has occurred on two or more occasions Where patterns or trends of absence are forming (e.g. Mondays/Fridays) When one of these trigger points has been reached the absence management capability procedure will be evoked in cases where there is no underlying medical problem. Line managers should check with their local HR representative if they believe there are circumstances that should prevent the absence management capability procedure being used. Absence management capability procedure Stage 1 – formal capability meeting Where an employee has reached an absence trigger point, their line manager will invite them by letter to attend a formal meeting to discuss their attendance at a specified time and date. The letter will detail the employee’s absence and remind the employee that they can choose to be accompanied to the hearing by a union representative or work colleague The employee will be given at least three working days’ notice of the formal capability meeting and will be asked to submit any relevant paperwork to be 5 read at the meeting at least three days in advance of the hearing. Where an employee or their representative is unable to attend, the employee can request that the hearing is re-scheduled for a later date, although this will be within a reasonable timeframe The aim of the formal capability meeting will be to: a identify the causes of the absence and the employee’s ability to perform their duties satisfactorily, discuss the likelihood of future absence and determine what support can be offered to the employee to assist them in reducing their rate of absence. This may include the employee being requested to a visit a registered occupational health service selected by the Arts Council for a medical assessment b obtain the employee’s commitment to reaching an effective level of performance c set a period of time (usually three months) for the employee to reach an effective level of attendance. The employee will be informed that during the review period they will be unable to claim paid leave to move house or deal with any domestic emergencies. Employees will, however, be able to continue to claim paid compassionate, religious or carers leave with the provision of supporting evidence, eg death certificate d issue the employee with a formal verbal warning, and warn the employee that their employment may be at risk if their attendance does not improve Details of the meeting will be recorded and provided to the employee within seven days of the meeting, and placed on the employee’s personal file At the end of the review period the employee will be informed if their attendance is satisfactory. Where attendance has improved to a satisfactory level the formal warning will be disregarded and the record removed from the employee’s personal file after a 12 month period. If an employee’s attendance does not improve they will enter the second phase of the capability policy. Continued poor attendance will be demonstrated by the employee absenting themselves from work due to illness for two or more separate periods of absence during the three-month review period where this absence totals four days or more Stage 2 – second formal capability meeting Where an employee fails to demonstrate that their attendance is improving, their line manager will invite them by letter to attend a formal meeting to 6 discuss their attendance at a specified time and date. The letter will detail the employee’s absence and remind the employee that they can choose to be accompanied to the hearing by a union representative or work colleague The employee will be given at least three working days’ notice of the formal capability meeting and will be asked to submit any relevant paperwork to be read at the meeting at least three days in advance of the hearing. Where an employee or their representative is unable to attend, the employee can request that the hearing is re-scheduled for a later date, although this will be within a reasonable timeframe The employee will be informed that their attendance remains unsatisfactory. The meeting will aim to: a identify the causes of the poor attendance and determine what further actions can be taken b obtain the employee’s commitment to reaching an effective level of attendance c set a period of time (usually one month) for the employee to reach an effective standard, and agree a monitoring system. The employee will be informed that during the review period they will be unable to claim paid leave to move house or deal with any domestic emergencies. Employees will, however, be able to continue to claim paid compassionate, religious or carers leave with the provision of supporting evidence, eg death certificate d issue the employee with a formal written warning, and warn the employee in writing that if their attendance does not improve their contract of employment may be terminated. Details of the meeting will be recorded and provided to the employee within seven days of the meeting, and placed on the employee’s personal file Stage 3 - Final capability meeting At the end of the final review period a final meeting will be held with the employee, their line manager and human resources. The employee can choose to be accompanied to the interview by a union representative or work colleague If the employee has demonstrated that their attendance has improved, the manager must formally tell the employee that their attendance has reached the necessary standard and, should their attendance be sustained, no further 7 action will be taken. Where an employee’s absence returns to an unacceptable level, within 12 months of the final capability meeting, Arts Council England reserves the right to evoke the capability procedure at Stage 2 or, in more serious cases, at final stage. If no improvement has been made by the employee, demonstrated by the employee absenting themselves from work through illness on at least one occasion, the employee will be asked to give their views on the situation before a final decision is taken Dismissal It is important that line managers consult with their Human Resources contact before considering dismissing a member of staff. If as a result of the final capability meeting, it is confirmed that the levels of absence have not improved to satisfactory levels the employee will be dismissed on the grounds of capability. Where an employee is dismissed, the statutory dismissal procedures will be followed, and wherever possible the individual will be given notification of their dismissal both in person (although there may be extenuating circumstances which prevent this) and in writing. The employee has the right to be accompanied to this meeting by a work colleague or union representative. The meeting will be formally recorded, and attended by either a local human resources representative or a member of the Human Resources department. It is the responsibility of the employer to meet with and write to the employee, stating the reasons for dismissal and giving the opportunity to appeal the decision. See below for appeals process. Appeals process After each of the three stages of the capability procedure, the employee will have the right to appeal against the decision. An employee who wishes to appeal against a capability decision must formally contact the human resources lead within five working days of the decision. Although not a legal requirement, Arts Council England would request that an 8 employee submits an appeal in writing clearly stating the reasons for the appeal A senior manager who was not involved in the original decision will hear the appeal and decide the case advised by a senior member of Human Resources. For further information please see ‘Appendix 2: Levels of disciplinary authority’ in the document Disciplinary policy If at the final capability meeting the decision was taken to dismiss an employee, and the employee subsequently appeals, their dismissal will be put on hold. Where it is found that their appeal is upheld, they can return to their post with no loss of salary, continuity of service or benefits Please note the timescales outlined in this policy may be amended where there is mutual agreement to do so. Note also that these procedures may change in line with future statutory changes. Please note: Where short-term absence is being monitored a line manager reserves the right to request that medical certification be provided for periods of absence of less than five working days. ii Intermittent sickness absence as a result of an underlying medical condition Where an employee is absent on a frequent basis as a result of an underlying medical condition, the employee will be requested to attend a registered occupational health service selected by the Arts Council for a medical assessment. The procedure followed in these circumstances mirrors that found in the long-term absence management policy. iii Long-term absence management Arts Council England defines long-term absence as any period of absence lasting for a period of more than one month. Wherever possible line managers should contact the employee with a view to arranging a meeting to discuss the welfare of the employee six weeks after the first day of absence. The employee can choose to be accompanied to the meeting by a union representative or work colleague, and the meeting can take place at a venue outside of the office. The meeting will aim to identify: 9 the likely duration of the absence what support can be offered to the employee to assist them in returning to work. This may include the employee being requested to a visit a registered occupational health service selected by the Arts Council for a medical assessment These meetings will continue to be scheduled at six-weekly intervals until the employee is able to resume work. In very exceptional circumstances it may be considered inappropriate for meetings to be arranged as this may not be conducive to improvements in the employee’s well being. In these circumstances the employee should be kept informed of any changes to pay, pensions or office re-organisation. Based upon the evidence available, line management and the HR Partner will determine the appropriate course of action. This may include: 1 where employee will be fit to return to work in the near future, and a date for that return has been identified. In this case, no further action is required, other than maintaining regular contact with the employee during their absence 2 the employee will recover sufficiently to return to work, but on the advice of an occupational health assessment adjustments will need to be made to the employee’s working pattern and/or environment in line with the Disability Discrimination Act. In these circumstances the line manager, HR Partner, the employee and, if requested, their representative, will meet to discuss the implications of the occupational health assessment and agree a way forward. This may include redeployment, a temporary change to working hours or the provision of specialist equipment. Unfortunately, in some circumstances the adjustments needed to facilitate the employee’s return to work will not be practical. In these circumstances an employee’s contract of employment will be terminated on the grounds of capability 3 The employee will be unable to return to work in any capacity in the reasonable near future. In these circumstances an employee will be dismissed on the grounds of capability 10 Where an employee is dismissed on the grounds of capability due to long-term absence, they will receive pay in lieu of notice. An employee retains the right to appeal against dismissal. In addition, if after investigation, it appears that there are no genuine reasons for an employee’s absence, the matter will be dealt with under the disciplinary procedure. Agreed: August 2005 Updated: April 2008 11