Employment Manual

MANAGING ATTENDANCE POLICY AND PROCEDURE

This document applies to all County Council employees (although some aspects may differ for the Fire Service eg Reporting Procedure). The policy is advisory though recommended in schools where Governors/Heads are responsible for managing attendance.

MANAGING ATTENDANCE CONTENTS TABLE MANAGING ATTENDANCE....................................................................................... 2 INTRODUCTION ........................................................................................................ 3

STATEMENT OF FITNESS FOR WORK (FIT NOTE)............................................ 4 RESPONSIBILITIES................................................................................................... 4

DIRECTORS AND ASSISTANT DIRECTORS ....................................................... 4 ASSISTANT DIRECTOR - PEOPLE AND MODERNISATION ............................... 4 MANAGERS ........................................................................................................... 4 EMPLOYEES.......................................................................................................... 4

MINIMUM STANDARDS ............................................................................................ 4 SICKNESS ABSENCE REPORTING PROCEDURE FLOWCHART ...................... 6

FURTHER GUIDANCE ON SICKNESS RECORDING .............................................. 7 SICKNESS ABSENCE PROCEDURES.................................................................. 7

Return to Work Discussion .................................................................................. 7 Other Absences from Work ................................................................................. 7 Medical Appointments ......................................................................................... 7 Communication ................................................................................................... 8 Annual Leave Entitlement in Relation to Sickness Absence................................ 8 Abuse of Sickness Scheme................................................................................. 9 Management Referral.......................................................................................... 9 Capability Procedure ........................................................................................... 9 Sick Pay and Accidents ....................................................................................... 9

SHORT TERM PROCEDURE.................................................................................. 10 TRIGGER POINTS ............................................................................................... 10 STAGE 1: INFORMAL MEETING ......................................................................... 10

Outcomes of Informal Meeting .......................................................................... 11 STAGE 2: FORMAL MEETING............................................................................. 12

Outcomes of Formal Meeting ............................................................................ 12 STAGE 3: FORMAL MANAGING ATTENDANCE HEARING............................... 13

Outcomes of Formal Managing Attendance Hearing......................................... 14 STAGE 4: APPEALS ............................................................................................ 14

LONG TERM ABSENCE PROCEDURE .................................................................. 14 STAGE 1 - INFORMAL MEETING........................................................................ 14 STAGE 2: FORMAL MEETING............................................................................. 15 STAGE 3 – FORMAL MANAGING ATTENDANCE HEARING ............................. 16

Outcomes of Formal Managing Attendance Hearing......................................... 17 STAGE 4: APPEALS ............................................................................................ 17 ACTION ON MEDICAL ADVICE........................................................................... 17

Fit to Return/Phased Return to Work ................................................................ 17 Sustaining the Return to Work........................................................................... 18 Reasonable Adjustments................................................................................... 18 Temporary Alternative Work within Department/Service ................................... 18 Medical Intervention .......................................................................................... 18 Unclear Prognosis/Further Review.................................................................... 19 Unfit to Return for a Prolonged Period............................................................... 19 Medical Redeployment ...................................................................................... 19 Permanently Unfit .............................................................................................. 19

LOCAL GOVERNMENT PENSION SCHEME (LGPS) – ILL HEALTH RETIREMENT................................................................................................................................. 20

MEDICAL SUSPENSION...................................................................................... 20

DISABLED EMPLOYEES ..................................................................................... 21 Reasonable Adjustments................................................................................... 22 Disability Related Absences .............................................................................. 23 Disability Leave ................................................................................................. 23 Disability Related Sick Absence ........................................................................ 23 Terminal Illness ................................................................................................. 23

SUPPORT ORGANISATIONS FOR EMPLOYERS AND EMPLOYEES............... 24 LCC Employee Support and Counselling Service ............................................. 24 Shaw Trust ........................................................................................................ 24 Access to Work ................................................................................................. 24 Workstep ........................................................................................................... 24 Health Promotion and Wellbeing Events ........................................................... 24

FURTHER INFORMATION ...................................................................................... 24 APPENDIX 1 - SHORT TERM ABSENCE PROCEDURE FLOWCHART............. 26 APPENDIX 2 - LONG TERM ABSENCE PROCEDURE FLOWCHART............... 27 APPENDIX 3 – MANAGERS’ GUIDELINES FOR MEDICAL REDEPLOYMENT . 28

INTRODUCTION The objective of this policy is to establish a simple and fair procedure for managing the attendance of Council employees and to ensure that there is information on the causes of sickness absence, levels, trends and problem areas to: contribute towards providing a healthy working environment enable effective management of attendance enable the County Council to provide reports as required identify work related causes of absence ensure that appropriate paid sick leave is available. This will take place through: ensuring that all employees understand and follow sickness reporting

arrangements conducting return to work discussions with employees after every episode of

absence considering 'reasonable adjustments' for employees (where applicable) monitoring absence records and taking action at the specific trigger points discussing work and family life balance Employees will be treated compassionately as well as fairly. Information received will be treated confidentially. The basis for management practice is prompt and relevant information about sickness levels, trends and problem areas. The information from sickness absence will be analysed by the Assistant Director - People and Modernisation on a quarterly basis to enable strategic planning for occupational health and health and safety. This policy is part of the Council’s overall strategy on promoting the health and wellbeing of employees. The strategy is supported by various employment policies such as Special Leave, Flexible Working and Disability Leave and also Health

Promotion events, relevant health related staff benefits, all of the services provided by our Occupational Health, and the Employee Support and Counselling Service. Short term absence is normally identified as absence that has no underlying long term medical condition and is attributable to minor ailments. Often the employee will only be absent for a few days in each episode. In some cases a pattern can be identified which could be related to a disability or long term condition. However, absences that are medically certified or attributable to a disability or long-term medical condition can still be regarded as short term absences. Long term absence is normally identified as an absence from work with an underlying medical condition for one month (or more) and/or where there is no prospect of a return to work for the employee in the near future.

STATEMENT OF FITNESS FOR WORK (FIT NOTE) From 6th April 2010 GPs will no longer issue a Med 3 “sickness certificate.” They will now issue a Fit Note. In summary the GP will state whether the employee is either: 1) not fit for work or 2) fit for work with some adjustments.

RESPONSIBILITIES

DIRECTORS AND ASSISTANT DIRECTORS Establishing an attendance culture where absence is recognised as an important factor affecting the efficient running of the County Council. Ensuring managers follow the County Council’s procedure for managing Short Term and Long Term Absence. Communicating policies and procedures to all employees.

ASSISTANT DIRECTOR - PEOPLE AND MODERNISATION Review and updating of the policy. Producing guidance for managers to carry out good practice and meet their responsibilities.

MANAGERS Ensuring they manage their employees attendance sensitively by taking into account work/personal related issues and in accordance with the procedure for Short Term and Long Term Absence.

EMPLOYEES Ensuring they adhere to their responsibilities as outlined within this policy.

MINIMUM STANDARDS All managers will ensure the following take place: Sickness absence information is collected, recorded and reported as required. Return to work discussions are held with individual employees and their manager

following every episode of absence.

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'Reasonable adjustments' are considered for disabled employees/ employees with underlying medical condition. Reasonable adjustments could also be considered for employees without an underlying medical condition, for example following a DSE type assessment if a new chair were required.

All employees are made aware of the sickness reporting arrangements. Referrals are made to Occupational Health appropriately as determined by the

long-term absence and short-term absence procedure. Take a holistic approach to managing attendance recognising that some

absences are attributed to domestic or other personal reasons and ensure that employees are aware of other supporting policies such as special leave, disability leave and possible flexible working arrangements to avoid the inappropriate reporting of sickness absence.

Updated June 2010

SICKNESS ABSENCE REPORTING PROCEDURE FLOWCHART

On first day of absence the employee should report absence to line manager/supervisor as soon as possible, preferably before, but no later than within one hour of normal starting time.

Manager to complete the electronic sickness form (Corporate/E-Forms) or inform Business Support, where this arrangement is in place.

Care should be taken to select the correct reason for absence in order to allow accurate reporting.

On fourth day of illness the employee should make contact with their line manager to confirm the position and advise of expected date of return. Where no contact by the

employee is made, the line manager will contact the employee.

On eighth day of illness the employee should obtain a fit note and submit this to their line manager immediately.

Employee should also: Notify their manager at the earliest opportunity if they are sick on a day that they would not normally work*

or during annual leave. If they fall sick during annual leave they will be eligible to reclaim leave from the date of a fit note.

Notify their manager when they become fit for work even if this is a day that they would not normally work or during annual leave.

* This is because Statutory Sick Pay is calculated over all 7 days of the week regardless of whether the person is scheduled to work.

If the employee considers the illness arose from an accident at work they must notify their line manager, so that the manager can complete the accident reporting form PO3 available on the County Council’s intranet site.

Line manager must: Update electronic sickness form Conduct the return to work discussion Identify if employee has triggered the short or long term procedure, if so follow the Managing Attendance Policy.

If the employee fails to report sickness appropriately, they will be

subject to the County Council’s Disciplinary Procedure.

On receipt of a Fit Note which indicates ‘may be fit’ (with some changes in the workplace)

Employee must contact their line manager to discuss. Manager considers changes and carries out risk assessment.

On the employee’s return to work they should: Report their return to work to the line manager. Attend a return to work discussion with line manager.

FURTHER GUIDANCE ON SICKNESS RECORDING Managers should: Not record absences for dental and medical appointments, maternity leave,

disability leave or parental leave using the sickness absence procedure. Please refer to the Maternity Leave Policy, Disability Leave Policy or Special Leave Policy for further guidance in these cases.

Indicate on the sickness absence record where the absence has resulted from a work related accident or disease (see also document G4) and complete a PO3 form as required.

SICKNESS ABSENCE PROCEDURES

Return to Work Discussion Employees will be required to have a return to work discussion with their immediate line manager after every episode of absence. The aim of the discussion is to establish the reason for absence, update the employee, enquire about the welfare of the employee, address any work related causes for absence etc. This discussion does not necessarily need to take place on face to face basis and can be conducted by telephone where managers/employees cover a wide geographical area. However the discussion will be recorded in accordance with the Return to Work Interview Form. In circumstances where the employee’s attendance becomes a cause for concern i.e. reaches a trigger point below, this discussion will become a Stage 1 informal meeting (see below) and will be recorded as such.

Other Absences from Work The council, in its role as an employer, has developed a wide range of family friendly policies and procedures to help employees balance the demands of home and work life. It is important that employees are made aware of these policies and that they are applied fairly and consistently as they are an important aspect of attendance management. These policies provide a supportive framework to enable employees to take time off for specific reasons and within prescribed time limits. The councils leave polices include: Disability leave Leave for personal reasons, parental, bereavement, caring for others, family

needs (Special Leave) Reservists and Volunteers Adoption leave Maternity leave Paternity leave

Medical Appointments Employees should arrange Doctors/dentists/optician visits to take place outside core time. Flexi time should be used if the appointment is within core time.

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However, when unavoidable, employees will be allowed time off during work time, subject to the agreement of their line manager. Requests will be considered on an individual basis. Hospital appointments are considered authorised absence and time off will be paid. Employees should provide their manager with proof of their appointment (e.g. an appointment card or copy of the appointment letter) when requesting time off to attend hospital appointments. Time off to accompany dependants should normally be taken as annual leave or flexi time unless there are exceptional circumstances where paid time off is appropriate. Time off for cosmetic surgery should be taken from employees own leave entitlement or flexi time unless the GP states that an employee is unfit and should refrain from work. Leave to undertake IVF treatment would be expected to be taken as Special Leave for Family or Personal Reasons.

Communication When an employee is absent from work for a long term (one month or more), the employee’s line manager or another appropriate person will maintain at least monthly contact with the employee throughout their absence, even where they are subject to regular review by Occupational Health. The employee will also be made aware of the services of Employee Support and Counselling. All meetings with an employee at all stages of this process, about the way forward and/or as a result of medical advice from Occupational Health will be recorded in writing, either by a letter to the employee confirming the main points of the discussion, or by sending the employee a copy of the notes of the meeting. At such meetings employees will also be offered the opportunity of being accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative and, if required, the manager may request a HR Adviser to be present.

Annual Leave Entitlement in Relation to Sickness Absence Where an employee requests a payment for annual leave to be paid to them during a period of sickness absence this should not be granted. Where an employee returns to work in the current leave year, every effort should be made to encourage them to take their remaining contractual annual leave entitlement to assist with their rehabilitation back to work. Should they be unable to take all of the leave, they are allowed to carry it forward into the new leave year. Where an employee returns to work in a new leave year, they still have the right to the contractual annual leave they accrued whilst off sick during the previous leave year, which they should be allowed to carry forward into the new leave year. However, it is recommended that the employee be encouraged to take most or all of

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this leave in a block in the first month after their official return to duty date or to assist with extending a phased return to work. Where an employee falls sick during the course of annual leave they shall be regarded as being on sick leave from the date of the GP’s Fit Note. Managers should refer to HR for any further advice.

Abuse of Sickness Scheme In cases where abuse of the sickness policy is suspected, which may include failure to report sickness absence at the appropriate time; non-attendance at an Occupational Health appointment without reasonable cause; failure to submit Doctor’s fit note at the appropriate time; submission of forged or false fit notes; deliberate conduct prejudicial to the employee’s own recovery; or due to the employee’s misconduct or neglect, sick pay may be suspended and consideration maybe given to disciplinary action. Advice from HR must be sought in these cases.

Management Referral (See also document G10.5 Management Referrals) Management referrals will be made where it is clear from the beginning of an absence that the employee is unlikely to return to work in the near future or where an employee is attending work but they may have a medical problem that is, or could, potentially impact on their role or their future absence at work. An employee shall, if required by the authority at any time, submit to a medical examination by a medical practitioner nominated by the authority, subject to the provisions of the Access to Medical Reports Act 1988 where applicable. Any costs associated with the examination should be met by the employing authority. Where it is necessary to obtain a second medical opinion, it should be provided by an independent medical referee. Where the employee declines to attend such a consultation, the referring manager needs to explain to the employee that without an Occupational Health report (minimum essential information); management decisions will be made using the information available to them.

Capability Procedure If following an absence the employee’s GP signs them fit to return to work but there is concern about them being able to undertake their substantive duties, the referring manager may request a further consultation with Occupational Health in order to see if there is anything further the Council can do to support the employee. Whilst Occupational Health advice is sought it may be necessary to medically suspend the employee (refer to Medical Suspension Section). If Occupational Health confirms that the individual is fit to carry out all duties of their substantive post, the manager may decide to invoke the capability procedure. HR advice must be sought in these cases.

Sick Pay and Accidents In accordance with the Local Scheme of Conditions of Service an employee who is absent from work as a result of an accident is not entitled to a sick pay allowance if damages may be receivable from a third party. The County Council may at its

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discretion advance the allowance provided the employee agrees to refund the amount from any damages awarded. Managers should notify People Services of such circumstances.

SHORT TERM PROCEDURE (See Appendix 1 - short term absence procedure flowchart) Frequent short term absence has a significant effect on productivity and/or service provision and it is important to reduce this type of absence as far as possible due to the detrimental effect on teams and morale.

TRIGGER POINTS The County Council deems the following absences as a cause for concern: 4 or more episodes of sickness absence in every rolling 12 month period and/or 12 working days of sickness absence in every rolling 12 month period and/or Where the number of absences in a short period warrants immediate action, e.g.,

3 episodes or 9 days in 6 months A pattern of absence which is causing concern, for example regular Friday or

Monday absences or absences regularly occurring on a particular day/week. The trigger points for part time employees will be pro rata to the number of days worked, but not the number of occasions. For example if the employee works 18.5 hours per week over two and a half days (half the ‘standard’ week) the trigger point would be 6 working days in a 12 month period or 4.5 days in 6 months (this could be within one episode). If however, the employee works 25 hours per week over 5 days (5 hours per day) the trigger point will remain at 12 working days. When an employee’s absence reaches the triggers points listed above, managers should follow the staged process outlined below. NB: for disabled staff, please see further guidance below. Disability Leave, other types of Special Leave and Pregnancy related sickness should not be counted towards the trigger points outlined above.

STAGE 1: INFORMAL MEETING Where an employee’s attendance meets the County Council Trigger Points, the employee will be invited to attend an informal meeting with their line manager. In most circumstances the employee should not be referred to Occupational Health until this meeting has taken place. At the informal meeting the employee will be provided with a list of their absences, with reasons and advised that their level of attendance at work is a cause for concern. At the meeting other areas possibly associated with the absences will also be explored, e.g. are the absences caused by a disability or personal, family or work related problems. Reference should be made to other supporting policies such as Disability Leave and Special Leave. Once a full discussion has taken place with the employee about the nature of the absences and possible reasons why, the employee may be referred to Occupational Health (see document G10.5 Management Referrals). If applicable, the aim of the

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referral will be to establish whether the employee has a short term absence problem, or, whether as a result of the informal meeting, the employee has an underlying health problem, which was not previously identified and to advise on possible reasonable adjustments. Once the medical report is received from occupational health (if appropriate) the employee will be invited in writing to meet their line manager to conclude the informal meeting. At this meeting, if they wish, the employee may be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative'. Should a referral to occupational health not be required at this stage, the manager can conclude the informal meeting and decide on the appropriate outcome, see below.

Outcomes of Informal Meeting There are two possible outcomes: The first is where a short term absence problem is identified by the manager (i.e. where there is no underlying medical condition or disability) the employee will be advised that their attendance is unacceptable and that there must be an immediate and sustained improvement. The sustained improvement will be to reduce the level of sickness absence to below the Council’s trigger points (or to the trigger point agreed). They will also be advised that should their attendance not significantly improve they will be subject to a formal meeting with their senior manager and thereafter should their attendance still not improve they could be dismissed by a member of the Directorate Management Team (DMT) or another manager who has the authority to dismiss. The employee will be advised in writing of the main points of the meeting (including details of the level of improvement expected). The second possible outcome is where an underlying medical condition is confirmed, the employee will be supported through the document G26.1 Employees with Disabilities or Ill Health but will continue to be managed through the short term absence procedure, with appropriate “reasonable adjustments” (see section below). In both circumstances (above), a monitoring period of 2-4 months should be set in order to review the employee’s attendance. The monitoring period may be brought to an end earlier if the employee fails to meet the level of attendance required. At the end of the monitoring period the manager will meet with the employee to review their absence and decide whether: the employee’s attendance has reached the level required and they are required

to maintain this level of attendance. This decision will remain ‘live’ for one year and therefore if the satisfactory improvement proves only to be of a temporary nature then the manager has the option of returning immediately to this point in the procedure

the monitoring period should be extended

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the level of attendance has not reached the required level and the employee will be subject to Stage 2 - Formal Meeting.

Notes of the review should be made and a copy given to the employee. The employee may be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative.

STAGE 2: FORMAL MEETING If following the review of the informal meeting an employee fails to provide an immediate and sustained improvement in their attendance within 2-4 months, the employee will be invited in writing to attend a formal meeting to discuss the way forward with their line manager and senior manager. At the meeting the employee can be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative and, if required, the senior manager may request a HR Adviser to be present. Prior to a formal meeting, the employee will be given a full list of their absences and copies of records of return to work discussions since the informal review meeting and advice from occupational health (if appropriate). If a referral to occupational health has not taken place at this stage then the manager is advised to complete a management referral in order to be provided with all appropriate information on the employee’s absences. At the meeting, the employee will be required to give an explanation as to why their attendance has not improved and the line manager will be required to demonstrate what action and discussion has taken place with the employee.

Outcomes of Formal Meeting If the employee’s senior manager is satisfied that the absences are attributable to short term sickness and the line manager has undertaken everything possible, he/she will advise the employee of the following: their absence record is still unsatisfactory and they require an immediate and

sustained improvement over the next 2-4 months. (i.e. to reduce the level of sickness absence to below the Council’s trigger points or agreed timescale)

the manager may require an employee to produce a GP’s Fit Note from the first day of each period of sickness absence, during the monitoring period (any cost incurred will be reimbursed in full by the Council, but must be contained within individual department budgets)

should there not be an improvement within the next 2-4 months, the employee will be required to attend a Final Hearing with a manager from DMT or another manager who has the authority to dismiss.

During the formal meeting, the senior manager can also suggest other options to try and improve the employee’s attendance or whether reasonable adjustments are required. If the employee’s senior manager is not satisfied that the absences are attributable to short term sickness and/or the line manager has not taken satisfactory action, he/she can consider the following options: the need for further involvement of Occupational Health

further extend the review period and agree to meet again should there not be an significant improvement

consideration of other reasonable adjustments. The outcome of the formal meeting will be confirmed in writing to the employee (including details of the level of improvement expected). Where sickness absence patterns emerge, or where it is believed that absences are not attributable to genuine sickness, this will be investigated through the Disciplinary Procedure. At the end of the monitoring period the manager will meet with the employee to review their absence and decide whether: the employee’s attendance has reached the level required and that they are

required to maintain this level of attendance. This decision will remain ‘live’ for one year and therefore if the satisfactory improvement proves only to be of a temporary nature then the manager has the option of returning immediately to this point in the procedure

the monitoring period should be extended for a further period (in exceptional circumstances)

the level of attendance has not reached the required level and the employee will be subject to Stage 3 Formal Hearing.

Notes of the review should be made and a copy given to the employee. The employee may be accompanied to the review meeting(s) by an LCC work colleague, recognised trade union officer or recognised trade union representative.

STAGE 3: FORMAL MANAGING ATTENDANCE HEARING If following the review of the formal meeting, the employee still fails to provide an immediate and sustained improvement in their attendance within the next 2-4 months, the employee will be invited in writing to attend a formal hearing with their senior manager and DMT manager (or equivalent*). At the hearing the employee can be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative and the DMT manager will be assisted by an HR Adviser. Prior to a formal hearing, the employee and DMT manager will be given a copy of the written outcome of the formal meeting(s), a full list of absences, copies of records of return to work discussions since the formal meeting, and the advice from occupational health. The employee will also be advised that a possible outcome of the hearing is their dismissal on the grounds of ‘medical incapability’ or ‘some other substantial reason’. At the formal hearing, the employee will be required to give an explanation as to why their attendance has not improved and the senior manager will be required to demonstrate what action, adjustments and discussion has taken place with the employee throughout the informal and formal management of the employee’s absence. * The DMT (or equivalent manager) may delegate this responsibility to the Senior Manager. However, in these circumstances they should give the Senior Manager

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their written authorisation to action a dismissal if appropriate prior to the Final Hearing.

Outcomes of Formal Managing Attendance Hearing If the employee’s DMT manager is satisfied that the absences are attributable to short term sickness only and everything has been reasonably undertaken by the employee’s line manager and senior manager, he/she will be able to dismiss the employee with notice on the grounds of ‘some other substantial reason’ (where no underlying medical condition is identified) or ‘medical incapability’ where an underlying medical condition is identified. If the employee’s DMT manager is not satisfied that the absences are attributable to short term sickness and/or that the line manager and senior manager have not taken satisfactory action, he/she can consider the following options: the need for further involvement of occupational health extend the review period and agree to meet again (with the employee notified of

the possibility of dismissal) should there not be a significant improvement the employee has reached the required level of attendance and no further action

is required. This decision will remain ‘live’ for one year and therefore if the satisfactory improvement proves only to be of a temporary nature then the manager has the option of returning immediately to this point in the procedure

the outcome of the Formal Managing Attendance Hearing will be confirmed in writing to the employee and include details of the appeal process.

STAGE 4: APPEALS An employee has the right to appeal against any formal action taken against them under this procedure. If the employee wishes to appeal they must do so in writing within 10 working days of the date on which the decision is confirmed in writing. If an employee wishes to appeal the Appeals Policy must be applied. Once the decision to dismiss has been made and notice has been issued, the manager may advertise to recruit to the post, once it has been confirmed by HR that the employee has not submitted a written notification of an appeal against the decision.

LONG TERM ABSENCE PROCEDURE (See Appendix 2 - long term absence procedure flowchart) Long term absence is defined as absence of 1 month or longer Where an employee is or is likely to be on long-term absence as described above there is a duty for the manager to maintain regular contact with the employee to keep up to date with their condition and general well-being, to provide them with support and to assess whether there is any change to the individual’s circumstances. This may occur through informal meeting/s or telephone conversations. Progression to formal action may not be necessary if the return to work is imminent.

STAGE 1 - INFORMAL MEETING When an employee has been absent from work for one month or longer the manager should meet with the employee and discuss their absence.

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The purpose of the meeting will be to discuss: The nature of the employee’s ill health. A Management Referral to the Occupational Health department. A likely return to work date/ improvement in attendance. Any support the manager is able to give and the details of the Employee Support

and Counselling Service and other Support organisations such as Access to Work and Shaw Trust.

Consideration of returning to work in a different capacity until fully fit to resume normal duties which is likely to form part of the GP’s advice on the Fit Note.

Reasonable adjustments for employees with disabilities (see below). Pay status if appropriate i.e. date of when reduced to half/nil sick pay. Explain to the employee the process of formal monitoring during long term

absence and that the process can ultimately lead to dismissal. A monitoring period of 2-4 months should be set in order to review the employee’s

absence. If the manager feels that progress is being made and an early return to work/improvement is likely, no further action is required except for a referral to the Occupational Health Department to confirm fitness to return to duty. If there is concern about the employee’s ongoing health and likely recovery, a Management Referral should be made to Occupational Health for advice. A further meeting should be arranged when the Occupational Health report is received to review the advice The outcome of the meeting will be confirmed in writing to the employee.

STAGE 2: FORMAL MEETING If the employee is still absent at the end of the review period they will be invited to attend a formal meeting to discuss the way forward with their line manager and senior manager. The meeting will be arranged at a suitable venue which will usually be the employee’s place of work but in some circumstances (depending on the employee’s health and well-being) this may be held at the employee’s home.. At the meeting the employee can be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative and, if required, the senior manager may request a HR Adviser to be present. Prior to a formal meeting, the employee will be given a full list of their absences and copies of any discussions since the informal review meeting and advice from occupational health (if appropriate). If a referral to occupational health has not taken place at this stage then the manager is advised to complete a management referral in order to be provided with all appropriate information on the employee’s absences. The purpose of the meeting will be to discuss: Any progress or improvements in the employee’s health. Occupational Health advice received, particularly in relation to any adjustments,

changes in hours or duties, or specialist equipment which have been recommended.

A likely return to work date.

Any support the manager is able to give and the details of the Employee Support and Counselling Service and other Support organisations such as Access to Work and Shaw Trust.

Consideration of returning to work in a different capacity until fully fit to resume normal duties which is likely to form part of the GP’s advice on the Fit Note.

Reasonable adjustments for employees with disabilities http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf.

Whether temporary or permanent redeployment should be considered (if this is the case a 3 month formal period should be set – see section on Medical Redeployment below).

Whether the employee is a member of the pension scheme and permanent ill health retirement should be considered.

Pay status if appropriate i.e. date of when reduced to half/nil sick pay. A further monitoring period of 2-4 months should be set in order to review the

employee’s absence at which time employee will be required to attend a Formal Managing Attendance Hearing.

It should be made clear to the employee that if at the end of the monitoring period they have been unable to return to work or the prognosis is still unclear or redeployment has not been successful then at the next stage of the procedure (the Formal Managing Attendance Hearing) their dismissal on the grounds of medical incapability may be considered.

If the employee’s senior manager is not satisfied that the absences are attributable to long term sickness and/or the line manager has not taken satisfactory action, he/she can consider the following options: the need for further involvement of Occupational Health further extend the review period and agree to meet again should there not be an

significant improvement consideration of other reasonable adjustments. The outcome of the Formal Meeting will be confirmed in writing to the employee.

STAGE 3 – FORMAL MANAGING ATTENDANCE HEARING If the employee is still absent at the end of the second review period they or redeployment has not been possible will be invited to attend a Formal Managing Attendance Hearing with their senior manager and DMT manager (or equivalent)* where consideration will be given to dismissing the employee on the grounds of medical incapability (see document Ill Health Checklist). * The DMT (or equivalent manager) may delegate this responsibility to the Senior Manger. However, in these circumstances they should give the Senior Manager their written authorisation to the dismissal prior to the Final Hearing. The meeting will be arranged at a suitable venue which will usually be the employee’s place of work but in some circumstances (depending on the employee’s health and well-being) this may be held at the employee’s home. At the meeting the employee can be accompanied by an LCC work colleague, recognised trade union officer or recognised trade union representative, and the DMT (or delegate) manager will be assisted by an HR Adviser.

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Prior to a Formal Managing Attendance Hearing, the employee and DMT (or delegate) manager will be given a copy of the written outcome of the Formal Meeting(s), a full list of absences, copies of records of return to work discussions since the Formal Meeting, and the advice from occupational health (if appropriate). The employee will also be advised that a possible outcome of the meeting is their dismissal on the grounds of ‘medical incapability’. Prior to the meeting the line manager must ensure that they have obtained recent advice from Occupational Health and followed the Ill Health Checklist. At the Formal Managing Attendance Hearing, the employee will be required to give an explanation as to why their attendance has not improved and any mitigating circumstances. The senior manager will be required to demonstrate what action, adjustments and discussion has taken place with the employee throughout the informal and formal management of the employee’s absence.

Outcomes of Formal Managing Attendance Hearing If the employee’s DMT (or delegate) manager is satisfied that the absences are attributable to long term sickness only and everything has been reasonably undertaken by the employee’s line manager and senior manager, he/she will be able to dismiss the employee with notice on grounds of ‘medical incapability’ where an underlying medical condition is identified. If the employee’s DMT (or delegate) manager is not satisfied that the absences are attributable to long term sickness and/or that the line manager and senior manager have not taken satisfactory action, he/she can consider the following options: the need for further involvement of occupational health extend the review period and agree to meet again (with the employee notified of

the possibility of dismissal) should there not be a significant improvement. The outcome of the Formal Managing Attendance Hearing will be confirmed in writing to the employee and include details of the appeal process.

STAGE 4: APPEALS An employee has the right to appeal against any formal action taken against them under this procedure. If the employee wishes to appeal they must do so in writing within 10 working days of the date on which the decision is confirmed in writing. If an employee wishes to appeal the Appeals Policy must be applied. Once the decision to dismiss has been made and notice has been issued, the manager may advertise to recruit to the post, once it has been confirmed by HR that the employee has not submitted a written notification of an appeal against the decision.

ACTION ON MEDICAL ADVICE A medical report from Occupational Health will usually advise one of the following options:

Fit to Return/Phased Return to Work (See document G26.1 Employees with Disabilities or Ill Health and G10.12 Rehabilitation following Long Term Ill Health)

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The best outcome for employees and managers after a long-term absence is a successful return to work. Initially this may be on a phased basis in order to integrate the employee back into the working environment. A phased return is usually for no more than 4 weeks, during which time the employee is paid on full pay. If the GP recommends a phased return of more than 4 weeks the manager should consider whether this can be accommodated and paid on full pay. Options to consider are the use of annual leave, flexi time, time off in lieu and disability leave (if applicable) to extend the normal 4 week phased return. Further information on phased returns can be found in the document G10.12 Rehabilitation following Long Term Ill Health). A return to work discussion should take place to agree a rehabilitation programme that will best meet the needs of both the employee and the service. Consideration as to whether reasonable adjustments are required should be given at all times.

Sustaining the Return to Work When the employee returns to work they are expected to maintain a satisfactory level of attendance. This decision will remain ‘live’ for one year and therefore if the satisfactory improvement proves only to be of a temporary nature then the manager has the option of returning immediately to the point in the long-term absence procedure the employee had reached when they returned to work. Where an employee returns to work following a period of long-term absence (i.e. over 1 month) they will have also exceeded the trigger points under the Short Term Absence Procedure and further short term absence will be managed under this procedure. If the employee had previously been managed under the Short Term Absence procedure prior to being absent on long term sickness they will return to the point in the procedure they had previously reached.

Reasonable Adjustments See further guidance below.

Temporary Alternative Work within Department/Service This may be considered in cases where an employee is unable to perform the full range of his/her duties but is able to attend work and undertake restricted duties or alternative duties for a temporary period, in the expectation that they will be able to resume full duties in the near future. Temporary alternative work of this nature will normally be part of a planned and timetabled rehabilitation package, incorporating advice from the GP on the Fit Note and/or advice from Occupational Health. A temporary change to a contract for the duration of the GP’s fit note does not constitute a variation of terms and conditions.

Medical Intervention Occupational Health may advise the use of a physiotherapist or payment of certain hospital diagnostic procedures etc. to either assist the employee return to work sooner or help the employee remain at work, whilst their medical condition is treated (see document G10.5 Management Referral and G10.11 Physiotherapy Referral).

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Unclear Prognosis/Further Review Where an employee's prognosis is unclear, Occupational Health will normally undertake a further assessment at a specified time in the future, e.g., 3 months. Usually in such circumstances this will be a case of “wait and see” until the next review.

Unfit to Return for a Prolonged Period Where an employee is deemed unfit to return to their substantive post for a prolonged period* (usually for at least 12 months), if not specified, advice should be sought from Occupational Health whether redeployment can be considered. * Occupational Health usually refer to this as not being able to return for the “foreseeable future”. If redeployment cannot be considered or after a reasonable period, e.g. 3 months, the search for alternative employment is unsuccessful, then the employee will be invited to attend a Stage 3 Formal Managing Attendance Hearing with their Senior Manager and a representative from DMT where consideration will be given to dismissing the employee with notice on grounds of medical incapability (see document Ill Health Checklist).

Medical Redeployment (See Appendix 3 - Redeployment Flowchart) In the circumstances described above where an employee is either unfit for a prolonged period (i.e. the “foreseeable future”), there is an unclear prognosis, or if they are permanently unfit to undertake the duties of their substantive post but may be fit (on the advice of Occupational Health) to work in a different post there will be a formal period to seek redeployment (of at least 3 months). A positive approach should be taken to try and redeploy the employee. Managers should be aware of the requirements of the Disability Discrimination Act 1995 and the need to make reasonable adjustments to assist an employee to continue in work. Additionally, under the Positive about Disability Scheme, the Council is committed to retaining employees who become disabled. (See the Positive about Disability Scheme). An employee, who should, following medical advice, be redeployed to another post, will have a right to a priority interview for posts up to and including their current grade where they match the basic requirements, or would do so, given suitable training, with the exception of promotional opportunities. No salary protection will be applied in these circumstances. Every effort should be made to secure alternative employment before the expiry of entitlement to sick pay. Managers should be aware that an employee who has been found unfit to continue in their substantive post and who fails to secure alternative employment will face dismissal from the County Council and therefore such redeployment will be treated as seriously as potential redundancy. See the Redeployment Policy.

Permanently Unfit Where the employee is deemed permanently unfit and Occupational Health confirm that redeployment is not possible, the employee will be invited to attend a Formal

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Managing Attendance Hearing with their Senior Manager and a representative from DMT where consideration will be given to dismissing the employee with notice on grounds of medical incapability or medical incapability (permanent ill health) (see document Ill Health Checklist) with the release of appropriate pension benefits (if applicable).

LOCAL GOVERNMENT PENSION SCHEME (LGPS) – ILL HEALTH RETIREMENT Subject to the employee being a member of the Pension Scheme and if Occupational Health has advised that an employee is unable to return to their current role and redeployment is not an option, termination on the grounds of medical incapability (permanent ill health) may follow. In addition, where attempts to redeploy have been unsuccessful it may also be appropriate to terminate the employment contract on these grounds. Assessment of pension benefits is separated from Occupational Health advice, and is conducted by another Occupational Health Physician termed the “independent registered medical practitioner”. The process of dismissal on the grounds of medical incapability may proceed at the same time as the pension eligibility is considered. Permanent ill health under the scheme occurs where the independent registered medical practitioner finds the employee. “is/is not suffering from a condition that renders him or her permanently incapable* of discharging efficiently the duties of the relevant employment because of ill health or infirmity of mind and body”. * Permanently incapable means that all possible treatment options have been considered and/or undertaken. If the independent registered medical practitioner confirms the employee is eligible for ill health retirement then they will determine which of the 3 tiers of pension should be awarded (see below): Tier 1 – he/she has no reasonable prospect of being capable of gainful employment before age 65. Tier 2 – he/she is not capable of any gainful employment for at least three years but has a reasonable prospect of being capable of gainful employment before age 65. Tier 3 – he/she is or will be capable of obtaining gainful employment within three years. If the employee does not agree with the decision of the registered medical practitioner the Independent Disputes Resolution Procedure (IDRP) allows for a review of any new medical evidence presented once employment has ended. Further information is available from the Pensions Department.

MEDICAL SUSPENSION In certain circumstances it may be appropriate to suspend an employee from duty. For example, medical suspension may apply where the employee and their GP consider they are fit to return to work, without any adjustments/modifications and HR

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believe they are not and therefore would like further clarification from occupational health before allowing the employee to return back to work. If the GP recommends any adjustments which the Manager cannot accommodate, employees will remain off sick for the period or the dates or the period specified on the Fit Note’. Medical suspension could also apply where the manager believes the employee is not fit to attend work but the employee refuses to go on sick leave, and therefore the manager may medically suspend the employee until occupational health advice is received. Wherever possible, prior to initiating medical suspension, alternatives such as temporarily adjusting the employee’s substantive duties or temporary redeployment to another role/relocation or working from home should be carefully considered with advice from the GP. It would be appropriate to undertake a risk assessment, Workplace Assessment and DSE Assessment as appropriate. Any decisions to medically suspend would need to be based on sound justification and the Manager should be able to demonstrate this through a Risk Assessment. Having considered the views of the employee the manager should be able to clearly explain the reasons for their decision. If it is considered that there are sufficient grounds to suspend, written approval must be given by a Head of Service (or above).The line manager should convene a suspension interview as soon as possible after the decision has been made, which should be followed up in writing. The employee has a right of representation at the suspension interview. However, the unavailability of a representative must not delay convening the suspension interview or the suspension itself. If the need to medically suspend the individual is urgent and it is not possible to convene a face to face meeting the manager may telephone the employee to inform them of the medical suspension and follow up the discussion in writing. Medical suspension will be on contractual pay and does not impact on sick pay. Review of medical suspension should take place once the required medical information is provided by Occupational Health. If the required information is received from Occupational Health in that the employee is able to return to work, the medical suspension will be lifted.

DISABLED EMPLOYEES The employment provisions of the Disability Discrimination Act (DDA), make it unlawful to discriminate in employment for a reason relating to an employee’s disability without justification. This means that an employee with a disability must not be treated less favourably than any other employee without justification. The DDA defines disability as a physical or mental impairment, which has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities.

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Line managers must have an open discussion with the employee. If there are problems with an employee’s attendance and an underlying medical condition or disability is identified, advice should be sought from Occupational Health Services (OHS), via the HR Adviser. The OHS may be able to suggest reasonable adjustments that could be made to either the physical place of work, or the work itself.

Reasonable Adjustments Under the DDA, employers must consider and make reasonable adjustments or changes, where appropriate to ensure that a person with a disability is not at a substantial disadvantage compared to someone who is not disabled. A number of factors influence whether it is reasonable for an employer to make changes, including: How much the alteration will improve the situation for the disabled person How easy it is to make the change The cost of the change, financially and practically Health and Safety implications The impact of the change on the rest of the team, and The resources of the employer. Examples of reasonable adjustments may include: Allocating alternative duties Altering hours of work Assigning a different place of work Providing specialist equipment Adjustment may be made to the number of days absence that trigger

unsatisfactory attendance procedures (Occupational Health advice must be sought in this instance)

Allowing a longer period of time for reviewing reasonable adjustment or seeking redeployment

Allowing the employee to take Disability Leave. Further details are contained within the Council’s Disability Leave Policy

Extension to sickness entitlement (see the Upgrading or Extending Entitlement to Sick Pay Policy)

Managers should complete the attached Reasonable Adjustment Request Form to ensure that all issues are considered. It is difficult to specify the amount of variation required as each individual’s disability is different. Making the same adjustment for all may not remove the disadvantage. Where adjustments are made, the employee should be given time to readjust (usually 3 months). However if after this period they are unable to meet the levels of attendance expected and further adjustments are deemed unreasonable, a period of time (usually 3 months) should be given to the employee to find alternative employment within the County Council (refer to Redeployment Policy). Thereafter, if no suitable employment can be found, then subject to consultation, advice from HR and authorisation from the relevant manager (usually Head of Service), the employee will be dismissed on the grounds of medical incapability (see Ill Health Checklist).

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Disability Related Absences The DDA does not require disability-related absence to be automatically discounted; nor does it require an employer to retain someone indefinitely if they are frequently absent due to a disability. However, when counting disability-related absences towards trigger points for unacceptable attendance procedures line managers must be able to demonstrate that: All reasonable adjustments have been considered to the number of days absence

which trigger a review under the procedure All reasonable adjustments have been made to reorganise a job around functions

that the employee can perform and that All reasonable adjustments have been made to working practices, the workplace

and its location that place the disabled person at a significant disadvantage. Where the combination of both disability-related and general sickness absence exceed the trigger points, the line manager should seek advice from Occupational Health on any reasonable adjustments that should be considered.

Disability Leave Although many people with disabilities falling under the DDA require specific adjustments to work, there are many others who only require a flexible approach to the way work is carried out. Disability Leave is an example of a flexible approach or reasonable adjustment, as it allows for reasonable absence during working hours for rehabilitation, assessment etc. Such absences count as Disability Leave with pay and are to be recorded by line managers using the same method they use to record other types of leave i.e. the electronic absence recording system available on George under Corporate and E-Forms using the specific data entry fields created to record Disability Leave. Disability Leave should not be used to cover periods of sickness absence, whether the sickness is directly related to the person’s disability or not. Further details on disability leave can be found in the Council’s Disability Leave Policy.

Disability Related Sick Absence Disability related sickness absence arises where the employee’s sickness absence is related to their disability. Disability related sickness absence should be recorded by line managers using the same method they use to record other types of sickness i.e. the electronic absence recording system available on George under Corporate and E-Forms using the appropriate Disability Related illness absence fields. Further details on disability related illness can be found in the Council’s Recording of Sickness Absence Policy.

Terminal Illness There are occasions where an employee with a terminal illness wishes to be dismissed and may be eligible for early release of pension benefits and therefore there maybe some discretion on application of the procedure. Factors to take into consideration are: The medical condition. How long the employee is expected to live, as this maybe critical in establishing

the most beneficial course of action.

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Managers should deal with such situations compassionately taking into account the wishes of the employee and their financial situation as well as the needs of the organisation. Advice should be sought from HR in these cases.

SUPPORT ORGANISATIONS FOR EMPLOYERS AND EMPLOYEES Employees should be made aware of and encouraged to access the following support services:

LCC Employee Support and Counselling Service The counselling support offered by Employee Support and Counselling is time limited typically up to a maximum of six sessions. The counsellor may help the client to look at options for further ongoing support if appropriate. The work is aimed at supporting employees whilst exploring options for each individual situation.

Shaw Trust www.shaw-trust.org.uk Shaw Trust is a national charity that provides training and work opportunities for people who are disadvantaged in the labour market due to disability, ill health or other social circumstances. They are the largest voluntary sector provider of employment services for disabled people in the UK.

Access to Work www.direct.gov.uk/en/DisabledPeople Access to Work can help employees if their health or disability affects the way they do their job. It gives the employee and employer advice and support with extra costs, which may arise because of adjustments that may be required as a result of an employee’s disability. Access to Work might pay towards any specialist equipment that may be needed at work, adapting premises to meet the employee’s needs, or a support worker. It can also pay towards the cost of getting to work if they employee is unable to use public transport e.g. trains or buses, and for a communicator at job interviews, if appropriate.

Workstep http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes The Workstep employment programme provides support to disabled people facing complex barriers to getting and keeping a job. It also offers practical assistance to employers.

Health Promotion and Wellbeing Events LCC runs an annual programme of events on various health and wellbeing topics. Details of courses are published on the County Council’s intranet, GEORGE.

FURTHER INFORMATION Managers’ Guidance to Long Term Sickness and Return to Work Managers’ Guidance to Short Term Sickness and When to Refer Ill Health Checklist Reasonable Adjustment Request Form Recording of Sickness Absence

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Return to Work Interview Form Template Letters Statement of Fitness for Work (Fit Note) Disability Leave Policy Supporting Disabled Employees in the Workplace Redeployment Equality and Diversity in Employment Flexible Working Arrangements G4 Reporting of Injuries; Diseases; Dangerous Occurrences and Other Incidents G10 Occupational Health Provisions G10.5 Guidelines on Management Referral and Medical Review of Existing Employees G10.12 Rehabilitation following Long Term Ill-Health G26.1 Employees with Disabilities or Ill-Health Access to Personal Information Employee Support and Counselling Appeals Policy Updated June 2010

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APPENDIX 1 - SHORT TERM ABSENCE PROCEDURE FLOWCHART

STAGE 1 INFORMAL MEETING Invite employee to Informal Meeting, offer representation of LCC work colleague or trade union representative (only at 2nd stage of

Informal Process) Provide and discuss details of employee absences, explore causes/reasons for absence level If applicable refer the employee to occupational health through a management referral to determine whether there is an underlying

medical condition Formal written documentation of outcome is provided to employee Advise the employee that attendance is unacceptable and must improve during the next 2-4 months. Failure to improve during this

time, it may lead to a Formal Meeting with senior manager, failure to improve following this may lead to their dismissal

Short Term Absence Trigger Points: 4 or more episodes in every rolling 12 months and/or 12 working days in every rolling 12 months and/or Where the number of absences in a short period warrants immediate action e.g. 3 episodes or 9 days in 6 months and/or A pattern of absence which is causing concern, for example regular Friday or Monday absences or absences occurring on a

particular day/week

If a referral to occupational health was completed and the report confirms that the employee is suffering with an underlying medical condition, refer to G26.1 Employees with Disabilities or Ill Health. The employee will still be managed under the short term procedure but it will be recognised that they have an underlying medical condition.

If following the Informal Meeting, the employee still fails to provide an immediate and sustained improvement move to the next stage.

STAGE 2 FORMAL MEETING Formally invite employee to Formal Meeting. Attendees include: Manager, Senior Manager, employee and representative present

(HR Adviser optional). Prior to the meeting provide the employee with list of their absences, copies of records of return to work discussions and advice from occupation health (if appropriate) since the Informal Meeting

Explanation will be sought from employee as to why their attendance has not improved Senior Manager sets a timescale of 2-4 months for improvement. If applicable complete a referral to occupational health Formal written documentation of outcome is provided to employee Failure to improve following the 2-4 month period, they will be invited to a Formal Hearing where dismissal maybe the outcome

If following the Formal Meeting, the employee still fails to provide an

immediate and sustained improvement move to the next stage.

STAGE 4 APPEAL against any formal action taken against him/her.

STAGE 3 FORMAL MANAGING ATTENDANCE HEARING Formally invite employee to Formal Managing Attendance Hearing. Attendees include: DTM Manager, Senior Manager, HR

Adviser, employee and representative present. Prior to the meeting provide the employee with list of their absences, copies of records of return to work discussions and advice from occupation health (if appropriate) since the Formal Meeting

Explanation will be sought from employee as to why their attendance has not improved Possible outcomes – further period of review / seek further advice from occupational health / dismissal on grounds of SOSR

or Medical Incapability Formal written documentation of outcome is provided to employee

During any of the 3 stages, management have the discretion to extend for a further period should there not be a significant improvement. Throughout any stage of the short term procedure, should the employee’s attendance reach the level required then they are expected to maintain this level of attendance. This decision will remain ‘live’ for one year and therefore if the satisfactory improvement proves only to be of a temporary nature then the manager has the option of returning immediately to the point in the procedure where it was left.

APPENDIX 2 - LONG TERM ABSENCE PROCEDURE FLOWCHART

STAGE 1 INFORMAL MEETING Invite employee to Informal Meeting, offer representation of work colleague or trade union reprehensive (only at 2nd stage of

Informal Process) The purpose of the meeting will be to discuss: the nature of employee’s ill health; a management referral to occupational health; a

likely return to work date/improvement in attendance; discuss any support which is available to employee; consideration of returning to work in a different capacity until fully fit to resume normal duties; options under reasonable adjustments; pay status if applicable; explain the long term process; A monitoring period of 2-4 months should be set in order to review the employee’s absence at which time the employee may be required to attend a Formal Meeting

Formal written documentation of outcome is provided to employee

Once an employee’s absence has reached 1 month or more, manager should meet with the employee to discuss their absence.

If the employee is still absent at the end of the review period they will be invited to attend a Formal Meeting to discuss the way forward with their line manager and senior manager.

STAGE 2 FORMAL MEETING Invite the employee to Formal Meeting, at the meeting the employee can be accompanied by their trade union representative or LCC

work colleague, and if required, the senior manager may request a HR Adviser to be present Prior to the meeting provide the employee with list of their absences, copies of records of return to work discussions, and advice

from occupation health (if appropriate) since the Informal Meeting Purpose of the meeting is as above A further monitoring period of 2-4 months should be set in order to review the employee’s absence at which time employee may be

required to attend a Formal Managing Attendance Hearing Formal written documentation of outcome is provided to employee Formal written documentation of outcome is provided to employee Failure to improve following the 2-4 month period, they will be invited to a Formal Hearing where dismissal maybe the outcome

If the employee is still absent at the end of the review period they will be invited to attend a Formal Managing Attendance Hearing with their senior manager and DMT manager (or equivalent)

STAGE 3 FORMAL MANAGING ATTENDANCE HEARING Invite the employee to a Formal Managing Attendance Hearing, at the meeting the employee can be accompanied by their trade

union representative or LCC work colleague, a HR Adviser will be present at this meeting. Prior to the meeting provide the employee with list of their absences, copies of records of return to work discussions, and advice from occupation health since the Formal Meeting.

At the Formal Managing Attendance Hearing, the employee will be required to give an explanation as to why their attendance has not improved and any mitigating circumstances.

If the employee’s DMT (or senior) manager is satisfied that the absences are attributable to long term sickness only and everything has been reasonably undertaken by the employee’s line manager and senior manager, he/she will have the option of dismissing the employee with notice on grounds of ‘medical incapability’ where an underlying medical condition is identified.

If the employee’s DMT (or senior) manager is not satisfied that the absences are attributable to long term sickness and/or that the line manager and senior manager have not taken satisfactory action, he/she can consider the following options: the need for further involvement of occupational health; extend the review period and agree to meet again (with the employee notified of the possibility of dismissal) should there not be a significant improvement.

Formal written documentation of outcome is provided to employee

STAGE 4 APPEAL against any formal action taken against him/her If the return to work is unfortunately not able to be sustained by the employee for a reasonable period of time the manager has the option of returning immediately to the appropriate point of this procedure within 1 year (i.e. the point in the procedure the employee had reached when they returned to work).

APPENDIX 3 – MANAGERS’ GUIDELINES FOR MEDICAL REDEPLOYMENT

If in the opinion of the Council’s Medical Adviser the employee is unfit to return to their substantive post, alternative employment may be accommodated through redeployment

The line manager will meet with the employee to discuss the redeployment process and explain the procedure. The manger may be accompanied by a HR Adviser if they feel this would assist. Offer the employee representation of an LCC work colleague, recognised trade union officer or recognised trade union representative'

It is for the manager to assist where possible to identify any suitable roles for the employee, e.g. communicate with other managers that an employee is looking for redeployment opportunities and for them to bear this in mind.

HR Adviser to enter employees’ name and vacancy criteria on the redeployment list.

A period of 3 months is agreed for the employee to seek redeployment opportunities; a review meeting will take place at the end of this period to discuss a way forward. Managers should be aware that an employee who fails to secure alternative employment may face dismissal from the authority.

The HR Adviser will arrange for Lincline to be sent to the employees’ home address. The employee can also view Council vacancies on the Authority’s intranet, George and on the Council’s website via www.lincolnshire.gov.uk.

The manager will also regularly check Lincline and any internal adverts via email and discuss any suitable posts with the employee. A record should be kept of any such discussions.

Identify if the employee requires any training e.g. application process, interview techniques, IT refresher etc.

Manager to assist with any training requirements

Line manager to take a key role in supporting the employee to find alternative employment. Regular discussions to take place during this period.

Once a post has been identified the individual will need to complete an application form. Where the post is at the same grade or below, the individual will be entitled to apply as a ‘preferential status – at risk’ candidate which means that they will receive priority consideration alongside any other ‘at risk’ and ‘preferential status’ employees before any other applicants are considered

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Please inform your HR Adviser of this application. The HR Adviser to attend the interview as part of the Interviewing Panel or as an Observer.

Mark in bold ‘PREFERENTIAL STATUS CANDIDATE – AT RISK’ on the application form

If successful, the employee starts the post with a trial period of 4 weeks.

If the employee is unsuccessful then to continue searching for redeployment opportunities.

Manager and HR Adviser to meet with employee to give contractual or statute notice period of dismissal, whichever is the greater, notice can be up to 12 weeks. Preferential

status/redeployment to remain during notice period and if successful during this period, the notice will be retracted.

If at the end of the 3 month period the employee has been unsuccessful in finding alternative employment either an extension may be granted, or the employee will be dismissed on grounds of either:

Medical incapability Permanent ill health dismissal Some other substantial reason

HR Adviser to cancel Lincline. Employee has 10 calendar or working days to appeal against the decision to dismiss upon receipt

of the letter.

MANAGING ATTENDANCEINTRODUCTIONSTATEMENT OF FITNESS FOR WORK (FIT NOTE)

RESPONSIBILITIESDIRECTORS AND ASSISTANT DIRECTORSASSISTANT DIRECTOR - PEOPLE AND MODERNISATIONMANAGERSEMPLOYEES

MINIMUM STANDARDSSICKNESS ABSENCE REPORTING PROCEDURE FLOWCHART

FURTHER GUIDANCE ON SICKNESS RECORDINGSICKNESS ABSENCE PROCEDURESReturn to Work DiscussionOther Absences from WorkMedical AppointmentsCommunicationAnnual Leave Entitlement in Relation to Sickness AbsenceAbuse of Sickness SchemeManagement ReferralCapability ProcedureSick Pay and Accidents

SHORT TERM PROCEDURETRIGGER POINTSSTAGE 1: INFORMAL MEETINGOutcomes of Informal Meeting

STAGE 2: FORMAL MEETINGOutcomes of Formal Meeting

STAGE 3: FORMAL MANAGING ATTENDANCE HEARINGOutcomes of Formal Managing Attendance Hearing

STAGE 4: APPEALS

LONG TERM ABSENCE PROCEDURESTAGE 1 - INFORMAL MEETINGSTAGE 2: FORMAL MEETINGSTAGE 3 – FORMAL MANAGING ATTENDANCE HEARINGOutcomes of Formal Managing Attendance Hearing

STAGE 4: APPEALSACTION ON MEDICAL ADVICEFit to Return/Phased Return to WorkSustaining the Return to WorkReasonable AdjustmentsTemporary Alternative Work within Department/ServiceMedical InterventionUnclear Prognosis/Further ReviewUnfit to Return for a Prolonged PeriodMedical RedeploymentPermanently Unfit

LOCAL GOVERNMENT PENSION SCHEME (LGPS) – ILL HEALTH RETIREMENTMEDICAL SUSPENSIONDISABLED EMPLOYEESReasonable AdjustmentsDisability Related AbsencesDisability LeaveDisability Related Sick AbsenceTerminal Illness

SUPPORT ORGANISATIONS FOR EMPLOYERS AND EMPLOYEESLCC Employee Support and Counselling ServiceShaw TrustAccess to WorkWorkstepHealth Promotion and Wellbeing Events

FURTHER INFORMATIONAPPENDIX 1 - SHORT TERM ABSENCE PROCEDURE FLOWCHARTAPPENDIX 2 - LONG TERM ABSENCE PROCEDURE FLOWCHARTAPPENDIX 3 – MANAGERS’ GUIDELINES FOR MEDICAL REDEPLOYMENT