Document name: Sickness Absence Policy Guidance for Managers Document type: Human Resources Guidance Staff group to whom it applies: All staff within the Trust Distribution: The whole of the Trust How to access: Intranet and internet / ward folder Issue date: February 2013 Next review: July 2017 Approved by: Director of Human Resources and Workforce Development Developed by: Employment Policy Group which includes Staff Side Managers and Human Resources representation Director lead: Director of Human Resources and Workforce Development Contact for advice: An appropriate Human Resources Adviser INDEX Page Number 1. INTRODUCTION 1 2. THE KEY BASICS IN MANAGING SICKNESS ABSENCE 1 3. SHORT TERM ABSENCE REVIEW PROCESS 5 4. RETURN TO WORK MEETING AND DOCUMENTATION 5 5. ‘AT A GLANCE’ GUIDE TO THE STAGES OF THE SHORT TERM ABSENCE PROCESS 8 6. MODEL LETTERS FOR SHORT TERM ABSENCE 9 7. LONG-TERM ABSENCE REVIEW 9 8. RETIREMENT ON ILL HEALTH GROUNDS 9 9. DISMISSAL ON ILL HEALTH GROUNDS 9 APPENDICES Staff Sickness Absence Notification Procedure APPENDIX 1 Flow Chart Showing the Process to follow if a Member of Staff is Sick APPENDIX 2 Staff Reporting Sickness/Absence (via the phone) APPENDIX 3 Sickness Absence Notification (San) Form APPENDIX 4 Summary of the Short Term Sickness Absence Process APPENDIX 5 Manager’s Aide Memoire for the Successful Management of Sickness Absence APPENDIX 6 Return to Work Interview - Checklist APPENDIX 7 At and Glance Summary Guide Showing Letters/Forms to use During the Short Term Absence Process APPENDIX 8 Informal Short Term Sickness Meeting Form (Stage 1) APPENDIX 9 Model Letter Outlining the Actions of the First Informal Meeting (Stage 1) APPENDIX 10 Letter Outlining the Invitation to Attend the First Formal Meeting (Stage 2) APPENDIX 11 Letter Outlining the Outcome Of The First Formal (Stage 2) APPENDIX 12 Invite Letter to Second Formal (Stage 3) Following Concerns Raised at The Scheduled 3 To 4 Monthly Meeting, or Where a Trigger Point Has Been Exceeded APPENDIX 13 Outcome Letter from the Senior Manager (Stage 3) APPENDIX 14 Letter Following Concerns Raised at the Scheduled 3 to 4 Monthly Meeting, or Where A Trigger Point Has Been Exceeded APPENDIX 15 Letter Following Confirming Dismissal on The Grounds of Capability (Stage 4) APPENDIX 16 Letter Acknowledging receipt of Fit Note and keeping in touch with their Employee APPENDIX 17 Arranging to Meet regarding Long Term Sickness Absence APPENDIX 18 Long Term Sickness Progress Letter APPENDIX 19 Ill Health Resignation Letter APPENDIX 20 Letter Terminating an Employee’s Employment on the Grounds of their Incapacity APPENDIX 21 1. INTRODUCTION The Sickness Absence Policy is a comprehensive document and covers the process of managing sickness absence in some detail. There are changes to the way sickness absence is reported to Payroll. From January 2013 onwards managers will need to report sickness absence using either e-rostering (or the EASY system where e-rostering is not appropriate). This Guidance has been complied to accompany the revised Sickness Absence Policy. The Guidance supplements the Policy by providing further clarification of aspects of the Policy as well as including checklists, flow charts and model letters for managers to adapt and use. The Guidance covers both long and short term sickness absence and should enable sickness absence to be managed in a fair and consistent way. Short term absence is covered in the first part of the guidance and long term absence in the second part. The circumstances surrounding each individual case will vary and if you are in any doubt how best to manage an individual, a Human Resources Adviser is available to advise. Occupational Health also has a crucial role in ensuring appropriate advice and support is given to both you and your staff. It is important to appreciate that the underlying expectation is that staff will be fit and healthy and the policy aims to support staff should they become unwell. There is also the expectation that where staff are unable to undertake their usual duties at work, that where their condition allows, they will make themselves available for other work in the Trust. This is in line with the philosophy of GP ‘fit notes’ which focus on what individuals are able to do, rather than what they are unable to do. Once employees are on a warning due to their level of sickness absence, they should appreciate that the policy has a cumulative effect; where more serious warnings can quickly follow if absence levels do not get better. An individual’s sickness record will be taken over a period of time and there is the real possibility of them being dismissed if their sickness absence does not improve. 2. KEY BASICS IN MANAGING SICKNESS ABSENCE 2.1 Ensure staff are aware of their local sickness absence notification procedure All staff need to be aware of (and preferable have a copy of) the local reporting procedure to follow when they are unable to attend work because of sickness. It should be in writing and well known to staff. It will help staff management if your team are clear what they should do if they are sick. Where a department does not have their own procedure they should follow the model at Appendix 1 adapted to local circumstances. 1 2.2 Staff responsibility regarding sickness absence Members of staff can learn more about the importance the Trust attaches to Wellbeing and maintaining low levels of sickness absence, by visiting the Trust’s intranet: http://nww.swyt.nhs.uk/wellbeing/Pages/default.aspx http://nww.swyt.nhs.uk/hr/Pages/Sickness-absence.aspx Please ensure that all your staff are aware of this document; particularly as part of their induction. Staff should be aware of their own responsibilities and the importance of regular attendance at work. Excessive sickness absence can lead to their contract of employment being terminated, 2.3 Appropriate Action when an Employee is Absent from Work On first day of absence The employee must try to speak to you directly as their manager, to report their sickness. In some cases a nominated person, as agreed by you, may take the call, when you are not available. See flow chart at Appendix 2 which outlines the process to follow when a member of staff is sick. Staff E-mailing and Text messaging their absence is not acceptable, as it avoids direct contact with you their manager, as do messages if left with their colleagues. Without this contact it is likely to be difficult to pick up on any welfare issues and to manage absence effectively. If messages are left, this reduces the effectiveness of the procedure and so they should only be left in exceptional circumstances. The employee must telephone in by the agreed time stipulated in the department’s procedure. The manager or the nominated person, must establish: The date they became unfit for work (even if on a day off) The last day they worked The nature of the illness The anticipated length of absence and When they will return (or when they will contact you again to update you on their condition) NB It is expected that where their absence is due to stress, mental health or musculoskeletal issues they are immediately referred to Occupational Health by the manager. See the form at Appendix 3 which managers can use when recording the information above from a member of staff when they ring in sick. Where a member of staff is likely to be sick for 1 to 7 days, the manager part completes a Sickness Absence Notification (SAN) form. Then immediately on their return to work, the individual completes and signs the SAN and the manager sends it to Payroll, retaining a copy. 2 Where the member of staff will be off for more than 7 days the manager part completes the SAN and forwards it immediately to Payroll, retaining a copy. When the individual does return to work they must complete and sign the copy SAN and the manager sends it to Payroll, again retaining a copy. See Appendix 4 NB Over 2013 Payroll will be phasing in a revised electronic method of recording absence using the EASY electronic system. Until managers are contacted by Payroll they should continue to use their existing systems of notifying payroll of absences. (IE using a SAN in Barnsley BDU, or SC2/e-rostering in the rest of the Trust). 2.4 Withholding Sick Pay If there is no reason given for the sickness absence then it may be appropriate to withhold sick pay, as outlined below. Managers must establish a reason for the absence, as this enables both support to be given to the individual and builds up a statistical picture of absences for the Trust, so that specific measures can be planned to address particular absences (Eg Occupational Health now have individual programmes to help staff with stress and musculoskeletal conditions). If an individual does not comply with the reporting procedure, all sick pay will be stopped. SSP will then be paid once a fit note has been received. Where there is an unauthorised absence it is discretionary whether Occupational Sick pay is paid or not – it will not usually be paid where there is a reoccurrence of this issue. Regarding sickness absence, you should always be satisfied with the explanation given. If you are not then the following should be considered: Should the employee’s pay be stopped? Should disciplinary action be taken under the Disciplinary Procedure? The appropriate procedure for reporting absence should be followed. The reasons for the absence should also be given. Where the manager is concerned at the actions of a member of their staff they must discuss the issues with a Human Resources Adviser/Payroll as appropriate. 2.5 On the 8th day of absence On the 8th day of absence the member of staff must obtain a Statement of Fitness to Work (a ‘fit note’) from their doctor and send it to their manager. The manager will then transfer the information to payroll electronically using either the e-rostering system or the EASY system. The manager will need to retain the fit note in the individual’s personal file together with the SAN. 3 2.6 Short Term Review Process Members of staff should continue to telephone their manager to give them updates on their likely continued absence and their return to work when known. They should agree the frequency of contact during their conversation with the manager. Managers should also ensure that subsequent fit notes are submitted to cover the total period of absence and that they are consecutive. Disciplinary action could be taken in the future should individuals fail to comply with the sickness procedures, including the timely submission of fit notes. Fit notes are intended to indicate to employers what an individual can, rather than what they can’t do. The effectiveness of this may depend on how well the GP or Consultant understands the nature of the work the individual does (or what possible alternatives could be available back at work). OH have a vital role in liaising with GPs on fit notes to enable staff to come back, possibly in a different capacity and for a limited time until they are fully recovered. Managers should contact OH as early as possible to discuss the situation if the information on the fit note is not clear, or appropriate. Absence due to Industrial Injury Where an employee is absent due to an injury sustained through work, their absence must still be monitored. However the manager needs to be sensitive to the nature of the injury and ensure that appropriate support is given through Occupational Health (OH) and staff counselling as appropriate. Where the injury is severe and results in absence of 4 weeks or more this should be usually be addressed through the long term sickness absence section. NHS Injury Benefits Scheme At the time of writing (February 2013) the NHS Injury Benefit Scheme is being reviewed. It is understood that a new Injury Allowance will be introduced from 1 st April 2013 to recompense employees who have temporarily lost income due to and injury or illness as a result of work. Further details will be available in the near future. Advice on this should be sought from the appropriate HR Manager. Staff Representation There will not normally be Staff Side representation at the informal Stage One meeting (or at the return to work interviews). However under all formal stages of this procedure, the employee will have the right to be represented by a Trade Union representative or colleague (not acting in a professional capacity). Before any formal interview, the employee must be given adequate time to discuss the matter with his/her staff representative. 4 Managers should normally provide five working days notice, in writing of a formal interview (although this may be waived by mutual consent), enclosing all appropriate information/ documentation. Monitoring Continuous monitoring of staff sickness absence is crucial to the success of managing attendance. Information is available via HR online and you can easily access this through a password system via the intranet. A password can be obtained from HR information Services 01977 605293. This information covers an individual’s attendance record and details dates, days, reasons and type of absence etc. Human Resources Advice Human Resources Advisers are always available at any stage for advice on cases of sickness absence. It is advisable to involve a Human Resources Adviser at an early stage, keeping him/her regularly informed of all their cases involving sickness absence. When considering serious action including dismissal, the advice of the Human Resources Adviser must always be sought. This will ensure there is consistency of approach taken throughout the Trust. 3.0 SHORT-TERM ABSENCE REVIEW PROCESS 3.1 Summary of the Sickness Absence Management Process (Short Term Absences) A comprehensive summary of the whole short term sickness absence process is given at Appendix 5. 3.2 Manager’s Checklist for the Successful Management of Sickness Absence A brief summary of the main points to bear in mind as a manager when dealing with sickness absence are given at Appendix 6. 4.0 RETURN TO WORK MEETING AND DOCUMENTATION Numerous studies show that the single most important factor in controlling sickness absence is whether or not the return to work meeting takes place. See Appendix 7 for a checklist to use at the meeting which will also then be a record of the meeting. Research shows that ensuring this step is undertaken is the most important action you can take in controlling sickness absence. Return to work meetings are most effective if they take place every time an employee returns from sickness absence and preferably if they occur on the day of their return. 5 This may not always be easy to arrange, but is without doubt one of the most effective ways of reducing short term absence levels. It may be acceptable to delegate this, but only if you feel the individual has the authority to ensure that it is done effectively. 4.1 Return to Work Meeting What Is It? This is a discussion held between you (or your designated person) and your member of staff. Wherever practicable it should be on the first day of their return to work. This is not a ‘disciplinary type’ interview but a brief chat to check on the employee’s wellbeing/welfare. The discussion is intended to provide an opportunity for the manager to: Welcome the employee back to work. Enquire after their health. Give the employee an opportunity to draw your attention to any particular problems of either a work, or domestic nature, which may affect their attendance. If appropriate offer appropriate help and support as may be practicable, e.g. access to the Counselling Service, workload adjustments, redeployment, or flexible working. Update the employee on any developments of work in their absence. Receive any self or medical certificates as appropriate. Refer to OH as appropriate using their on line form: http://nww.swyt.nhs.uk/wellbeing/occupational-health/Documents/OH03%20%20OH%20Health%20Referral%20Form.doc Importantly the discussion shows that the member of staff was missed at work. Further information can also be found on the NHS Employers web site: http://www.nhsemployers.org/HealthyWorkplaces/implementingHWB/ResourcesLine Managers/Pages/Managersguideonreturn-towork.aspx?utm_source=http%3a%2f%2fnhsemployers.org%2foi_nhsconfedlz%2f&utm_medium=email&utm_campaign=LMB_29 112012&utm_term=NHS+Line+Managers+Bulletin+issue+1&utm_content=5 Further points should also be raised after the 2nd absence in 12 months, as the 3rd is the trigger point for the first stage informal interview: 4.2 Explain that good attendance at work is a high priority for the Trust and that the Trust has set targets regarding sickness absence. Explain the consequences of their absence on workloads and colleagues (as appropriate). Explain the nature of how the policy works. That continued unacceptable levels of sickness absence, will lead to the formal stages of the procedure being invoked. Once these are reached, continued absences will quickly lead to the individual facing a final written warning and then if no improvement, dismissal. Keeping a Record In addition to the return to work meeting checklist (see Appendix 7), which acts a guide and a record of the meeting, the Attendance Monitoring Form (see link: http://nww.archive.swyt.nhs.uk/organisation/annualleave/ATTENDANCE%20MONITORI NG%20FORM%2013-14.doc ) also enables managers to keep a useful record of staff absences. This form enables all absences to be recorded and any patterns that may 6 emerge to be discussed with the individual. If there are further absences, these will be important reference documents in the future. Where it emerges that an individual has regular absences a useful aid to monitoring this and the measures taken, is to prepare a timeline. Where e-rostering is in place it enables managers to monitor their staff’s sickness absence and it should be noted there are also continual developments being made to the e-rostering system. All records relating to sickness must be kept securely and handled appropriately to maintain confidentiality. 4.3 Dealing with Absence due to Stress As soon as you are aware that stress is the cause of absence, you should cover the following points with the member of staff: Ask the employee what is causing the stress and is it work related? Enquire if there is anything that you can help with and take any reasonable steps necessary. Immediately refer the individual to OH; as they are able to offer immediate advice and support, which is likely to reduce the chance of the stress becoming long term. Explore the need for counselling. Keep notes of stress related incidents, or when employees report work related stress. Refer to the Trust’s Staff Mental Wellbeing and Resilience (Stress) Policy: http://nww.swyt.nhs.uk/docs/Documents/461.doc Advice and support can be sought from either OH or the appropriate Human Resources Adviser. 4.4 Dealing with Absence due to Muscular Skeletal problems As with absence due to stress, Muscular skeletal problems must be referred immediately to OH. This enables the member of staff to receive urgent physiotherapy treatment/advice from the OH Physiotherapist. Early Physiotherapy intervention (within hours if possible) is crucial in helping the proper healing process and a timely intervention can support the individual to remain in work and/or reduce the length of absence and discomfort suffering by the individual. A manager’s guide on musculoskeletal disorders is available via the NHS Employers web site: http://www.nhsemployers.org/HEALTHYWORKPLACES/IMPLEMENTINGHWB/RESOU RCESLINEMANAGERS/Pages/ManagersGuideOnSicknessAbsence– MusculoskeletalDisorders.aspx#2 4.5 Medical Suspension There may be exceptional instances when it is appropriate to medically suspend an individual from work. The manager should discuss with the individual whether they are fit to be at work and then encourage them to go home, this could be because the individual is unfit to carry out their duties (this may be due to concerns about their mental health, or a physical condition such as a contagious infection). Advice should be sought from Occupational Health (01977 605585/605586) or a Human Resources Adviser as appropriate, should this situation arise. 7 4.6 Thanking Individuals for a 100% Attendance Record over the Last Year Managers may wish to encourage those staff who have good attendance levels, by thanking them and acknowledging their good attendance, during their annual appraisal. 5.0 ‘AT A GLANCE’ GUIDE TO THE STAGES OF THE SHORT TERM ABSENCE PROCESS As the Policy itself is very comprehensive, it is not necessary to again cover all the stages in detail. However, to aid clarity a flow chart is included at Appendix 10 which gives an ‘at a glance guide’ to all the stages of the short term sickness absence process for easy reference. Included at Appendix 11 is a form that covers the Informal (1st stage) of the policy. It includes a useful checklist to use during the meeting and when the form is complete it should be signed by the manager and employee, with the manager keeping a copy on the individual’s personal file. 6.0 MODEL LETTERS FOR SHORT TERM ABSENCE The model letters are given in the Appendices and are intended as reference documents for managers to adapt according to the circumstances and outcomes decided at the meeting. LONG-TERM ABSENCE 7.0 LONG-TERM ABSENCE REVIEW Whenever an employee is absent for a prolonged period through sickness (normally regarded as 28 calendar days or more), managers will need to keep regular contact with the individual. This should be by letters, phone calls, the individual attending a meeting in the workplace, or a visit to the individual’s home (with the employee’s agreement). It is important that all contacts and discussions with the employee are documented as this aids the manager in reviewing their support and provides a record if challenged. Example letters are given at Appendices 19, 20 and 21. These letters should be taken as a guide and may be adapted according to the circumstances; advice is available for HR advisers. (NB notification of changes to sick pay rates are usually sent by the Human Resources Payroll Section). 8 8.0 RETIREMENT ON ILL HEALTH GROUNDS Retirement on the grounds of ill health should be considered after all other options have been explored and following consultations with the employee and advice from Occupational Health. Members of staff who have been contributing to the NHS Pension Scheme for over two years may be able to retire and receive the benefits under the conditions of the Scheme. It is the individual who applies for these benefits under the scheme and approval to receive such benefit is at the discretion of the NHS Pensions which is part of the NHS Business Services Agency (NHSBSA) and not the Trust. See link http://www.nhsbsa.nhs.uk/1732.aspx It should be stressed that it is NHS Pensions who undertake the medical assessment of the individual and the outcome of this assessment cannot be guaranteed. In some circumstances applications have been deferred and then reassessed at a later date. Acceptance by the individual of an approved NHS Pension Scheme application will be treated by the Trust as a resignation from the Trust. See letter Appendix 22 In certain circumstances it may be possible for a member of staff to take ill health retirement and return to work with the Trust part time. If an individual would like to pursue this, they should discuss it with their line manager. 9.0 DISMISSAL ON ILL HEALTH GROUNDS Alternatively in cases where an employee is not a member of the NHS Pension Scheme (or is, but chooses not to apply for an incapacity pension, or their claim is unsuccessful), and is not able to undertake his or her duties through ill health, then he or she will be dismissed with appropriate contractual notice. This will take place after all options have been explored and following consultation with the individual, his or her representative (if requested), and advice from the Occupational Health Department. This will be confirmed in writing and the individual advised of his/her right of appeal against the dismissal, to a Sub-Committee of the Trust Board. See letter Appendix 23 The dismissing manager must ensure they are authorised to take this level of action. OH may advise the requirement for specific undertakings or specific restrictions to the employee’s practice or duties, in order for the individual to be able to return to work. If the service is unable to undertake such adjustments, a detailed risk assessment must be undertaken and signed off by the senior manager of the service. OH should be provided with a copy of the risk assessment and an opportunity to consider that risk assessment. http://nww.swyt.nhs.uk/health-safety/Documents/risk/Risk%20assessment%20form.doc It will normally be appropriate for a management case conference to take place to give serious consideration to the risk assessment prior to any decision being taken. The employee’s details will be held on the ‘At Risk Register for a maximum of 3 months in line with the employee’s notice period. Should any suitable alternative employment 9 become available during the notice period, the employee will be given the opportunity to pursue this. Protection of pay does not apply as it is not a result of organisational change. In the event, notice of termination will be served during the period of medical suspension. That suspension will continue during the notice period, however, the employee will be allowed to attend interviews for suitable alternative employment with prior approval from the appropriate senior manager. 10 APPENDIX 1 SOUTH WEST YORKSHIRE PARTNERSHIP NHS FOUNDATION TRUST STAFF SICKNESS ABSENCE NOTIFICATION PROCEDURE 1 If you are unable to attend your place of work for any reason (other than prior approved absence), you are required to telephone in person your immediate manager (or their designated officer), as soon as possible. Contact should be no later than an hour after your normal start of work on the first day of sickness absence. If you work night duty or on a shift system, you must notify your manager immediately you become incapacitated, to allow as much time as possible for managers to arrange for shift cover. Messages must not be left with unauthorised persons and texting is not an acceptable alternative to direct contact with your manager (or designated officer). 2 You must state: The nature of your illness, or other reason for absence. When you first became unfit for work. How long you expect to be absent and An estimated date of return. When you will contact him/her again 3 You must maintain regular contact with your manager. In an exceptional case when you are personally unable to contact your manager by telephone, then you must ensure that a message is sent by a personal representative ie a relative or friend on your behalf and that they cover the points above. They must explain why you have not been able to contact the manager yourself. 4 Full information is needed to enable your manager to initially notify payroll electronically of your absence. 5 For absences of 1 – 7 days you must complete a Sickness Absence Notification form (SAN form). (NB it replaces the Self Cert SC2 form). On your return you should complete the remainder of the form as appropriate and give to your manager, who will forward to Payroll and retain a copy in your personal file. For absences of 8 days you must also obtain a ‘Statement of Fitness for Work’ (a ‘Fit Note’) from your doctor. Dates must run consecutively if two or more notes are required. Please ensure that dates on the Sickness Absence Notification and Fit Notes all correspond. 6 Days off (e.g. rotated days off) will be counted for Statutory Sick Pay purposes unless you indicate your ability to return to work as soon as possible. 7 Sickness absence resulting from an injury or disease attributable to NHS employment must be notified to your manager and recorded on the Incident Report Form on the Trust's Datix system. https://datix.swyt.nhs.uk/datix/live/index.php 8 When you intend to return to work following a period of sickness absence, you must give clear notice of the date you intend to return. If insufficient notice is given, your supervisor/manager may have already made arrangements to provide cover. 9 On your return to work you must see your immediate supervisor/manager. There is the expectation that you will have a return to work interview with your manager where you can discuss your sickness and consider what actions may be needed next (eg a referral to Occupational Health). 10 Where your sickness absence is a regular occurrence or, it appears to have caused a deterioration in your overall attendance record or performance, your manager will usually require you to attend the Occupational Health Department. 11 The Trust supports the principle of Fit Notes where the emphasis is on what a person can do, rather than what they can’t do. Depending on the nature of the illness and support and advice from Occupational Health, individuals will be able to return to work to a temporary role rather than remain off on sick leave. 12 Failure to comply with any of the above notification procedure could result in the absence being regarded as unauthorised and, therefore, without pay. 13 You should be aware that persistent breaches of the notification procedure may result in a loss of sick pay and/or disciplinary action being taken against you. APPENDIX 2 Flow Chart Showing the Process to follow if a Member of Staff is Sick Member of Staff is Sick. They must follow their department’s sickness absence procedure when reporting in sick They contact their manager giving: The date they became unfit for work (even if on a day off) The last day they worked The nature of the illness The anticipated length of absence When they will return (or when they will contact the manager again to update them on their condition) If the reason for absence is stress or a musculoskeletal issue they must be referred to Occupational Health immediately The manager should explore if the individual can return to another temporary post rather than remain off sick. Occupational Health will be able to advise For one to seven days of sickness, the manager will part complete a SAN (which can be downloaded from Trust’s intranet). The individual completes and signs the SAN on their return and manager then sends it to payroll, retaining a copy. Where the sickness is over 7 days the manager part completes the SAN and immediately sends it to Payroll retaining a copy. The SAN is then completed and signed by the individual on their return and the manager sends to Payroll, again retaining a copy On the 8th day of sickness a ‘fit note’ must also be obtained from their doctor and given to their manager to retain On return from sick leave the member of staff has a return to work interview with their manager to check they are OK and offer support where appropriate and ensure they are aware of the Trust’s sickness absence policy The member of staff must maintain contact with their manager and update them when they are able to return. This is especially important where the individual works shifts APPENDIX 3 Staff Reporting Sickness/Absence (via the phone) Staff Name: _______________________________ Grade: _______________ Base: _________________________ Duty Rota: ______________________ Date of Call: ____________________ Time of Call: _____________________ Call taken by: ______________________________ Call made by (staff member/relative?) _________________________________ The date they became unfit for work (even if on a day off):______________ The last day they worked:____________________________ Reason for absence/nature of illness: ______________________________ The anticipated length of absence:_________________________________ Expected return date* _______________________________ When they will next contact you to update on their condition______________ *NB If absences are due to stress/mental health, musculoskeletal issues or the absence will be for 4 weeks or more, advise the member of staff you will refer them to Occupational Health immediately. Referral to OH made? YES / NO. If yes, date of referral ______________________ If not reason why: __________________________________________________ Consider if the individual could return to work in an alternative capacity for a limited time if they are not fit to return to their substantive post? If yes has this been agreed and what was the outcome? Comments/Further Action: Form completed by (signed): _____________________ Date: ______________ Manager (signed): ______________________________ Date: ______________ Follow up Action Has the SAN been completed and signed by the member of staff? YES / NO Have they been off 8 days or more? (If so a Fit note is required) YES / NO Has the GP’s fit note been received? YES / NO Detail any conversations/correspondence with Employee Date Time Details (Including name of manager involved) SOUTH WEST YORKSHIRE PARTNERSHIP NHS FOUNDATION TRUST SICKNESS ABSENCE NOTIFICATION (SAN) FORM Full Name: Post Title: Location: DATES OF ABSENCE PLEASE RECORD: APPENDIX 4 National Insurance No: (and/or) Staff Number: Business Delivery Unit & Team: DAY DATE The date you became unfit for work (even if on a day off) The date you last worked The date you notified your manager (or nominated person) of your Illness The date were you were fit to return to work (even if on a day off) The date you returned to work REASON FOR ABSENCE: Please specify by ticking the relevant box below . S1 0 S1 1 S1 2 S1 3 S1 4 S1 5 S1 6 Reason Anxiety /Stress S20 Back Problems S21 Musculoskeletal – Other Cold, Cough, Flu Influenza S22 S23 Asthma S24 Chest & respiratory S25 Headache/Migraine S26 S1 Benign & malignant S27 7 tumours Cancer S1 Blood Disorders S28 8 S1 Heart, Cardiac & S29 9 circulatory problems ADDITIONAL ABSENCE DETAILS (Tick) Where ‘other’ is ticked please also give the reason Reason Reason Burns, poisoning, frostbite, hypothermia Ears, Nose & Throat S30 S31 Dental and oral problems Eye problems S32 Endocrine/glandular problems Gastrointestinal problems Genitourinary Gynaecological disorders Infectious diseases S99 S98 Pregnancy related disorders Skin disorders Substance/Alcohol Misuse Other known causes – not elsewhere classified Unknown causes / Not specified If ‘Other’ – Specify reason below Injury fracture Nervous system disorders YES NO Is the absence as a result of an accident at work? https://datix.swyt.nhs.uk/datix/live/index.php Is the Absence a Result of a Road Traffic Accident or 3rd Party Liability? Do you have a disability? ACTION If so you must report the accident to your manager and complete a Datix form on line. Please give the Datix form number here: I declare that the information above is, to the best of my knowledge, a true and accurate record. I understand that any deliberately false statement will disqualify me from sick pay and will be regarded as a serious disciplinary offence. Signed (employee): ________________________________________________________ Date: __________________ Signed (Manager): ________________________________________________ Date: __________________ Number of Working Days Absent: _________________________ Number of Hours Lost: ________________________ For further advice please contact the Payroll Department or Telephone 01226 434113 http://nww.swyt.nhs.uk/hr/payroll-pensions/Pages/default.aspx) Notes on completion 1. 2. 3. 4. 5. This form should be completed accurately as it will subsequently be used by Payroll to ensure you are correctly paid. Failure to do so may effect your pay entitlements. Please also ensure that you follow your department’s sickness absence procedure when reporting absence. You should always speak to your immediate manager (or their nominated person) when reporting your absence and give the above information in person, as texting or e-mailing is not acceptable. Full information is needed to enable your manager to initially notify Payroll electronically of your absence. For absences of 1 – 7 days you must complete this SAN. (NB it replaces the SC2 form i.e. the Self Cert For absences of 8 days you must also obtain a ‘Statement of Fitness for Work’ (a ‘Fit Note’) from your doctor. Dates must run consecutively if two or more notes are required. Ensure that dates on the Sickness Absence Notification and Fit Notes all correspond. When complete your manager will send to payroll and will retain the copy on your personal file U:\ESR FORMS\SICKNESS ABSENCE NOTIFICATION (Dec 2012) APPENDIX 5 Summary of the Sickness Absence Management Process (Short Term Sickness Absence) Trigger Points 3 absences in a rolling 12 month period, or 3 episodes of 2 weeks or more in a rolling 3 year period, or A pattern of absence emerges (e.g. all Fridays, around Leave, school holidays, etc) NB. A return to work interview must take place on the date of return where possible or asap. The Sickness procedure then commences when one of the above trigger points is reached. Stage 1 (informal) Line Manager meets employee asap but within 2 weeks of 3rd absence in 12 months/3rd episode of 2 weeks/or a pattern emerging. Provides sickness record, OH letters etc. Detail of discussion confirmed in writing asap but within 5 working days of meeting. Arrange 3 monthly reviews within next 12 months. (No further action, if absence average is less than 2 episodes per year in previous 3 years) Follow on: Progress to Stage 2 if trigger points reached: o on 2nd absence, following the review meeting within next 12 months o continued pattern of sickness o further episode of 2 weeks or more in next 12 months following the meeting. Stage 2 (1st formal) Line Manager and HR meets employee (who has the right to be accompanied) giving 5 days notice of the meeting, include sickness record, OH letters etc. Discussion/action confirmed in writing, asap but within 10 working days. Normally a 12 month first formal warning given at this stage. Arrange 3 to 4 monthly reviews within next 12 months. Follow on: Progress to Stage 3 if trigger points reached: o on 2nd absence in 12 months following the meeting o continued pattern of sickness o further episode of 2 weeks or more in next 12 months following the meeting. Stage 3 (2nd formal) Senior Manager (next level of manager) and HR meets employee (who has the right to be accompanied) giving 5 days notice of the meeting, include sickness record, OH letters etc. Discussion/action confirmed in writing, asap but within 10 working days. Normally a 12 month final formal warning given (outlining serious consequences) at this stage. Arrange 3/4 monthly reviews within next 12 months. Follow on: Go to Stage 4 if trigger point reached: o on 2nd absence in 12 months following the warning o continued pattern of sickness o further episodes of 2 weeks or more in next 12 months following the meeting. Stage 4 (final stage) Senior Manager, 8b or above, not previously involved, and HR meets employee (who has the right to be accompanied) giving 5 days notice of the meeting. Include management report of the case. Line manager provides report and presents the case at the meeting. Employee or representative then presents their case. Discussion/action confirmed in writing, asap but within 10 working days. Normally dismissal with a right of appeal at this stage, but option of extending review period under Stage 3 conditions. U:\ESR FORMS\SICKNESS ABSENCE NOTIFICATION (Dec 2012) APPENDIX 6 Manager’s Aide Memoire for the Successful Management of Sickness Absence Have a clear and well publicised procedure for staff to follow when they report in sick Ensure the employee speaks to you directly as their manager (or your nominated person), when ringing into report their sickness – they should not leave messages. Establish the reason for their absence and when they will return to work. Where the cause of absence is musculoskeletal or stress, refer them immediately to Occupational Health. When the member of staff returns to work [probably the most important action of the procedure is to] always have a return to work interview with them to check their health and acknowledge they were missed. Their Wellbeing is important and there is a Wellbeing section on the intranet to support staff and managers. http://nww.swyt.nhs.uk/wellbeing/Pages/default.aspx Where trigger points are reached, take action and then follow through with confirmation letters. Document and ensure there is an audit trail of all action taken. Seek advice – HR and Occupational Health are available to work through and advise on issues at any stage. Ensure you understand the Sickness Absence Policy, it can appear complex. Carefully following each step of the policy is crucial to managing sickness absence – the outline summary in the Policy is helpful in explaining the stages to follow. If you say you will review their absence – ensure it is reviewed. Don’t lose contact with staff if they are sick – diary in regular contact. Be fair and firm but don’t think absence will improve and remain at the Trust’s target without continuous effort. APPENDIX 7 Return to Work Interview – Checklist This form lists the main aspects that should be covered at a return to work interview To be completed by the line manager (or designated person where appropriate) as soon as practicably possible following the return to work discussion with the employee. Name of Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department/Service Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Absence: From . . . . . . . . . . . . . . . To . . . . . . . . . . Reason(s) . . . . . . . . . . . . . . . (Insert in each box, where applicable) Welcome employee back and update as necessary Discuss employee’s health and reasons for absence Sickness Absence Notification (SAN)/Fit Note completed etc Discuss if they have a disability, check if sickness work related Outline trigger points and need to ensure regular attendance Any points to note arising out of the discussion, e.g. Arrangements for help and support such as: Access to counselling Workplace adjustments Referral to Occupational Health (use referral form) Other, updates, please specify below Comments Include reasons given by employee regarding their absence and brief record of your discussions – continue on a separate piece of paper or this form can be downloaded Agree this is factually correct and put the form on the individual’s personal file Signed . . . . . . . . . . . . . . . . . . . . . (Manager) Signed . . . . . . . . . . . . . . . . . . . . . (Employee) Date. . . . . . . . . . . . . . . . . . APPENDIX 8 ‘At a Glance’ Summary Guide Showing Letters/Forms to Use during the Short Term Absence Process Staff Reporting Absence form Appendix 3 Sickness Absence Notification (SAN) form Appendix 4 If absence of 8 days or more, a fit note is needed (obtained by employee from their doctor) This form can be used by the manager, or their nominated person, to record the details of the employee’s absence when they ring in and as an ongoing record Manager part completes SAN, following call from the individual they are sick. If likely to be less than 7 days sickness then If absence likely to be more than 7 days manager part completes SAN, retains a copy and sends to Payroll immediately then Probably the most important action in managing absence is the Return to Work Interview. The checklist at Appendix 7 should be followed carefully Particularly if you are to progress to further stages. Refer to para 13 of the Policy. Attendance Monitoring Form Download from the intranet SAN given to employee on their return from sick leave to complete and sign. Manager sends to payroll and retains copy on personal file Fit notes are then sent to manager by the employee The manager or their nominated person must ensure they see all staff on their return from sick leave. This checklist enables all aspects the meeting are covered This form shows all days of the year and enables the manager (or nominated person) to record employee’s sickness/leave/etc. It is useful in indentifying patterns of absence when e-rostering not available http://nww.archive.swyt.nhs.uk/organisation/ann ualleave/ATTENDANCE%20MONITORING%20FO RM%2013-14.doc APPENDIX 8 (Cont) Informal Meeting Form Stage 1 (Triggered after 3rd Absence etc). At Appendix 9. It is not necessary to send out a letter for this meeting as meeting is informal. Use this form both as a prompt in the meeting and as a record afterwards. See para 15 of the Policy. NB. Use OH referral form if needed to obtain medical/OH opinion http://nww.swyt.nhs.uk/wellbeing/occupational-health/Documents/OH03%20%20OH%20Health%20Referral%20Form.doc Use letter at Appendix 10 to summarise outcomes of the (Stage 1) Informal Meeting. Send out letter with informal meeting form within 5 working days. First Formal Meeting (Stage 2) Use letter Appendix 11 to invite employee to the meeting and inform about the arrangements etc Use letter at Appendix 12 to summarise outcomes of meeting at Stage 2. Send within 10 working days If Second Formal Meeting (Stage 3) is triggered, Senior Manager to Send out letter at Appendix 13 to inform employee they attend the meeting Use outcome letter Appendix 14 from Senior Manager to summarise actions etc decided at (Stage 3). This is the final warning under the policy If the Final Formal Meeting (Stage 4) is triggered, use letter Appendix 15. This letter is also from the Senior Manager and informs the individual that they attend the Stage 4 meeting The letter at Appendix 16 should be used if it was decided to end the employee’s employment. The contents of the letter must be discussed with a HR Adviser Confidential: APPENDIX 9 Informal Short Term Sickness Meeting Form (Stage 1) All items to be completed by the line manager conducting the informal meeting. This meeting should take place within two weeks of the individual reaching a trigger point. (eg third episode in a 12 month rolling period) Name of Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Job Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Started with Trust . . . . . . . . . . . . Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recent absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Days this Period . . . . . . . . Total Days over rolling 12 months. . . . . . . . . . . . . Total Occasions this Period . . . . . . . . . . . . . . . . . . . . . Details of Absence Record. Refer the employee to their annual leave card/or available e-rostering information ___________________________________________________________________ Date, place and time of meeting: Present: NB Representation is not expected as it is a 1:1 between the individual & their manager ____________________________________________________________________ Check List: Share all appropriate documentation, check accuracy (including absences over last 3 years) Explain the purpose of the meeting as part of the Policy. See the Summary of the Sickness Absence Process regarding trigger points and expectations. Explore the reasons for absence, e.g. they may be the result of a medical condition; domestic difficulties; problems with work or working relationships. Encourage the employee to engage in a two-way flow of information. Reassure the employee that the purpose of the meeting is to assist him/her to attain the required levels of attendance. Offer help, advice and practical action eg seeing GP, accessing counselling advice, referral to Occupational Health, discussions regarding working arrangements. Particularly regarding adjustments if the individual is disabled. See Access to Work Scheme: https://www.gov.uk/access-to-work/overview Discuss the consequences of the absence upon work load and colleagues. Agree the action required by both parties, if any, to achieve an improvement in attendance and the review period (and review date) as necessary. Outline the action which may follow if there is no sustained improvement, i.e. the triggers which would lead to the Formal Stage 2. Ensure they have access to the policy (a paper copy or link to the document store) If the individual is in their first year of service with the Trust, stress the importance the Trust attaches to a culture of regular attendance. Note comments raised by the individual. Managers comments including Recommendations For Future Action/Referrals (Refer to the appropriate section of the Policy/Guidance before recommendations are made). _______________________________________________________________________ Decision/Action Ensure a copy of this completed form is sent to the individual within 5 working days of the meeting and that it also includes the actions and the next review date in 3-4 months. Place a copy of this form on the individual’s personal file Signed (Employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . Signed (Manager). . . . . . . . . . . . . . . . . . . . Designation . . . . . . . . . . . . . . . . . . . . . . APPENDIX 10 Letter Outlining the Actions Following the First Informal Meeting (Stage 1) Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date ACTION: COMPLETE THIS LETTER WITHIN 5 WORKING DAYS OF THE STAGE 1 MEETING Dear SICKNESS ABSENCE POLICY - INFORMAL MEETING (STAGE 1) I am writing with reference to the above meeting held on *(enter date, time and venue) under the Trust’s Sickness Absence Policy (ENCLOSED) it can also be found: http://nww.swyt.nhs.uk/docs/Documents/925.pdf At this meeting we discussed your level of absence, the reason(s) for it and the support available ALSO REFER TO ANY ACTION TO BE TAKEN EG IF THE EMPLOYEE IS GOING TO BE REFERRED TO OCCUPATIONAL HEALTH ETC, TO HELP TRY TO ADDRESS THEIR ILL HEALTH. ALSO NOTE THE TRUS’T WELLBEING INIATIVES ALL STAFF WITH STRESS OR MUSCULOSKELETAL ISSUES MUST BE REFERRED TO OCCUPATIONAL HEALTH IMMEDIATELY I expressed my concerns at your current level of sickness absence which now amounts to *(enter number of days/occasions/during number of months). Whilst being sympathetic with your situation, I pointed out to you the problems this created for work colleagues, the department and service as a whole. I hope your attendance will now improve, however it is important to note that as you now have a Stage 1 warning, you will normally be referred to Stage 2 of the Sickness Absence Policy if you have: ALSO CONSIDER IF THE INDIVIDUAL IS HAVING OR AWAITING SPECIFIC TREATMENT FOR A CONDITION OR HAS A DISABILITY A further two episodes of absence in the next 12 month period. A continued pattern of sickness. A further episode of two weeks sickness or more in the next 12 month period. The Trust takes a supportive approach in managing sickness absence. However you should be aware that now you have had reached stage 1 of the policy, future warnings will be triggered by fewer absences. This means that your future employment with the Trust may be at risk if you cannot maintain an acceptable level of attendance. I hope that there will now be a significant improvement in both your health and attendance level and should you at any time feel that I might be of assistance in this then please do not hesitate to contact me. You should also be aware that you may access the Occupational Health and Wellbeing Team (01977 605585/605586) at any time. They have a range of Wellbeing initiatives including the Staff Counselling Service (01924 215015). Also, if you feel there is any further support that can be reasonably provided, please discuss this with me. Your attendance will also be reviewed on a three of four monthly basis over the next 12 months and the next review will be on INCLUDE A REVIEW DATE FOR 3 TO 4 MONTHS TIME HERE. Finally, I trust that this letter is a brief but accurate summary of the interview but if you do not believe this to be the case, then please contact me. Yours sincerely LINE MANAGER TITLE Encl: Sickness Absence Policy cc Personal file Please delete/amend as appropriate APPENDIX 11 Letter Outlining the Invitation to Attend the First Formal Meeting (Stage 2) Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date ACTION: ARRANGE THE STAGE 2 MEETING GIVING THE MEMBER OF STAFF FIVE WORKING DAYS NOTICE. THE MEETING IS TAKEN BY THE LINE MANAGER Dear SICKNESS ABSENCE POLICY- FIRST FORMAL MEETING (STAGE 2) I am writing following our previous discussions about your sickness absence from work. We met informally at Stage 1 of the Sickness Absence Policy and I outlined that your level of sickness absence had triggered that meeting. We discussed the importance of reducing the level of your sickness absence and you were aware that further absences could trigger the next Stage of the Policy. As your sickness absence is still causing concern it has triggered Stage 2 the First Formal Meeting under the Sickness Absence Policy. I should like you to attend a meeting with me on *(enter day, time and venue) so that we may discuss your sickness absence more fully. At the meeting I wish to discuss with you, your current level of sickness absence which now amounts to *(enter number) of days sickness absence on *(enter number of occasions) occasions over *(enter number of months) [this may be the number of weeks where long spells have been taken] months and to ensure that you are accessing and receiving all available support in helping you address your health problems. * Enclosed is information about your absence and measures taken to assist you. I will be accompanied at the meeting by *(enter name of member of HR team) and you may if you wish be accompanied by an accredited representative of your trade union, by an official employed by a trade union, or by a fellow worker (not acting in a legal capacity). Please contact my secretary on *(enter telephone number) to confirm your attendance at the meeting. Yours sincerely LINE MANAGER TITLE cc Personal file Encl: Sickness absence information * Please delete/amend as appropriate APPENDIX 12 LETTER OUTLINING THE OUTCOME OF THE FIRST FORMAL MEETING (STAGE 2) Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date ENSURE THAT HIS LETTER IS SENT OUT WITHIN 10 WORKING DAYS OF THE MEETING Dear SICKNESS ABSENCE POLICY – OUTCOME OF THE FIRST FORMAL MEETING (STAGE 2) I am writing with reference to the above held on *(enter date, time and venue) in the presence of *(detail those present, staff organisation representative, if representation was declined, note offer of representation made and declined). At the meeting we discussed your continuing level of absence, the reason(s) for this and support made available for you *(or refer to any action to be taken – see note below) to try to address this. I referred to the continuing difficulties you have experienced in relation to sickness absence *(be more specific) and that *(enter name of person) has previously *(informally) discussed with you on *(enter date). I expressed my concerns with your continuing level of sickness absence which now amounts to *(enter number of days/occasions/during number of months). Whilst being sympathetic with your situation, I pointed out to you the problems this created for work colleagues, the department and service as a whole. Note: If the employee has already been referred to Occupational Health refer to the content of the report received; if there appears to be no medical explanation for the repeated absences make reference to this. If the employee is being referred to Occupational Health, make reference to the need to obtain the medical adviser’s advice, which may be of assistance in addressing the absence issue; confirm the time and date of referral and the need to review the situation once a medical report has been obtained. If some other action is being taken confirm what this is and for how long. Consider Wellbeing initiatives In view of your continuing sickness record, you are being issued with a first formal warning under the Trust’s Sickness Absence Policy. It will be placed on your file for a period of 12 months, if you have a clear period without absence over this time the warning will be disregarded. I informed you that your attendance record will continue to be monitored over the next 12 months and formally reviewed again on a 3 to 4 monthly basis. The next review will be on (date) (unless an earlier review becomes appropriate). *(Detail any agreements reached regarding management assistance to overcome underlying health issues. Also if the member of staff indicated that no underlying health problem exists, or that there is no reason for the absence to continue, record this. We also discussed your future attendance and that the following trigger points will apply: Invoking a formal sickness meeting (Stage 3) to a Senior Manager which are: A further two episodes of absence in a 12 month period. A continued pattern of sickness. A further episode of two weeks sickness in the next 12 month period. The Trust takes a supportive approach in managing sickness absence. However you should be aware that now you have had reached Stage 2 of the policy, future warnings will be triggered with fewer absences. This means that your future employment with the Trust may be at risk if your absences continue at the same level as in the past. I hope that there will now be a significant improvement in both your health and attendance level and should you at any time feel that I might be of assistance in this then please do not hesitate to contact me. You should also be aware that you may access the Occupational Health and Wellbeing Team (01977 605585/605586) at any time. They have a range of Wellbeing initiatives including the Staff Counselling Service (01924 215015). Also, if you feel there is any further support that can be reasonably provided, please discuss this with me. Finally, I trust that this letter is a brief but accurate summary of the interview but if you do not believe this to be the case, then please contact me. If you wish to appeal against this warning, you should write to (*include the name, job title and address of the next level of manager) within 5 working days of the date of this letter. Yours sincerely NAME LINE MANAGER TITLE cc Personal file Human Resources Adviser Next level of manager, name and title * Please delete/amend as appropriate APPENDIX 13 INVITE LETTER TO STAGE 3 FOLLOWING CONCERNS RAISED AT THE SCHEDULED 3 TO 4 MONTHLY MEETING, OR WHERE A TRIGGER POINT HAS BEEN EXCEEDED Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date ACTION: ARRANGE MEETING AND GIVE THE MEMBER OF STAFF FIVE WORKING DAYS NOTICE. THE MEETING IS TAKEN BY THE SENIOR (NOT THE LINE) MANAGER Dear SICKNESS ABSENCE POLICY - SECOND FORMAL MEETING (STAGE 3) At your last meeting with your manager (ADD NAME) where your levels of sickness absence were discussed (include date and time of meeting) your manager (ADD NAME) believed that you had now triggered the next stage (Stage 3) of the Sickness Absence Policy. As a result I am writing to inform you that you are required to attend a meeting with me as this requires a more Senior Manager to take the meeting. This indicates that your level of your sickness absence is now at a more serious stage and it enables me to review your sickness absence and the actions that have been taken so far, in assisting you reduce your levels of sickness absence. I should therefore like you to attend the meeting on *(enter date, time and venue) so that we can discuss your sickness absence more fully. At the meeting I wish to discuss with you, your current level of sickness absence which now amounts to *(enter number) of days sickness absence on *(enter number of occasions) occasions over *(enter number of months) [this may be the number of weeks where long spells have been taken] months and to ensure that you are accessing and receiving all available support in helping you address concerns about your health. Enclosed is information about your absence and measures taken to assist you. I will be accompanied at the meeting by *(enter name of member of HR team) and you may if you wish be accompanied by an accredited representative of your trade union, by an official employed by a trade union, or by a fellow worker (not acting in a legal capacity). You should however also be aware that the outcome could also result in a further warning. Please contact my secretary on *(enter telephone number) to confirm your attendance at the meeting. Yours sincerely NAME SENIOR MANAGER – (See Appendix 2 of the Sickness absence Policy re the level of authority) Encl: Relevant documents regarding absence cc Personal file Human Resources Adviser Name and title (Line Manager) * Please amend as appropriate APPENDIX 14 OUTCOME LETTER FROM THE SENIOR MANAGER (STAGE 3) Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date THIS LETTER MUST BE SENT OUT TO THE EMPLOYEE WITHIN 10 DAYS OF THE MEETING Dear SICKNESS ABSENCE POLICY – OUTCOME OF THE SECOND FORMAL MEETING (STAGE 3) I am writing to confirm the outcome of our meeting on *(enter date, time and venue) in the presence of *(detail those present, if representation was declined, note the offer of representation made and declined), where we discussed concerns regarding your continuing level of sickness absence. I referred to your meetings with your line manager (name) including the meeting held on *(enter date of second stage interview) where you had been advised that your attendance at work would be monitored for 12 months. During this time it was hoped there would be a significant improvement in your level of attendance at work. Unfortunately however, your attendance has not improved and you have exceeded the triggers/criteria set out in the previous warning letter. I draw your attention to the Trust’s Sickness Absence Policy again and the importance of acceptable levels of attendance. http://nww.swyt.nhs.uk/docs/Documents/925.pdf. Your general state of health has been reviewed by the Occupational Health Physician and we discussed the content of the report(s) received. *(If there appears to be no medical explanations for the repeated absence make reference to this. Consider if a re-referral to Occupational Health for more up to date advice may be appropriate. Refer to any measures introduced to help address the absence problem). While I am concerned about your general health and hope that it does improve, I am also concerned about the impact your continuing absences are having on the provision of services and the people you work with. I therefore, have to warn you that unless there is a significant and sustained improvement in your attendance at work, further absences could lead to a Stage 4 Meeting which could lead to the termination of your employment with the Trust. Such a recommendation would be on the grounds that you are not capable of fulfilling the requirements of your contract of employment by maintaining regular attendance at work, which is a reasonable expectation on the part of the Trust. A final formal attendance warning will now be placed on your file for a period of 12 months. During this time the following triggers will lead to you a Stage 4 Meeting A further two episodes of absence in a 12 month period. A continued pattern of sickness. A further episode of two weeks sickness in the next 12 month period. I very much hope that we do not reach this stage, but I have to advise you that your attendance at work will continue to be regularly reviewed every 3 to 4 months by your manager (name). INCLUDE THE REVIEW DATE. I trust that this letter is a brief but accurate summary of our meeting but if you do not believe this to be the case please contact me. You should also be aware that you may access the Occupational Health and Wellbeing Team (01977 605585/605586) at any time. They have a range of Wellbeing initiatives including the Staff Counselling Service (01924 215015). If you wish to appeal against this warning, you should write to (*include the name, job title and address of the next level of manager) within 5 working days of the date of this letter. Finally, I hope your health improves and should you, at any time, feel that I might be of assistance in this matter, please do not hesitate to contact me. Yours sincerely NAME OF SENIOR MANAGER – (See Appendix 2 of the Sickness Absence Policy re the level of Authority) cc Personal file Human Resources Adviser Name and title (Line Manager) * Please delete APPENDIX 15 LETTER FOLLOWING CONCERNS RAISED AT THE SCHEDULED 3 TO 4 MONTHLY MEETING, OR WHERE A TRIGGER POINT HAS BEEN EXCEEDED Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date ACTION: ARRANGE MEETING AND GIVE THE MEMBER OF STAFF FIVE WORKING DAYS NOTICE. THE MEETING IS TAKEN BY THE SENIOR (NOT THE LINE) MANAGER THE MEMBER OF STAFF MUST BE GIVEN FIVE WORKING DAYS NOTICE OF THIS MEETING AND A COPY OF THE MANAGEMENT REPORT Dear SICKNESS ABSENCE POLICY SECOND FORMAL MEETING (STAGE 3) I have been informed by your line manager (ADD NAME) that at your last scheduled meeting on (include date and time of meeting) you discussed your sickness absence levels and your manager (ADD NAME) was concerned that you had now triggered the next stage of the Sickness Absence Policy. Your level of sickness absence has now triggered the Final Formal Meeting under Stage 4 of the Sickness Absence Policy. I should therefore like you to attend the meeting on *(enter date, time and venue) so that we can discuss your level of attendance more fully. At the meeting I wish to discuss with you, your current level of sickness absence which now amounts to *(enter number) of days sickness absence on *(enter number of occasions) occasions over *(enter number of months) [this may be the number of weeks where long spells have been taken] months and to ensure that this is an accurate record of the situation. I am also enclosing the management report regarding your sickness absence. I would like to ensure that you are accessing and receiving appropriate support to help you address the concerns about your sickness absence. As you are aware from the warning at the last Stage of the Policy, the outcome could also result in your dismissal I will be accompanied at the meeting by *(enter name of member of HR team) and you may if you wish be accompanied by an accredited representative of your trade union, by an official employed by a trade union, or by a fellow worker (not acting in a legal capacity). Please contact my secretary on *(enter telephone number) to confirm your attendance at the meeting. Yours sincerely NAME SENIOR MANAGER – (See Appendix 2 of the Sickness absence Policy re the level of authority) Encl: Management Report cc Personal file Human Resources Adviser Name and title (Line Manager) * Please delete APPENDIX 16 LETTER FOLLOWING STAGE 4 CONFIRMING DISMISSAL ON THE GROUNDS OF CAPABILITY Dear SICKNESS ABSENCE – TERMINATION OF EMPLOYMENT NOTE. THIS LETTER SHOULD NOT BE SENT WITHOUT A PRIOR HEARING TAKING PLACE AND SUPPORT FROM AN HR ADVISER Further to our meeting on *(enter date) in the presence of *(detail those present), when you were represented by *(enter name of representative). I am now writing with regard to your sickness record referred to in previous letters to you dated *(enter dates of letters), which warned you of the possible consequences, if your level of attendance did not improve. As you know, your attendance at work has been monitored *(enter number of months and dates from & to). Unfortunately during this time there has been no substantial improvement in your level of attendance, your absence being *(enter number of days) days over the last 12 months. It was therefore, regretfully decided that your employment with the Trust should be terminated on the grounds of incapability, due to ill health, this being effective from *(enter date). With effect from the above date you will receive *(enter number of weeks) weeks payment in lieu of notice at full pay in accordance with the terms of your contract. Your notice paid will be adjusted to take into account any annual leave over taken or payment for annual leave due as appropriate. These payments will be made direct to you. You have the right to appeal against this decision, should you elect to appeal you should do so in writing, to the Director of Human Resources and Workforce Development, Trust Headquarters, Fieldhead, Ouchthorpe Lane, Wakefield, WF1 3SP, within twenty-one days of the date of this letter. Yours sincerely NAME SENIOR MANAGER – (See Appendix 2 of the Sickness absence Policy re the level of authority) cc Personal file Human Resources Adviser * please delete APPENDIX 17 Letter Acknowledging Receipt of Fit Note and Keeping in Touch with their Employee Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date Dear Thank you for forwarding me your fit note dated *(enter date of fit note) covering you for *(enter number of weeks). Note. If fit notes are not being provided on a timely consecutive basis make reference to the need for this or payment may be affected. I am sorry to learn that you are still unwell and unable to attend for work in the immediate future. I hope that your health improves and that you are receiving appropriate care and assistance. I will continue to monitor your absence and will contact you again if you are not able to return to work in the near future. If meanwhile, I can be of assistance, please do not hesitate to contact me. You should also be aware that you may access the Staff Counselling Service or the Occupational Health department, at any time, should you feel it may be of assistance to you *(omit if inappropriate). Note. If the staff counselling service may be of benefit advise the individual of how they may access this service. Yours sincerely NAME TITLE cc Personal file Human Resources Adviser * Please amend as appropriate APPENDIX 18 Arranging to Meet Regarding Long Term Sickness Absence Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date Dear I write to advise you that following your recent referral to Occupational Health on *(enter date). I have now received a medical report. I would like to meet with you to discuss the report and to explore any other options that may be available to you. I would therefore be grateful if you would attend a meeting with me on*(enter time, date and venue) I will be accompanied at the meeting by *(name of accompanying person). You may be accompanied at the meeting by an accredited staff side representative, or a friend or work colleague (who is not acting in a professional capacity), if you so wish. If your medical condition makes it difficult for you to attend the meeting then I am more than happy to visit you at home. On a less formal note, I do hope you are feeling much better than when we last spoke. I would be grateful if you would contact my secretary on *(enter telephone number) to confirm attendance at the meeting or to arrange when a home visit would be convenient for you. Yours sincerely NAME TITLE cc Personal file Human Resources Adviser * Please amend as appropriate APPENDIX 19 Long Term Sickness Progress Letter Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date Dear I am sorry that you are experiencing continued health problems, which prevent you from returning to work and I hope your health improves in the future. I am writing to advise you that your entitlement to full sick pay expires on *(enter date). After this date you will continue to receive sick pay which will be paid at half the normal rate, for a period which will end no later than *(enter date). After 28 weeks your Statutory Sick Pay is no longer be paid by the Trust and you should contact the Government’s Department for Work and Pensions for advice. Note. Manager’s should be aware that if the absence was caused by an industrial injury (ie an injury connected with work), then the above will not be correct. Advice should be sought from your Human Resources Adviser and/or Payroll regarding current pay entitlement before advising the individual. As your absence has lasted for sometime, I propose that we review your progress and discuss options for the future. As a first step, I would like you to see the Occupational Health Physician, so that you can discuss your condition in confidence with him. The Occupational Health Physician will make a report to me indicating when you are likely to be able to return to work. I have made an appointment for you to see the Occupational Health Physician on *(enter date) at *(enter time) at the Occupational Health Department which is situation at *(enter address). Note. If a referral to OH has already taken place a review meeting may be more appropriate at this time. If access to the staff counselling service may help remind individual of how to access this service. If you are not able to keep this appointment, you should contact the Occupational Health Department on *(enter telephone number) and arrange an alternative appointment. When I have received the Occupational Health Physician’s report, I will contact you again with a view to us meeting to discuss this and your future employment and other options available. If in the meantime I can be of assistance please do not hesitate to contact me. Yours sincerely NAME TITLE cc Personal file Human Resources Adviser * please amend as appropriate APPENDIX 20 Ill Health Resignation Letter Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date Dear ILL HEALTH RESIGNATION – NHS PENSION SCHEME APPLICATION Further to our discussion on *(enter date) in the presence of *(list those present, if representation is declined note the offer made and declined), I am now formally writing to confirm the outcome of our discussions. Your sickness absence record referred to in previous letters dated *(list dates) has not substantially improved being *(list number of days) days over the last 12 months. As a result you confirmed that you were no longer able to fulfil your contract of employment and wished to resign from service on the grounds of ill health and asked to make an application for NHS Pension Scheme benefits. I have therefore asked the Trust’s Pensions Manager to contact you so that an application can be made to the Pensions Division at Fleetwood, Lancashire. The Pensions Manager will contact you to advise you if your application has been accepted or not and to confirm your final date of service. It is regretted that your sickness absence record has necessitated this action. I would however like to take this opportunity to **thank you for your service at *(enter location), and to wish you improved health in the future. Yours sincerely NAME GENERAL MANAGER/ASSISTANT DIRECTOR *(AS APPROPRIATE) cc Personal file Human Resources Adviser Pensions Manager * Please amend as appropriate ** It is less appropriate to thank members of staff at this stage, as the Pensions Agency may not approve the pension. Managers should therefore ideally omit this sentence and send a separate letter to the individual, thanking them for their service, once their pension application has been agreed. APPENDIX 21 Personal and Confidential Tel: Fax: Ref: @swyt.nhs.uk Date Letter Terminating an Employee’s Employment on the Grounds of their Incapacity THIS LETTER WILL NEED ADAPTING DEPENDING ON WHETHER THE MEMBER OF STAFF WAS SEEN BY THEIR MANAGER (WHO DOES NOT HAVE THE AUTHORITY TO DISMISS AND CAN ONLY RECOMMEND DISMISSAL), OR BY A SENIOR MANAGER WHO DOES HAVE THE AUTHORITY TO DISMISS Dear I am writing to confirm that following the meeting with you on *(enter date) in the presence of *(list those present), a recommendation has now been made to me by *(enter name of manager) that your employment with the Trust be terminated on the grounds of your incapacity, due to ill health…. Note the manager may want to express sadness at receiving this news particularly if this is a member of staff well known to them however, I understand that you are in agreement with this course of action INCLUDE WHERE THIS IS THE CASE. Include a summary of the dismissal meeting, including options discussed, steps taken so far etc Having reviewed your circumstances in the light of the reports provided by the Occupational Health Physician, and following the discussions with you, I am confirming that I accept this recommendation and therefore my decision to terminate your employment as (enter post title) with effect from *(enter date of meeting). However, your effective date of termination will be *(enter date notice expires) following the expiration of your notice period. Note this will be different if pay in lieu of notice is given. I have notified the Payroll Manager that your last day of employment will be, *(enter date) and that you should receive appropriate payments for: (enter number) Weeks paid notice (enter number) Days annual leave on termination Should you remain unhappy with the decision following your meeting with me and wish to appeal against my decision, you should write to the Director of Human Resources and Workforce Development, Trust Headquarters, Fieldhead, Ouchthorpe Lane, Wakefield, WF1 3SP, within seven working days of the date of this letter indicating the reasons upon which your appeal is based. Finally, may I take this opportunity to thank you for your contribution to the department over the past years and hope that you will soon be enjoying improved health which will enable you to successfully adapt to your new circumstances. Note the manager may want to put a more personal message depending upon the relationship with the individual. Yours sincerely NAME GENERAL MANAGER/ASSISTANT DIRECTOR *(AS APPROPRIATE) cc Personal file Human Resources Adviser Payroll Manager * Please amend as appropriate