Title: Sickness Absence Policy

Scope Trust wide Owner Workforce & Development Group Contact Head of HR Version 3.0 Issue Date July 2012 Reviewed Next review date July 2015

Search summary: This policy applies to the management and reporting of sickness absence for all staff.

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VERSION CONTROL Document Location Oxleas NHS Foundation Trust Intranet See Under HR Policies Change History Vrsn Owner Changed by Change Summary Date

1 WLDG N/A First issue of policy Feb 2005

2 WLDG Head of HR/HRM Second issue of policy May 2008

2.1 WLDG J Maxfield Monitoring process added as appendix May 2009

3 WLDG Lynda Town 3rd issue of policy July 2012

Responsibility for distribution of this document:

Head of HR

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Sickness Absence Policy Contents: 1. Introduction, Aims & Purpose of this policy

1.1 Introduction Page 4 1.2 Aims and Purpose Page 4 1.3 Equality Act Page 5

2. Roles & responsibilities. 2.1 The Line manager Page 6 2.2 The Employee Page 7 2.3 HR Department Page 7 2.4 Occupational Health Department Page 7 2.5 Notifying sickness and absence Page 8

3. Procedure for handling sickness absence 3.1 Definitions Page 8 3.2 Unauthorised absence Page 9 3.3 Return to work meetings Page 9 3.4 Control of Absence Page 10 3.4.1. Informal Stage - Exploratory meeting Page 10 3.4.2. Formal Stage 1 - Advisory meeting Page 10 3.4.3. Formal Stage 2 – Advisory meeting

(no underlying Health Problems) Page 11 3.4.4. Formal Stage 2 – Advisory meeting

(underlying Health Problems) Page 11 3.4.5. Formal Hearing Page 12 3.4.6. Formal Hearing – Panel Membership Page 13 3.4.7 Right of Appeal Page 13

4. General Information 4.1 Rehabilitation Page 14 4.2 Redeployment Page 14 4.3 Ill health retirements Page 15 4.4 Sickness and Annual leave Page 15 4.5 When to refer to OH Page 16 4.6 Gender reassignment surgery Page 16 4.7 Organ donation Page 16 4.8 Gender reassignment Page 16 4.9 GP and Dental appointments Page 17 4.10 Industrial injury Page 17

5. Appendices: 1 and 1a Absence Procedure Flowchart Pages 18/19 2. Hearing Procedures Page 20 3. Notes for completing a Self-Certification form Page 21 4. Self Certification Form Page 22 5. Return to work meeting form Page 23 6. Example of a letter to employee inviting to a meeting Page 25 7. Sickness Absence Data Page 26 8 8 week reminder letter Page 28 9. Sample invitation to formal hearing Page 29 10. Entitlement to sick pay (see A4C Handbook) Page 30

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1.1 INTRODUCTION

This policy supersedes all current sickness and absence policies and procedures existing for Oxleas NHS Foundation Trust.

1. Unplanned absence is costly. High levels of sickness and absence can have an effect on the level and quality of service provision and can result in increased costs through the use of bank, agency staff and overtime.

2. This policy applies to the handling of sickness and absence during both paid

and unpaid sickness/absence. Entitlement to occupational sick pay is determined by the conditions of employment under which the member of staff is employed.

3. The Trust recognises the right of employees to enjoy reasonable job security when absent through sickness. At the same time, employees have a responsibility to ensure regular attendance at work. Consequently, managers should deal with sickness absence in a clear and consistent manner.

4. The Trust accepts that factors affecting sickness levels can vary widely. Each

case will be different and, therefore, must be judged on its individual merits. 5. Staff are also advised that misuse of the Trust’s Sickness Absence

management procedures eg. working whilst claiming sick leave could be construed as misrepresentation under the Fraud Act 2006 and be referred to the Local Counter Fraud Service for investigation. Furthermore a disciplinary investigation may be undertaken which may result in dismissal and referral to professional body..

6. Staff should read the Trust’s disciplinary policy and Trust’s counter fraud

policy in conjunction with this policy

7. If sickness absence is due to drugs or alcohol abuse, please reference the Trust’s policy on Alcohol and Drugs misuse available on the intranet.

1.2 AIMS & PURPOSE

The aim of the policy is to: • To maintain a healthy workforce. • To support staff who are unwell in their return to the workplace. • Ensure all sickness absence is reported and monitored consistently and

managed appropriately. • To ensure appropriate support is available for staff and managers. • To know when to take action. • Minimise impact on service delivery. • To ensure a consistent and equitable approach is taken. However, deliberate misuse of the provisions for sick leave and sick pay will be regarded as misconduct and dealt with as a disciplinary issue.

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The purpose of this policy is to act as a guide on how to deal with sickness absence. This policy sets out the principles under which the Trust will manage attendance at work and minimise absence due to sickness. One of the guiding principles behind this policy is that of supporting and keeping up-to-date with the employee. In managing absence pro-actively opportunities may also arise in relation to improving working conditions generally and so improving the working lives of employees.

1.3 EQUALITY ACT

From 1st October 2010 the Equality Act replaced most of the Disability Discrimination Act (DDA). However the Disability Equality Duty in the DDA continues to apply. The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. It provides legal rights for disabled people in the areas of:

• Employment • Education • Access to goods, services and facilities • Buying and renting land or property • Function of public bodies,

At all phases in the application of this policy and procedure due regard must be paid to the provisions of the Equality Act 2010. The definition of ‘disability’ under the Equality A ct 2010 In the act, a person has a disability if:

• They have a physical or mental impairment • The impairment has a substantial and long term adverse effect on their

ability to perform normal day to day activities For the purpose of the act these words have the following meaning:

• ‘Substantial’ means more than minor or trivial • ‘Long term’ means that the effect of the impairment has lasted or is

likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions).

• ‘Normal day to day activities’ includes everyday things like eating, washing, walking and going shopping

People who have had a disability in the past that meets this definition are protected by the Act

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Progressive conditions considered to be a disabilit y There are additional provisions relating to people with progressive conditions. People with HIV, cancer or multiple sclerosis are protected by the act from the point of diagnosis. People with some visual impairments are automatically deemed to be disabled. Further details can be obtained from HR.

Discrimination by association The act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person. This can apply to a carer or parent of a disabled person. In addition, people must not be directly discriminated against or harassed because they are wrongly perceived to be disabled. Under the Equality Act 2010 an employer has a duty to make reasonable changes for disabled applicants and employees. These are known as ‘reasonable adjustments’. The need to make reasonable adjustments can apply to the working arrangements or any physical aspects of the workplace. Managers should refer to the Trust’s Reasonable Adjustment Toolkit for guidance and seek specific advice on all aspects of the Equality Act from the Human Resources Team.

2. Roles & Responsibilities 2.1 The Responsibilities of the Line Manager are

• To monitor the sickness of all staff for whom they are responsible; • To resolve absences and support staff to achieve satisfactory levels of

attendance; • To maintain a clear and accurate record of attendance; • To initiate referrals for occupational health assessment; • To maintain contact with the employee who is absent as a result of

sickness; • To inform all staff of this policy and of any local procedures for notifying

sickness; • To conduct a ‘Return to Work meeting with all employees as soon as they

return to work. • Inform employee of Employee Assistance Programme (EAP) support if

appropriate • To complete and submit attendance records for all staff, ensuring that

accurate reporting is undertaken to enable the correct sickness payment to be made.

• Managing phased return to work plans • Notifying payroll via email of a staff member’s actual return date following

long term sickness, in addition to the absence return • Managers will ensure review meetings are held in accordance with section

14 of AFC handbook regarding conditions for contractual sick pay • In exceptional circumstances the manager may refer to the Service

Director for consideration to extend sick pay in line with the section 14 of the AFC handbook.

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2.2 The Responsibilities of the Employee are • To ensure regular attendance at work; • To notify their manager of absence in accordance with departmental

procedures; • To be aware of this policy and of any local procedures for notifying

sickness; • To submit timely certification for all absences including self certificates and

medical certificates; • To attend an occupational health assessment at the request of their

manager. If after all reasonable attempts to ensure attendance at OH, the staff member does not attend, then their sickness will be managed on the basis of known information only

• To keep their manager informed of progress during absence and of dates for returning to work.

2.3 The Responsibilities of the HR Department are

• To ensure accurate monthly absence reports are provided to management; • To advise on all matters relating to managing sickness absence • To provide up to date advice in line with best practice and employment

legislation; • To advise on correspondence; • To give relevant support at all formal stages. • Send out an 8 week reminder letter in relation to annual leave see

appendix 8

2.4 The Responsibilities of the Occupational Health Department • To provide advice to management on dealing with sickness and absence; • To provide medical assessments on employees; • To provide advice on supporting employees during illness or absence;

Advice from Occupational Health can include: � Likely duration of absence. � Limitations on work activities either at present or upon return to work. � Limitations on working hours during a period of rehabilitation. � Return to work programmes. � Ill health retirements.

2.5 The responsibilities of Trust staff

• Staff who suspect any fraudulent activity eg. Working whilst off sick should refer this to the local counter fraud specialist in the first instance. The LCFS may be contacted for advice.

• The Trust LCFS’s contacts can be found on the intranet • Alternatively contact the NHS Fraud and Corruption Reporting line (0800

028 40 60) or the online fraud reporting from at www.reportnhsfraud.nhs.uk.

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2.6. Notifying Sickness and Absence

It is a condition of employment that staff who are unable to attend work because of illness should notify their manager as soon as possible on the first day of sickness (unless there is a substantial and acceptable reason preventing notification) and at regular subsequent intervals. Each department will determine the normal time limits within which notification of sickness should occur and the manager to whom the employee should report. Managers have a responsibility to ensure that their staff know and understand the procedures. Self certification is required for any period of sickness absence from Day 1. The line manager should ensure this has been completed at the Return to work meeting, (see Appendix 5 ). Failure to supply either a self-certificate within 24 hours of return to work or a medical certificate within a reasonable timescale may result in the withholding of pay. Exceptionally the Trust reserves the right not to guarantee payment on backdated certificates from GPs or overseas medical certificates where there is concern around its validity and employees will need to provide detailed reasons in writing to their line manager if this becomes necessary. If pay is to be stopped the manager will speak to HR and confirm the details to the employee.

3. PROCEDURE FOR HANDLING SICKNESS ABSENCE 3.1 Definitions

Length of absence for reporting purposes is regarded as any single continuous period: Short term absence - is any single continuous period of sickness up to 7 days Medium term absence – is any single continuous period of sickness of between 8 days and not more than 28 days Long term absence – is any continuous period of sickness of 28 days or longer

Occasions of absence – known as health indicators

• a total of 6 days (single days or concurrent) • or three separate occasions of sickness absence

within a six month period will instigate an exploratory meeting/discussion as there may be mitigating circumstances that can be addressed. The manager may also seek the advice of HR If an individual works only half their working hours or less, this will be recorded as a day’s sickness absence. If they work more than half of their working

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hours this should be recorded as “part paid day-other”. A return to work meeting should still be carried out.

3.2 Unauthorised Absence

This occurs when an employee is absent from work and fails to communicate this absence and the reason for it within agreed local protocol or a reasonable period of time usually on the first day of absence, where there is no local agreed protocol. If a manager is concerned about a staff member as they have not turned up for work, the manager should take necessary steps to establish the reasons for their absence as it may be sickness related. This may include contacting appropriate individuals and/or police. Failure to notify the relevant manager of a period of absence and reason for the absence will be regarded as a disciplinary offence and pay may be suspended after discussion with HR. If no notification is received on the first day of absence, and there is no substantial and acceptable reason for this, a recorded letter will be sent seeking an explanation for the absence and informing them that their pay has been suspended. Additionally, this communication will inform the employee that a continued failure to communicate will result in a disciplinary hearing being scheduled. A further failure to communicate may automatically result in a hearing being scheduled which may result in disciplinary action being taken up to and including dismissal. Each case will be reviewed on its merits. Where an employee fails or ceases to submit timely medical certificates, pay will be suspended and the manager should write by recorded delivery to the employee on at least two occasions. On the first occasion the employee should be informed that a continued failure to submit certificates will result in a disciplinary hearing being scheduled and that pay has been suspended. On the second occasion the employee should be informed that a hearing has been scheduled which may result in disciplinary action being taken, up to and including dismissal. Employees who wish to absent themselves during normal working hours must gain the permission of their manager beforehand. Failure to do so may result in disciplinary action.

3.3.1 Return to work meetings

The immediate manager should meet with the employee on their return to work after any period of sickness absence; this return to work meeting will take place as soon as possible after the first day back. This meeting is helpful in ensuring the employee is fit for work and clarifying reasons for absence, the effect on work and any future potential problems. It can also assist in identifying any issues which may have contributed to the absence and addressing these where appropriate.

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Long term or repeated short term sickness absence may affect an employee’s ability to carry out their work. In some cases, health related problems may not lead to absence from work but still affect ability to do the job. The return to work meeting should include a discussion, if appropriate whether voluntary or self employment has affected their Trust employment. Managers/HR service should check any medical certificate to ensure that the reason for absence and the dates match their circumstances. Employees must not alter or amend any certificate. Any falsification of a certificate could be an offence under the Fraud Act 2006. Managers should carry out return to work meetings for all sickness absences. A return to work form can be found at Appendix 5. The meeting is also an opportunity to update the member of staff on any changes that have taken place.

3.4 Control of Absence 3.4.1 Informal Stage - Exploratory meeting

When the employee has reached the number of occasions of absence outlined above, the immediate manager should arrange an informal meeting with the employee to discuss the frequency, reasons and amount of the employee’s absence. This stage may be carried out at the same time as the return to work meeting or separately if required, and will be recorded as an exploratory meeting. The discussion should include how to minimise future sickness absences and should ask questions to establish whether there are any mitigating circumstances such as personal or work-related problems. This meeting provides an opportunity for the manager to remind the employee of the standards of attendance for the department. If it is agreed that the attendance problem is caused by health reasons, the employee should be referred to Occupational Health for assessment, if no health reasons the manager may want to refer to the Flexible Working Toolkit. If a referral (either self or management) has been made to OH, not as a consequence of absence but due to other reasons eg pregnancy, accident at work etc, this stage should be used to review the findings of the report and consider the support required by the Trust. The report should first be shared with HR prior to this meeting to enable any advice to be given in readiness for the exploratory meeting. At the end of the exploratory meeting, if the manager is still concerned, they will need to discuss this with HR before moving to the formal stage. The employee will be advised of this at the exploratory meeting. A note of the Exploratory meeting should be agreed and signed by both parties and kept confidentially by the Line Manager and employee, as documentation related to their absence and may be used in any formal stages.

An exploratory meeting form is at appendix 5

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3.4.2 Formal Stage 1 - Advisory meeting

When the OH assessment is received or if the non-health related attendance problems persist, the manager should arrange a follow up advisory meeting with the member of staff. The arrangements for the meeting should be confirmed in writing to the employee. The purpose of the meeting is to inform the employee of the results of the assessment (where applicable) and to advise on the consequences of continued absence. An HR Representative will, at this stage, and subsequent stages, be present at the meeting. The employee must be informed that they may be represented by a trade union representative/officer or accompanied by a workplace colleague. Where there is a prospect of improvement, the employee should be given an opportunity to improve their attendance record against the expected agreed standards. The employee’s attendance should be monitored for an appropriate period of between 3 and 6 months, depending on the level of absence. Depending on the standards of attendance achieved, a review will take place within or at the end of the period. A re-referral to Occupational Health by the manager may be appropriate if improvements have not occurred. Each case should, however, be judged on its particular circumstances, especially if there are health problems of a serious or progressive nature. In this instance, it may be necessary to consider redeployment within the Trust within the employee’s capabilities, alternatively, it may be appropriate to agree with the employee to move straight into an application for ill health retirement if they meet the necessary qualifying criteria (please see 4.3). The following options and the subsequent stages set out in the Flowchart (Appendix 1) are therefore for guidance only.

3.4.3 Formal Stage 2 – Advisory meeting (No Underl ying Health Problems)

Where there is no underlying health problem and if there has not been a sustained improvement in the employee’s attendance as a consequence of the advisory meeting a further Advisory meeting should be arranged. The causes and frequency of the absence should again, be discussed and, if necessary, a health assessment or further health assessment may be obtained. The employee should be given a second opportunity to improve their attendance record against the expected standards. A further period of review would be agreed and the employee’s attendance would be monitored for an appropriate period (between 3 and 6 months) and reviewed either within or at the end of the period, depending on the standards of attendance achieved. The employee must be informed of the consequences of further failure to improve their attendance and that, if the expected standards of attendance have not been achieved, further action would be taken up to and including dismissal. This must be confirmed in writing following the Advisory meeting.

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3.4.4. Formal Stage 2 – Advisory meeting (Underlyin g Health Problems)

Where there is an underlying health problem, and if there has not been a return to work or a sustained improvement in the employee’s attendance as a consequence of the Advisory meeting, a further meeting should be arranged. An HR Representative will, at this stage, be present at the meeting. The employee may be represented by a trade union representative or accompanied by a workplace colleague. The arrangements for the meeting should be confirmed in writing to the employee. The causes and frequency of the absence should, again, be discussed and, if necessary, a further health assessment may be obtained. The aim of this meeting is to consider, with the employee, the range of options that might be available as alternatives to the termination of their contract on the grounds of capability. Circumstances will determine the range of options available, but these may include:

1. Arrangements for a return to work if the assessment indicates a return immediately or in the foreseeable future and an ability to undertake full duties;

2. A further health assessment if doubts prevail.

3. The possibility of changing working arrangements or environment on an

established or temporary basis – retraining where applicable and appropriate;

4. Any opportunities for permanent or temporary duties within the employee’s

capabilities elsewhere in the Trust; 5. the possibility of voluntary retirement on the grounds of ill health;

A reasonable timescale should be set to explore these alternatives and sufficient time be given for the employee to consider the options. The employee should be informed in writing of the actions to be pursued and the timescale over which they would be considered. At this stage, the employee will also be informed that the contract of employment will be terminated on the grounds of capability if the alternative options cannot be realised.

3.4.5. Stage 3 - Formal Hearing

In the event that the employee’s absence has not improved and the Trust’s procedures have been exhausted, a formal hearing will be convened. Management will submit a full report of the actions taken to manage and support the absence issue to the Service Manager/Director, who will Chair the formal hearing. The Chair will consider any mitigating circumstances presented.

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The Formal Hearing will be based on the procedure outlined in Appendix 2 . The decision of the hearing must be confirmed in writing to the employee within 7 calendar days of the hearing. Any supporting documentation from the employee should be submitted prior to the hearing in order to prevent a possible adjournment. Where the employer terminates the contract, this will be on the grounds of capability where there is an underlying health problem and no likelihood of improvement or if the unrelated episodes of ill health are believed to be genuine but levels of attendance continue to be unacceptable. Where termination is on the grounds of capability due to ill-health notice will be paid in lieu. If the employee is found to be abusing the sick pay scheme this will be dealt with under the Trust’s disciplinary policy.

3.4.6 Formal Hearing - Panel Membership

The case will be heard by the Service Manager/Director who has not been previously involved in the case.

The Hearing Officer will be supported by a Human Resources Representative.

The Line Manager will present the case with support from HR

The Employee will be supported by a trade union/staff representative or a work colleague.

Where considered necessary, a person with specialist knowledge in the field of work of the employee or a professional assessor will be invited to join the panel to give advice on matters relating to the professional or technical competence of the employee.

3.4.7 Right of Appeal

An employee has 14 calendar days to appeal the decision of the formal hearing from when outcome letter is received, giving their reasons for the appeal. The appeal hearing will be convened within 28 calendar days of receiving notification from the employee of his/her intention. If this requires further time authorisation must be sought from the Director of HR and OD. All parties involved will be notified of any extension granted as well as the reasons for that extension. If the employee is appealing against dismissal the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However if the employee’s appeal is successful the employee will be re-instated with no loss of continuity of service or pay.

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The employee will be given 7 calendar days written notice of the date, time and venue of the appeal hearing. Both parties will be required to submit written statements of case no later than 5 calendar days before the appeal hearing, together with supporting evidence. The management should set out the reasons for action being taken. It should be sufficiently detailed to enable the employee to understand on what basis the decision was reached and to prepare his/her own case for defence. The employee’s statement should set out clearly the grounds on which they are contesting the manager’s decision. Both parties should provide details of any witnesses they intend to call. If either of the statements provide significant new information, the manager hearing the appeal can delay the appeal hearing to allow further investigations. As soon as both statements are received, they should be circulated to:

• The manager hearing the appeal • The manager presenting the case • The employee • The employee representative

When appealing against a dismissal employees have the right to a hearing before a manager senior to the manager who authorised the decision, as long as they have no prior involvement. The decision taken at an appeal is final.

Appeal decisions may include:

1. Original decision is upheld 2. The employee is reinstated if he/she was dismissed

4. GENERAL INFORMATION 4.1. Rehabilitation

Where a member of staff is deemed fit to return to work by their GP and/or OH but not on full contractual hours or full range duties (usually after long term sickness), the manager should consider returning them to work on a phased basis on full contractual pay. This rehabilitation period is to allow an effective, sustained return to work. It should be supported by an agreed and structured programme taking into account the advice of their GP and/or Occupational Health. The length of the rehabilitation programme will normally be up to a maximum of 4 weeks; however this can be reviewed based on clinical need. Some employees may choose to use annual leave to extend a phased Return to work beyond that supported by GP and/or Occupational Health.

4.2. Redeployment

Where there is an underlying medical condition and the member of staff is unable to fulfil the requirements of the post with reasonable appropriate adjustments, the manager, in consultation with Human Resources and

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Occupational Health staff, should explore the possibility of redeployment to a suitable alternative post within the Trust.

Factors to be taken into account may include:

• The needs of the service and the best interests of the service users

• The views of the employee

• Whether the job description can be amended to allow the employee to remain in a workplace within which they are familiar

• The availability of other suitable posts

• Possible use of physical, technological or other support to assist the employee

• An analysis of the ability of the employee to undertake work of a different kind including re-training

Where a member of staff moves to a post on a lower band or working fewer hours etc. there will be no protection of salary or other conditions. However, each individual case should be fully explored with the member of staff and their representative.

4.3. Ill Health Retirements

Employees who pay into the NHS Pension scheme may apply for the benefits under the scheme where points 1 and 2 are met:

1. They have an underlying medical condition and the medical opinion of the Occupational Health Doctor and/or their own GP/specialist indicates that they are unable to carry out their duties due to permanent ill health

2. They have been a member of the scheme for a minimum of 2 years or have chosen to leave the scheme, and are still working in the NHS

If they have a terminal illness and may be eligible for commutation ie. exchanging the pension and lump sum for a bigger lump sum payment

Details of the benefits payable are outlined in the scheme member’s handbook

The payment of benefits under the scheme has to be approved by the Pension Agency subject to strict eligibility criteria. The success of any application for the payment of ill health retirement benefits can in no way be guaranteed by the Trust. If approval is given by the NHS Pensions Agency, the ill health retirement date will be the date of approval by the Pensions Agency, this does not apply for terminal or similar illnesses where payment is urgent.

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4.4 Sickness and annual leave

If an employee falls sick whilst on annual leave, then in accordance with the Sickness Notification and Certification Policy of the Trust, the period covered will be treated as sick leave, allowing the employee to take the annual leave another time. In accordance with Agenda for Change Terms and Conditions, employees will not be entitled to an additional day off if sick on a statutory holiday.

Managers and staff should be aware there are on-going legal rulings and case law in respect of long term sickness and annual leave and any queries should be referred to Human Resources. Staff who have been on sickness for more than 8 weeks will receive a letter from the Human Resources team (see appendix 8).

4.5 When to refer to OH

It is essential that managers involve Occupational Health when an absence meets the health indicators. If a planned absence is known eg surgery then a referral can be made as soon as reasonable. OH will establish the likely length of absence, and will keep under regular review any employee on sickness absence. They will provide an opinion as to the employee’s condition, report progress, any workplace controls or aids/adaptations required and advise on subsequent action, to the Line Manager/HR. If there is a conflict of views between OH and the employee’s GP the opinion of OH will be taken and medical suspension may ultimately be appropriate. Any required liaison with individual’s GP will always be undertaken by OH. It is recognised there may be other circumstances where medical suspension is considered. These situations should be managed on a case by case basis seeking advice from OH, GP or an expert if needed.

There may be circumstances where staff will be asked to see OH before they return to work.

4.6 Cosmetic surgery

Employees will be required to take annual leave to cover any absence for elective cosmetic surgery, unless there is a letter of support from their GP/Consultant or similar to indicate the surgery is needed for health reasons.

4-8 Organ donation

Employees will be required to certify their absence under the sickness procedure.

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4-9 Gender re-assignment

There are many factors relating to gender transition under medical supervision which are outside of the control of the employee concerned.

Employees undertaking gender re-assignment should discuss with their manager what time is likely to be required and when.

Further advice should be obtained via HR.

4.9 GP and Dental appointments

Please refer to the Flexible working policy for details.

4.10 Industrial injury

An industrial injury is an incident or accident that has occurred at or as a result of work. Staff should refer to the Incident Management Policy and Procedures for guidance on how to report an incident. Incide nts should be reported by the end of the shift or as so on as is reasonably practical thereafter.

Further details of industrial benefits and claim deadlines can be found by contacting, HR, payroll and/or referencing direct.gov.uk.

If staff are off work more than 7 days (not including the date of the incident), the person affected by the accident or their line manager is responsible for submitting the RIDDOR report. Below is the link to the on line RIDDOR form

https://extranet.hse.gov.uk/lfserver/external/F2508IE

The manager must ensure that HR is aware that the sickness absence is due to an industrial injury. For claims deadlines staff should contact the Legal Services Department.

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Appendix 1

Absence Procedure Flowchart

Appears to be no Underlying Health Problem

Pattern of Absence/ health indicators identified

Infor mal Stage - Exploratory Meeting

Meeting and referral for OH assessment

Formal Stage 1 Advisory Interview

No underlying health problem identified

Improvement

Acceptable Attendance No improvement following meetings

Formal Stage 2 Advisory Interview and

inform of consequences of failure to improve

No improvement following meetings

FORMAL HEARING

Improvement

Acceptable Attendance

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Appendix 1a

Absence Procedure Flowchart

Underlying Health Problem

Pattern of Absence/ health indicators identified

Informal Stage - Exploratory Meeting (this may be carried out as part of a

return to work meeting) Interview and referral for OH assessment

Formal Stage 1 Advisory meeting

Underlying health problem identified

Improvement

Acceptable Attendance No improvement following meetings

Formal Stage 2 Advisory meeting

Consider range of options and suitable timetable

FORMAL HEARING Ill Health or Voluntary Retirement

Redeployment

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Appendix 2

HEARING PROCEDURE

1. The manager will present the case in the presence of the employee and his/her representative and may call witnesses

2. The employee and his/her representative will have the opportunity to ask questions of the manager and any witnesses(if applicable)

3. Members of the panel will have the opportunity to ask questions of the manager and witnesses.

4. The manager will have the opportunity to re-examine his/her witnesses on any matters raised by the employee, his/her representative or members of the panel.

5. The member of staff or his/her representative will present their case in the presence of the manager and may call witnesses

6. The manager will have the opportunity to ask questions of the employee, their representative and any witnesses.

7. Members of the panel will have the opportunity to ask questions of the employee, his/her representative and witnesses.

8. The employee or his/her representative will have the opportunity to re-examine their witnesses on any matters raised by the manager or members of the panel.

9. The manager and the employee or his/her representative will have the opportunity to sum up their cases, with the employee or his/her representative having the right to speak last. Neither party can introduce any new matters pertaining to the case at this summing –up stage.

10. The manager, employee and his/her representative shall depart from the immediate panel venue.

11. The panel Hearing Officer, the HR Advisor and the Assessor (where appropriate), shall deliberate in private on the evidence presented. Where there are points of uncertainty, they will recall both parties, irrespective of which of them has the points which need to be clarified.

12. Where possible, the full panel will be reconvened and the Hearing Officer will verbally deliver the decision, which will be confirmed in writing within 7 calendar days of the hearing.

13. The employee and his/her representative will be advised verbally and in writing of their rights of appeal.

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Appendix 3

NOTES FOR EMPLOYEES COMPLETING THE SELF CERTIFICATION FORM - APPENDIX 4

Self Certificates are now required for ALL periods of sickness/absence from Day 1.

1. If you are absent from work for 7 calendar days or less because you are sick and your absence is not covered by a doctor’s statement of incapacity for work, you must complete a self-certification form within 24 hours of your return to work. This form should be completed from Day 1 of any period o f absence.

2. You are also required to complete this form if you are absent for more than 7 days

and any of your first 7 days are not covered by a doctor’s statement of incapacity for work. In this case, this form should also be completed within 24 hours of your return to work.

3. It is important that the information on this form is neither misleading nor

incomplete. The rules governing payment of Statutory Sick Pay on behalf of the Government leave no room for uncertainty about employee sickness. False statement may be regarded as serious misconduct.

4. When describing why you could not come to work be as specific as possible.

Words like “illness” or “unwell” are not sufficient any may jeopardise your payment of Statutory Sick Pay.

5. You must hand the completed form to your immediate manager who will discuss

your absence and check the form is correctly completed.

6. Your sick pay entitlement is calculated over 365 days a year. therefore continued absence covers both rostered and unrostered days and should be recorded as continuous.

7. The employee self certs or provides a medical certificate for the actual number of

days they were sick NOTES FOR MANAGERS COUNTERSIGNING DECLARATION OF SELF CERTIFICATED SICKNESS ABSENCE

� This information should be treated confidentially a t all times. � Photocopies should be kept to a minimum for confide ntiality reasons � Once signed, absence should be noted on monthly abs ence forms

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Appendix 4 OXLEAS NHS FOUNDATION TRUST

SELF CERTIFICATE FORM

To be completed by the employee for all periods of absence up to and including seven calendar days. Full details of sickness and absence reporting and certification are contained in the Trusts Sickness Absence Policy. To be completed in block capitals

Mr/Mrs/Miss/Dr:

Surname:

First Name:

Dept/Ward:

1

Base:

5 Reason for Absence:

2 Employee Number:

Inclusive Dates of absence:

From:

3

To:

6 If sickness, was this due to an accident at work? Yes: No: If yes, was an incident form filled in? Yes: No:

Date of Return to Work: 4

7

I understand that if I give false information I can loose sick pay benefits and disciplinary action may be taken. I declare that the information I have given on this form is correct and complete. I understand that if I knowingly prov ide false information this may be investigated in accordance with the Trust’s counter fraud policy and may result in disc iplinary action and/or I may be liable to prosecution and civil rec overy procedures. I confirm that I have not undertaken paid work else where during this period. This is an NHS Counter Fraud requiremen t. Signature: Date:

For periods of 8 days or more, a medical certificate must be obtained. Where the medical certificate does not cover the first 8 calendar days, a self-certificate should also be completed. If Medical certificates are received from abroad advice needs to be sought from HR. TO BE SIGNED BY MANAGER if no payment is to be made Signed: ………………………………… ………………….. Date: ……………………………… Name(Block Capitals) …………………………………… If no payment is made, the reasons for this decisio n must be explained to the employee in person, on receipt of the self certificate. The reasons why I have not been paid for the above period have been explained to me. Signed………………………….employee) All certificates will be treated as confidential an d kept in a confidential file.

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Appendix 5 Return to Work Meeting / Informal Stage Explorat ory meeting Name

From To No. of days Date(s) of sickness Absence

How was sickness certified Self-certificate / Medical Certificate / Not certificated (unauth)

Reason for absence “Unwell” or “Ill” are not acceptable

Return to Work meeting / Informal Stage Explorator y meeting was held on ___________ Names of people present _______________________________________________________

Signed: __________________ (Manager) Date: ___________ Signed: __________________ (Employee) Date: ___________

No. of days No. of Episodes

Sickness Absence during last six months

No. covered by Medical Certificate

No. self-certificated

date / reason for previous episodes of sickness

Return to Work meeting Plan / Discussion of how to minimise future sickness absences (use reverse of form if needed)

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Signed: __________________ (Manager) Date: ___________ Signed: __________________ (Employee) Date: ___________ Sample discussion points:

1. Welcome back to work and update on work related issues since sickness absence 2. Explain every sickness absence is followed by return to work meeting 3. Discuss type of absence, was it avoidable 4. Are there any work related issues causing/contributing to the absence 5. Is the employee fit to carry out normal duties 6. Then, offer support including EAP service, consider referral to OH, allow the

employee to offer suggestions as to what improvements they can make 7. Agree or review action plan as appropriate

Informal Stage – Exploratory meeting Health indicators ���� 3 separate occasions

in 6 months � Total of 6 days Discussion of whether personal or work issues are causing concern, and what support can be given to reduce or eliminate sickness episodes (use reverse of form if needed)

Health reasons � � refer to Occupational Health

No health reasons � � Flexible Working considered

� Other options discussed

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Appendix 6

Sample Advisory meeting letter to employee Date Name Address Dear I understand that you have been on sick leave since (date). I have therefore arranged a Formal Stage One Advisory meeting with you, myself and (name), HR Representative, to look at what support we are able to provide in terms of your employment and to look at the options that are available. This meeting is being held under the Trust’s Sickness Absence Policy. I have arranged this meeting for (date) at (time) in (venue). If you wish you may bring a Trade Union representative or workplace colleague with you to this meeting, you will be responsible for arranging this. In the meantime if you have any queries, please contact me. Yours sincerely Manager Cc HR Representative

Enc copy of policy

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Appendix 7

Sickness Absence Data

Appendix 7 details the data that is generated by the trust in relation to sickness absence, who has the responsibility for providing the data, how frequently this data is provided and who it is reviewed by.

1. Data: Sickness absence data for the previous 12 months, by employee

Responsibility: ESR System Administrator

Frequency: Monthly Reviewed by: Directors, Business Managers, HR Managers, HR Advisors and some Service Managers and Ward Managers

2. Data: Sickness absence rates for the previous month by Directorate and Team

Responsibility: Workforce Development Manager Frequency: Monthly

Reviewed by: HR Managers, who then summarise the data and report back to Senior Managers in each Directorate

3. Data: Long-term absence (28 days plus), by employee

Responsibility: Workforce Development Manager Frequency: Monthly

Reviewed by: HR Managers, who then summarise the data and report back to the Senior Managers in each Directorate

4. Data: Indicative sickness rates for previous month

Responsibility: Workforce Development Manager Frequency: Monthly

Reviewed by: Director of HR and OD, who then reports back to the Trust Board

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5. Data: Sickness absence rates by Directorate and for the whole Trust are included in the KPI report and also the top three reasons for absence for each Directorate.

Responsibility: Management Accounts Frequency: Monthly

Reviewed by: Trust Board

In addition to the above, ad hoc reports will be run as and when appropriate. This can only be done by those with approved access to ESR (the Electronic Staff Record).

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Appendix 8 Date letter for a/l whilst off sick ADDRESSEE ONLY Name Address Dear I am aware that you have now been away from work due to sickness absence for over 8 weeks and I therefore wanted to write to you to inform you of the support you can expect to receive both from your manager and HR during your absence and when you are planning your return to work. If you are not already seeing our Occupational Health team this will be arranged for you. They will keep in regular contact and provide the Trust with updates on your condition and likelihood of returning to work. It is important that there is regular contact between you and your manager and that we have regular review meetings to assess and monitor progress. The Trust is committed to supporting and facilitating your return to work and will consider in consultation with you and Occupational Health a range of options. This may include rehabilitation, phased return to work, redeployment, or the use of any reasonable adjustments to your working environment. You should also be aware that following a recent House of Lords ruling, employees continue to accrue statutory annual leave and can take this leave during their sick leave. If employment is terminated prior to taking all accrued entitlement to statutory annual leave due to sickness, you are entitled to payment in lieu at the normal rate of pay. Statutory annual leave is a maximum of 28 days, including Bank Holidays. If you have not had the opportunity to take your statutory annual leave whilst on sick leave you will be entitled to any untaken statutory annual leave when you return to work which may be in the next leave year. If you wish to take annual leave while on sick leave you should write to your manager with the dates of your leave request and copy this to Human Resources. I would take this opportunity to remind you that when on sick leave it is not expected that you will be fit to work in any other capacity. Staff who declare that they are sick and unfit for work and undertake any other employment whilst claiming NHS sick pay may face criminal prosecution for fraud related offences. Furthermore a disciplinary investigation will be undertaken which may result in dismissal and referral to professional body I hope that you find this letter helpful but please do not hesitate to contact me at any stage if you require any additional support or assistance from the Trust to facilitate your return to work. Yours sincerely HR Advisor Job Title

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Sample letter invitation to formal hearing. Appendix 9 date Strictly Private & Confidential Name and address Dear x Re: Formal Sickness absence Hearing I am writing further to the Stage Two Advisory Review meeting held on x. I confirm that a formal sickness absence hearing has been arranged in line with the formal stages of the Trust’s Sickness Absence Policy and the hearing procedure itself mirrors the disciplinary hearing procedure as a best practice model for running these. The hearing will take place on insert date and time and venue. X will present the management case, supported by x, HR Advisor. The case will be heard by x and she will be supported by x, HR Manager. I must advise you that one of the outcomes of the hearing may be termination of your contract on grounds of capability due to ill health. You have the right to be accompanied by a Trade Unon Representative or a work colleague and I would be grateful if you could confirm your attendance at this hearing and also the name of your representative. I enclose a copy of the management case. If you would like a further copy for your representative please do not hesitate to contact me. I can confirm that management will not be calling any witnesses. If you wish to bring any witnesses to the hearing, please let me know so a room can be made available to them. I would be grateful if you could confirm your attendance at the hearing. If you have any queries, please contact either myself or x Yours sincerely x HR Advisor CC insert

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Appendix 10 Entitlement to sick pay Employees absent from work owing to illness will be entitled, subject to the conditions of this agreement, to receive sick pay in accordance with the scale below (see Section 12 of the AFC handbook for provisions governing reckonable service):

• during the first year of service – one month’s full pay and two months’ half pay;

• during the second year of service – two months’ full pay and two months’ half pay;

• during the third year of service – four months’ full pay and four months’ half pay;

• during the fourth and fifth years of service – five months’ full pay and five months’ half pay;

• after completing five years of service – six months’ full pay and six months’ half pay.