2.7 Staff Sickness

Introduction
Policy Statement
Objectives
Sickness
Procedures
Responsibilities

Appendix One: Guidelines

1. Introduction

To enable the Company to achieve its corporate aims and objectives it is essential that all staff contribute effectively whether this involves working on or off site. The sickness management policy plays a significant role in facilitating the health and wellbeing of staff. The key aim of the policy is to put into place processes for managing sickness absence which assist in optimising their effectiveness and capabilities. In this document the term ‘attendance is interpreted in the wider sense of ‘being available for work’.

Absence of staff due to sickness has a direct impact upon the Company including replacement costs; disruption to work in the area; increased workload for colleagues which can lead to increased tensions, anxieties, stress and low morale.

Higher than normal levels of absence may also be indicative of problems within the work environment. As an employer committed to the wellbeing of its staff, the Company is concerned to take all reasonable steps to ensure that staff health issues, and any associated factors in the work environment, are identified at an early stage, and that appropriate action is taken to address these.

For these reasons the Company is introducing a specific policy and set of procedures on the management of absence due to sickness. The sickness management policy and procedures form part of the Company’s general approach to promoting health at work.

Appropriate training will be provided for mangers to equip them with the skills and knowledge to implement the policy in a fair, sensitive and effective manner.

2. Policy Statement

The Company is committed to ensuring that the staff experiencing ill health are treated with understanding and sensitivity whilst facilitating an optimal level of attendance at work. The Company aims to promote an organisational culture that facilitates the health and wellbeing of staff and helps to reduce absence due to sickness and its effects.

Where counselling or welfare advice is needed, the Company will provide appropriate information and support. Where it is considered necessary the advice of the Occupational Health Service (OHS) will be sought.

In cases of partial recovery when the full range of previous duties can no longer be undertaken, the Company will seek to make appropriate reasonable adjustments such as a revision of hours or duties or redeployment to alternative work.

Where staff are absent long-term due to sickness and have little or no prospect of returning to work, employment may need to be terminated on medical grounds.

3. Objectives

The objectives of the Sickness Management Procedures are to:

Ensure that sickness absence is managed responsibly, consistently and fairly, giving staff confidence in the Company’s approach;
Promote a culture where individuals feel that their contribution at work is valued;
Ensure support for staff who are experiencing ill health while minimising absence levels and their impact;
Promote a proactive and positive approach to managing sickness absence;
Eliminate organisational factors that may lead to sickness absence, such as lack of training and support;
Encourage early indication of occupational health issues e.g. muscular skeletal problems and illness which could result in longer term incapacity;
Define the responsibilities of all Company staff and their designated managers in relation to implementing the policy.

4. Sickness

Frequent sickness absence is defined as absence through illness, which is of a short term duration (e.g. a day or a few days) but happens at regular intervals. It is normally self certified (for periods of up to 7 calendar days). It is important to monitor and manage such absences with the aims of minimizing absence and addressing any underlying issues. (See Appendix 1: Guidelines for further advice).

Long term sickness absence is defined as a protracted period of absence (more than 28 calendar days) which is usually due to a single health problem, e.g. caused by an operation, or by a combination of health issues. It is important to have regular contact with employees who are absent due to long term illness, in order to maintain support for the individual and facilitate their return to work. It is also important that Home Manager’s minimize the effects of absence in the area of work concerned. Advice should be sought from Senior Management who can refer cases to the Occupational Health Service (OHS) for advice, including a medical prognosis

A judgment of what constitutes “unacceptable” or “acceptable” levels of absence is entirely dependent on the individual circumstances of each case. Any pattern of absences in a period of 13 weeks should alert the Director of Care/Area Manager to the need for further action. (See Appendix 1: Guidelines relating to undertaking Return to Work discussions and dealing with frequent absences).

5. Procedures

The procedures aim to ensure a consistent approach to sickness absence monitoring, sickness absence reporting and the treatment of staff upon return to work. Procedures apply equitably to staff at all levels.

Sickness absence monitoring

Sickness absence of a half-day or more must be recorded in all cases on the absence report form. Forms should be completed for all levels of staff by an appropriate designated person who has been allocated responsibility.

Sickness reporting

It is the responsibility of all staff to maintain contact during periods of sickness to keep their line manager informed of their situation. This will enable the Company to offer appropriate support and assistance.

The following procedure must be adhered to:

First day of absence

Given the nature of Child Care, it is imperative that consideration be given to the disruption caused by the absence and the effect this will have on staffing ratio and the young person’s care plan.

All staff who are unable to report for work should inform their line manager or out of hours on-call facility and the home they are working at, of their position as soon as reasonably practical, indicating the reason for absence and stating when they expect to return to work.

If it is not possible for the employee to contact their manager direct, they should ensure that contact is made immediately on their behalf.

On the fourth day of absence

If the absence continues for more than three days, further notification as to the nature and probable duration of the illness must be provided to the designated manager.

Continuing absence

Staff should ensure that contact with their manager is maintained during ongoing periods of absence, and that progress is reported regardless of certification requirements.

Return to Work

A return to work discussion after every absence is to be undertaken by the manager as soon as possible after the member of staff has returned to work. The meeting should be informal and informative, based on concern for the health for the individual and any underlying causes, which may affect health/performance. (See Appendix 1: Guidelines for further advice).

Return after a prolonged absence

On occasion, particularly after a prolonged period of absence, an employee may request to return to work on a part-time basis initially. Every effort should be made to accommodate such requests. Where the request is supported by medical opinion recommending a period of part-time work, the employee may return on reduced hours whilst receiving normal pay. An employee may choose, with the agreement of their manager, to take outstanding holiday as a further means of gradually returning to work.

The employee will be expected to build their hours back up to full time/normal hours over an agreed period, normally of up to a maximum of 4 weeks, depending on medical advice, and where appropriate on any issues arising under the Disability Discrimination Act.

If the absence has been prolonged some re-examination of the job role may be necessary, which will involve the Occupational Health Service (OHS).

Sickness absence certification

Self Certification

For absences up to 7 days a Company Self Certification form must be completed normally on return to work.

The manager will sign this and forward it to Head Office. The form is available from your designated manager.

Doctor’s/Medical Certificate

For absences of more than 7 days a doctor’s/medical certificate is required. This must be obtained as soon as the absence exceeds 7 days and sent immediately to Head Office. Further certificates must be submitted if the absence exceeds the expiry date of the original certificate. The member of staff and the manager should ensure that regular contact is maintained throughout the period of absence.

A doctor or complementary health practitioner such as an osteopath will usually issue medical certificates. Some hospitals permit nursing staff to sign certificates.

Holidays and Sickness

A member of staff who falls sick during the course of a holiday is regarded as being absent on sick leave from the date specified on a doctor’s medical certificate, and is entitled to take the balance of the holiday at a later date.

Complaints Procedure

Should any member of staff have concerns about the way in which the sickness absence policy and procedures have been implemented in their case, these may be raised with their 1st line Manager in the first instance. The Company grievance procedures may be followed where individuals are dissatisfied with the way that their concerns have been handled.

6. Responsibilities

The Director has overall responsibility for ensuring that all staff are aware of, and act in accordance with this Policy. Where they are the individual’s line manager, he/she should also undertake the appropriate line management responsibilities. In most cases appropriate managers will be designated to undertake responsibilities for groups of staff within the Company.

Responsibility of Designated Managers

Designated managers have responsibility for implementing the sickness/absence monitoring procedures as follows. Where particular aspects are delegated to other staff, such duties must be clearly assigned, including the identification of an appropriate contact person.

Recording absence on the appropriate form for all staff and ensuring that the information is transferred to a Company monitoring system
Informing the Head Office of all sickness absences, ensuring self-certificates and medical certificates are received on due dates and passed onto the Payroll Manager.
Ensuring that contact is maintained with the absent member of staff in a sensitive manner, with respect for the employee’s right to privacy. The method of contact should be agreed with the employee.
Ensuring that there is a practice established for undertaking a follow up discussion following the return to work. (See Appendix 1: Guidelines for further advice).

If an accident has occurred at work, ensuring that the accident form has been completed and forwarded to Health & Safety within 24 hours of the incident occurring. This may require contact to be made with the member of staff concerned during their absence.

Responsibilities of employees

Employees are responsible for ensuring that they meet their contractual obligation to attend work unless prevented from doing so by a diagnosable medical condition. Employees must take responsibility for:

Acknowledging and resolving problems underlying absences that are within their control;
Ensuring that contact with their Managers is maintained during periods of absence, and that progress is reported regardless of certification;
Ensuring that absences are attributed to illness only when a diagnosable medical condition exists. The Company has a range of policies that cover leave of absence for other reasons, for example, caring, parental and family responsibilities, and senior managers have discretion to deal with exceptional circumstances that are not covered specifically in these policies;
Submitting promptly to their manager the appropriate certificate/medical notes
Co-operating with Company absence management procedures, such as referral to the Occupational Health Advisor.
Informing Head Office where absence is a result of an accident unconnected with work, and involving a third party where damages may be recoverable from the third party.

Exceptionally, where an employee is genuinely incapable of undertaking some or all of these responsibilities, each case will be treated on its own merits.

Role of Accounts Department

The Payroll Manager can give advice on Statutory Sick Pay (SSP) and possible claims for State benefits. She will require an original copy of all self-certificates/medical/ doctors certificates for pay purposes. The office keeps absence records submitted for statutory purposes. Information is held and advice given on the entitlement to and expiry of sick pay.

Role of Senior Managers

Senior Managers can offer advice and guidance on how to deal in a consistent, sensitive and confidential way with issues arising from staff absence due to sickness. They should be contacted as soon as a potential issue is identified and prior to any action being taken at Step 2 of the Guidelines on handling frequent short term and persistent absences (See Appendix 1) and beyond

Senior Managers can advise on a range of practical issues including when an employee submits alternative medical advice (e.g. from complementary health practitioners) and on possible referral to the occupational health and counselling services. Senior Managers are also available to give advice to individual members of staff about the employment implications of their medical position.

Role of the Occupational Health Service (OHS)

The OHS can provide practical advice and support, including on rehabilitation, with the aim of facilitating attendance at work. Advice can also be given to designated managers to assist in achieving this.

Normally Senior Managers will refer cases to the OHS with relevant supporting information including for example, the duration and reasons for absence, factors in the workplace, which may affect the member of staff, and the relevant job description. A copy of the information included in the referral will be provided on request to the member of staff concerned.

Cases referred to the service may involve for example:

Assessment of fitness to carry out the duties of the post;
Assessment of redeployment purpose;
Prognosis on the condition of an individual who is on sick leave, and possible fitness to return to work;
Medical assessment of persistent short term absences;
Assessment for environmental working factors;
Assessment of reasonable adjustments necessary to facilitate attendance at work.

Consultation with the OHS is confidential. The outcome of assessments will be made available to appropriate managers and the individual concerned. Confidential medical information will only be released to third parties with the consent of the individual concerned, except where this is required in law.

Role of the Employee Assistance Programme

This Counselling service is freely available to all staff whether or not they are absent from work. The service adheres to the British Association for Counselling and Psychotherapy (BACP) Code of Ethics and Practice, and is thus bound by the rules of confidentiality.

An individual’s needs will be considered as sensitively and reasonably as possible. The individual member of staff normally makes contact directly, or assistance for referral may be sought via designated managers. Professional liaison between the service and any of the above is encouraged if appropriate and the necessary consents are in place.

Duration, frequency and location of counselling sessions are negotiated between the individual, the counsellor and the Company.

Consultancy to managers is offered concerning staff issues, where the essential boundaries are strictly observed.

Appendix One: Guidelines

The guidelines give general guidance on return to work discussions, and on dealing with frequent/unacceptable levels of sickness absence. They are intended to promote good practice, which reflects both the needs of the Care Home and the Company’s commitment to the wellbeing of its staff.

1. Return to work discussions

The return to work discussion is crucial to managing absence and is likely to be the most effective single technique for identifying contributory factors and reducing absence. It enables managers, in discussion with employees, to find out and, where possible, address the cause of absences, and communicate to employees the importance of attendance.

The return to work discussion is about supporting people and helping to resolve problems. It is not part of the disciplinary process, and should not be treated as such. Discussions should be held with every person each time that they are absent, by the manager and an Absent Report Form must be completed. The majority of discussions will be very quick and straightforward, being essentially an acknowledgement of the person’s illness and a welcome back to work.

Should a member of staff express a wish for personal reasons for the discussion to be held with a member of staff of their own sex, every effort should be made to accommodate this.

A member of staff may be accompanied at discussions by a colleague in a supporting role if they so wish.

The main aims of the discussion are:

To welcome back the employee on their return, and make them feel valued
To check that they feel fit enough to return
To identify the reason for absence
To address any issues that may be causing or contributing to absences
To update the employee on activities during their absence and agree work priorities

The discussion should be conducted in private, in an atmosphere of trust and support, with sufficient time allowed to issues. It is essential that confidentiality be respected. Prior to discussion the manager should have looked at the employee’s attendance record and ensured that they had taken account of any relevant background information.

In appropriate cases it is important that the employee is made aware of the impact that their absence has had on their area of work and the Company. The manager should ensure that agreement is reached as to what action the employee is to take to reduce the chances of absence recurring and underline that it is the employee who has responsibility for taking that action.

It is important to be aware that employees persistently absent over a particular period may be experiencing non-medical problems either at or outside work, or ongoing health problems. Appropriate action should be taken in such cases, for example, problems at work should be investigated; referrals to Occupational Health/Counselling service should be considered.

Finally, the manager should express confidence in the returning absentee and discuss the priorities for catching up with their work.

2. Frequent short term and persistent absences

A four step approach for dealing with frequent short term and persistent absences is outlined below. The Senior Managers, OHS and EAP, can all be contacted at any stage, as appropriate, to advise on and assist with absence-related issues. A member of staff may be accompanied by a Trade Union representative/colleague at meetings, in a supporting role, at any stage of the following procedure if they so wish.

Step 1 – Giving feedback

After obtaining relevant monitoring information the manager should meet with the member of staff on an information-seeking basis to ascertain the cause/s for the absence/s. The monitoring information should be shared with the member of staff indicating any patterns of absences. There may be a genuine non-health reason for absences, such as care responsibilities, and managers should be familiar with the relevant Company policies for such situations (e.g. Compassionate leave; discretionary leave, maternity, paternity and adoption leave, family responsibility leave etc) and be prepared to explore these with the member of staff.

As a result of the discussion the manager may indicate that an improvement in attendance is required, that monitoring will continue and that a follow-up meeting will take place. A written summary of the outcome of the meeting should be prepared for the manager’s file and a copy given to the member of staff.

Step 2 – Seeking more information

If the level or pattern of absence continues to give cause for concern the manager may seek assistance from the OHS. This step should only be taken following discussion of the case with the relevant Senior Manager and advice should be sought as to whether an OHS appointment is considered necessary. Any necessary OHS appointments will be made with the prior agreement of the member of staff.

OHS staff will discuss the reasons for absence with the member of staff and if appropriate request a medical report from their GP. They will take into account all the relevant information and provide a written report. The report should be discussed with the member of staff and the appropriate action agreed, including review dates. A written account of the outcome will be kept on the manager’s file. If requested a copy will be given to the member of staff in accordance with the requirements of the Data Protection Act 1998.

It is important to note that a referral to the OHS is NOT a substitute for undertaking Step 1

Step 3 – Failure to improve

If there is no improvement the manager should consult their manager after which a formal meeting should be held with the member of staff.

if a genuine health problem has been indicated, it may be necessary to look at the job and job content, to ascertain whether changes can be made to the job, method of working, hours of work etc. in order to facilitate an acceptable level of attendance and performance. The requirements of the Disability Discrimination Act need also to be considered. In certain cases it may be appropriate to consider redeployment options. A review should be agreed in order to monitor the situation.
if a genuine health problem does not exist recourse to disciplinary procedures should be considered with the objective of securing an improvement in attendance.
a review period should be agreed in order to monitor the situation.
the assistance of the Employee Assistance Programme may be offered where appropriate.

Step 4 – Final options

If there is still no improvement each case needs to be considered in the light of all the information available, as there may still be genuine reasons for absence. There are three routes that can be considered at this point.

Review the arrangements set out in step 3.
Termination of employment on grounds of incapacity due to ill health/inability to perform the duties of the post.
Instigate a disciplinary investigation, including holding a formal meeting with the member of staff to take appropriate disciplinary measures, bearing in mind that the purpose of these is to produce an improvement in attendance.

End