Policies

This policy applies to sickness and unplanned absences that occur in daily life. The Council recognises that there are occasions when an employee will need support and guidance to help with their reasons for absence. The Council also needs to ensure that the high quality experience to service users and colleagues is not affected by absence and will therefore manage absence to ensure fair and equal treatment to all employees.

Scope

This policy applies to all employees of the Council.

Purpose

Our sickness absence control procedure is there to provide a fair and consistent framework for handling staff sickness. It makes the employees responsibilities clear and gives guidance to managers.

These are our core principles:

• To ensure that all employees appreciate the effect of sickness and unplanned absence on the Council, in terms of efficiency and additional pressure placed on colleagues
• To ensure that all employees are aware of their sickness entitlements
• All employees have a responsibility to attend work and to keep unplanned absence to a minimum
• Managers are responsible for monitoring absence levels amongst their staff, including welfare support and are the first and key point of contact on attendance issues
• To encourage open and honest communication between managers, employees and the Council.
• To support and encourage people with disabilities to achieve progress within the Council and comply with the requirements of the Disability Discrimination Act 2005 and the Equality Act 2010.

Absence Definition

This policy refers to sickness absence that may or may not be paid. Sickness can be defined as:

“Incapacity to carry out the duties and responsibilities which the employee is contractually obliged to do because of their own illness or accident”.

Notification and Certification of Sickness Absence

An employee who is unable to attend work because of sickness must notify the Council as soon as it is reasonably practicable and should comply with reporting arrangements in place within the Council.

An employee returning to work after a period of sickness absence of half day or longer, is required to complete a self certification form, giving the reasons for the absence up to and including the first seven calendar days. Failure to complete a self certification form may result in reduction or loss of sick pay.

The self certification form must contain detail of reason for absence with precise descriptions of illness. Stating sick, not well or ill is not acceptable and the self certification form will be returned for further completion.

For periods of sickness that exceed 7 calendar days (including weekends and Bank Holidays) a fit note completed by a qualified medical practitioner must be submitted.

Fit Notes

Fit notes are about removing the challenges to returning to work. This involves both the Council and the employee working together, being open and honest to find suitable arrangements that provides benefits to both.

If the fit note advises that the employee is ‘not fit for work’, this means they have a health condition that prevents them from working between the dates specified.

If the fit note advises that the employee ‘may be fit for work’ a meeting between the manager and employee will be held to discuss the information by the doctor in the way of a phased return to work, amended duties, altered hours, workplace adaptions, support available and realistic timescales. If the Council cannot make the adaptions or adjustments indicated by the doctor to help a return to work an explanation in to the reasons will be given and the fit note will be used as if the doctor had advised ‘not fit for work’.

Subsequent fit notes must be submitted if the absence continues beyond the period covered by the initial statement and forwarded to HR no later than the day after which the previous certificate expired. If this is not possible for any reason, the member of staff must contact their manager/HR to provide an update of the situation.

An employee who goes into hospital or other similar institutions is required to submit a doctor’s statement on discharge.

When a member of staff is ill immediately before a period of planned leave, a fit note is to be produced certifying return to work before the leave period can commence.

When an employee is ill during annual leave or immediately before a period of planned leave, a fit note must be obtained to cover the reimbursement of holiday leave. If a fit note is not provided, the leave will still count as part of the annual entitlement. Please note, Paid Leave which is affected by sickness can be claimed back for periods of less than 7 days. Most GPs will only issue a Fit Note after 6 days. Therefore the Council may be obliged to accept a self certification form from an Employee who is claiming back annual leave lost as a result of their illness.

If an employee is absent from work due to sickness, they must not work for any other organisation at the same time, unless that other work could be considered therapeutic, for example in cases such as stress or depression.

If an employee arrives at work and has to leave due to sickness, a day’s absence will be recorded unless half or more of the normal hours have been worked in which case only half day will be recorded.

Misleading or false statements may be dealt with under the Council disciplinary procedure.

Where the Council requires an employee to obtain a doctor’s statement solely for the purpose of qualifying for sick pay under the sickness leave scheme, the Council will normally refund any charge made for such a statement.

The Council may require an employee who is unable to work for an extended period of time as a consequence of illness, or whose health is a cause for concern to the Council’s Personnel Committee, to submit to examination by a medical practitioner nominated by the Council or by the Occupational Health Doctor used by the Council. In such cases, the provisions of the Access to Medical Reports Act 1988 will apply. Any costs incurred in connection with such an examination will be met by the Council. The Employee will be asked to give their consent to this examination. The Employee is not obliged to consent, however failure to provide it may be treated as a deliberate attempt to frustrate the Council’s investigation into the problem. Failure to give consent may also result in the withdrawal of the Statutory Sick Pay element of the Employee’s Sick Pay, as allowed under HMRC rules.

Every absence must be certified and recorded to ensure correct payment of sick pay and to ensure that accurate records are maintained. Failure to comply with the certification and reporting procedures may result in loss of sick pay.

Reporting Sickness

The general procedure for reporting sickness is:

The employee must notify their manager, that they are absent due to sickness and that they are unable to get to work. This should be done before the employee’s start time.

Do not use email or leave a message on a phone – the employee must always ensure that they speak to their manager or the Clerks.

The employee should always report sickness themselves. Reporting by other people does not allow managers to discuss: when the sickness started, the nature of the illness, work to be covered and how long the sickness is expected to last. It is only acceptable for others to notify on the employees behalf if they are not able to get to a phone themselves.

If an employee is off work due to sickness, they are expected to provide or give an indication of work that needs to be covered via email or over the phone.

The employee should remain in regular contact during their illness so that the Council knows what is going on – and can plan accordingly. Should the reason for the employee’s sickness absence change or they expect to be absent longer than originally expected the employee will need to inform their manager as soon as possible. Regular contact will vary in individual circumstances but would normally be at least weekly.

After the employee has notified the manager of the absence, the manager will record the employee’s absence in their personnel file.

On the employees return from sickness of less than 7 days a self certification form must be completed, signed by their manager and forwarded to the Clerks as soon as practically possible.

If the employee’s sickness exceeds 7 days a fit note must be provided no later than the eighth day of absence. If subsequent fit notes are required these should be with continuous dates and forwarded to the Clerks no later than the previous fit note expired otherwise pay may be affected.

Please note that failure to comply with the sickness reporting requirements may result in the employee losing their Sick Pay for the period in question.

Non-reporting of Sickness Absence

If the employee fails to comply with the notification and certification requirements the manager will be responsible for contacting them at home. Firstly to check on the employees well-being and secondly to remind them of the correct procedures for reporting absence.

If the employees fit note runs out but continue to be ill they must report this to their manager and indicate a likely return. The employee will need to continue to obtain further fit notes which must run consecutively otherwise this will affect their pay.

If the employee fails to attend work on a second consecutive day the manager must contact the Clerks who will then contact the employee asking them to make contact with the Council within 48 hours. Failure to comply may lead to disciplinary action.

Failure to notify the manager of the absence could result in disciplinary action being taken against the employee.

If an employee has a restricted visa the manager must inform the Clerks immediately. The Home Office must be notified of all cases of absence.

Maintaining Contact

When an employee is absent from work due to sickness it is important that regular contact is maintained between the manager and employee in order to ensure that the employee does not feel isolated, vulnerable or out of touch. The manager may contact the employee by phone to find out about work allocations and request information to ensure that service delivery is maintained.

This contact will not be intrusive and must be handled sensitively. The employee may request for a Councillor to contact them instead of their manager where appropriate.

The form of the contact will be agreed with the employee as appropriate.

The employee should keep their manager informed throughout the period of absence, initially on a daily basis unless their expected date of return is known.

In cases of long term sickness absence, review meetings will be arranged to visit the employee at home, or in another location in agreement with the employee.

In exceptional circumstances it may be necessary for the manager and the Clerk to make an unannounced visit to an absent employee in which case no prior arrangements will be made. Such visits would only occur in situations where circumstances had indicated a necessity for the Council to authenticate a claim for absence or confirm the whereabouts of the employee when all other attempts of contact have failed.

Absence Management

The Council has a duty to manage the absence of all employees in a fair, transparent and consistent manner. Unplanned absences cause considerable disruption and place colleagues under difficult circumstances. The Council is also supportive of employees who have long-term illnesses and wishes to support all employees through their period of sickness.

Managers are responsible for managing the absence within their department with assistance from the Clerks.

Trigger points for managers and employees to be aware of are:

• 4 spells of absence during 6 months;
• 10 days absence during 6 months;
• When an absence appears to have a recurring recognisable pattern, for example frequent absenteeism around a weekend or holiday period;
• Any unauthorised absence.

If an employee’s absence falls into any of the above categories, the manager may decide to conduct a return to work interview, using the guidelines below.

Return to Work Interviews

Best practice in absence management shows that return to work interviews are a crucial part of supporting employees back to work and dealing with repeat absences.

Return to work interviews will be carried out by the manager in the following situations:

• After 7 days or more continual sickness
• After 4 instances of short-term sickness within a 6 month period
• After 10 consecutive days sickness within 6 months
• Where a trend of absence recurs, such as, around a weekend or holiday periods.

Where the absence continues, or becomes more serious, The Clerk may accompany the manager to the return to work interviews.

The disciplinary or capability procedure may be used for serious cases of absence management.

Procedure for Return to Work Interviews

The Manager will arrange a return to work interview with the employee within a maximum of 5 working days following their return to find out the reason for the absence(s), whether the reason is likely to recur and whether steps can be taken to improve the situation. This is to be recorded on the reverse of the self certification form for future reference.

If there appears to be a recurring health problem, the manager under the guidance from the Clerks or Council may ask for permission to obtain a medical report from the GP or specialist, or may write for permission to arrange a consultation with the Council’s Occupational Health Consultant (see above).

If there is no identifiable reason for so many absences, the adverse effects of high absence levels on the Council colleagues will be explained to the employee. The employee will also be advised that the disciplinary procedure will be used if attendance does not improve.

Long Term Sickness Absence

The Council views any absence of 4 weeks or more as long term sickness absence.

When an employee has been absent for more than 4 weeks, he/she may be referred to the Council’s Occupational Health Consultant, who will provide a report to support the employee and employer.

Each long term sickness absence will be viewed on a case by case basis. If the absence keeps reoccurring the disciplinary policy may be invoked, informed by the Occupational Health Consultant’s report, or if consultation has been refused, by facts known.

Termination on the grounds of incapacity will only be used by the Council as a last resort in the event that it is unable to make reasonable adjustments to accommodate the Employee, and following a detailed and proper investigation involving medical reports from the Employee’s Doctor and/or Occupational Health

The decision to terminate employment may, with the agreement of the employee, be in terms of early retirement on grounds of ill health if the employee is a member of an occupational pension scheme provided the relevant scheme approves the application.

Confidentiality

Any information relating to an employee’s absence will be treated as confidential and stored securely within the Clerks office.

Any staff dealing with the above information should not disclose data to anyone other than the manager, the Clerks or Councillors without the consent of the employee.

Disability

If an employee has become disabled then the manager will consider any reasonable practical adjustments which could be made to where and how the employee works (please see section below on Access to Work). The Council would need a report from the GP (with consent) to confirm that these adjustments are necessary.

The definition of disability under the Equality Act 2010 is “if you have a physical or mental impairment, which has a substantial long term impact on your day to day activities”.

Access to Work

Access to Work can help the employees if health or disability affects the way they do their job. It gives the employee and the Council advice and support with extra costs which may arise because of the disability.

If an employee feels that the type of work done is affected by a disability or health condition that is likely to last for 12 months or more, the employee should contact the regional Access to Work contact centre to check eligibility. Further information is available from www.direct.gov.uk

Sick pay

Sick pay will be paid in accordance with the Sickness Leave Scheme.

When an employee’s sickness continues and payments under the scheme are running out, the Council will send a letter advising of this together with DSS documentation to enable the employee to claim sickness benefit. Any further certificates must be sent to the Council for photocopying and will then be sent to the DSS office.

Appointments – Doctor / Dentist / Hospital

Employees should, where possible, make arrangements to have doctors, dentist and hospital appointments at either the beginning or end of the day, or around teaching responsibilities. The time off will need to be agreed in advance with the manager.