SICKNESS ABSENCE POLICY AND PROCEDURE

Transcription

1 Enclosure F (5) SICKNESS ABSENCE POLICY AND PROCEDURE APPROVED BY South Gloucestershire Clinical Commissioning Group Quality and Governance Committee December 2015 Date of Issue: December 2015 Version No: 2.0 Date of Review: November 2017 Author: North Bristol Trust HR Department Lindsey Perryman, Head of Governance and Risk 1

2 Document status: Final Version Date Comments 1.0 Reviewed by Clinical Policy Review Group 1.1 November 2013 Approved by Quality and Governance Committee 1.2 October 2015 Review by HR Department 1.3 October 2015 Reviewed by Policy Review Group 2.0 November 2015 Approved by Quality and Governance Committee 2

3 CONTENTS Section Summary of Section Page Cont Contents 3 1 Introduction 5 2 Scope 5 3 Principles and Purpose 5 4 Sickness Absence Definitions 5 5 Roles and Responsibilities 5 6 The Occupational Health Service 8 7 Equal Opportunities/Equalities Impact Assessment 8 8 Attending Occupational Health 8 9 Sick Pay Entitlements 9 10 Sickness Monitoring Reviews Management of Short Term Sickness Management of Long Term Sickness Returning to Work Termination of Employment Due to Ill Health Abuse of the Procedure Audit Review 16 Appendix Appendix 1 Scale of Sickness Pay Allowances 17 Appendix 2 Industrial Injuries 19 Appendix 3 The Equality Act 2010 (encompassing the Disability Discrimination Act) 21 Appendix 4 Example Sickness Reporting Procedure 24 Appendix 5 Sickness Self Certification Form 26 Appendix 6 Return to Work Discussion Manager Guidelines 27 3

4 Further information and advice is available from your Human Resources Department. You may also seek the advice of your Trade Union Representative at any stage of the procedure. The failure to comply/adhere to this policy may be investigated in line with the Investigating (Employment) complaints and allegations policy and procedure and may result in disciplinary action, up to and including dismissal. 4

5 1. INTRODUCTION 1.1 South Gloucestershire Clinical Commissioning Group (CCG) recognises that on occasions employees may feel unwell or suffer from a serious health condition which may prevent them from being able to fulfil their duties or attend work. The CCG aims to offer support throughout these periods, treating people appropriately and with sensitivity. The CCG also aims to balance sickness absence with minimising disruption in the work place through adopting a fair monitoring and review system that will also contribute to creating a healthy workplace. 2. SCOPE 2.1 This policy and procedure applies to all employees within the CCG. 3. PRINCIPLES AND PURPOSE 3.1 The purpose of this policy is to assist managers and employees to maintain an optimum level of attendance at work. It also ensures that nonattendance due to sickness is managed effectively and that employees who are absent due to illness are treated fairly and sensitively. 3.2 This document clarifies the roles and responsibilities of both managers and employees, and highlights the consequences of failing to follow the procedures included in the policy 4. SICKNESS ABSENCE DEFINITIONS 4.1 Sickness absence is defined as a day, or a period of days when an employee is unable to attend work because they are ill or have been advised to refrain from work for health reasons. 4.2 An occasion of sickness absence is an unbroken period of time off sick. 4.3 Long term sickness absence is defined as a period of unbroken period of sickness absence lasting 4 weeks or more. 4.4 Sickness absence relates to health and should not be confused with other types of leave. If an employee needs to be absent from work for other reasons, for example; to care for their sick child or deal with a crisis, they should discuss these reasons immediately with their supervisor or manager and use the appropriate leave arrangements available from within the CCG as advised by their manager. 5 ROLES AND RESPONSIBILITIES 5.1 Employees Employees must attend work and perform the duties of their post unless they have an authorised absence, for example - sickness absence, 5

6 parental leave or annual leave Employees should not attend work if they are unwell or unfit, if in so doing they would affect their health and the health of others Employees must be aware of, and comply with this sickness absence procedure, and any locally agreed sickness absence reporting arrangements within their department. The process for sickness reporting can be found in Appendix Employees should make sure they know who to contact when reporting absence. Their contact person may be for example their supervisor, line manager or department manager Employees are responsible for notifying their manager or nominated person of their sickness absence and must keep in touch with them and attend meetings as appropriate and agreed throughout their sickness absence Employees must immediately inform their manager or nominated person if they think their sickness absence is work related, for example: as a result of an incident or accident at work. They should also complete an incident form If employees have come into contact with an infectious disease you must notify your line manager immediately so that reasonable steps can be taken to protect colleagues when necessary Employees must s u b m i t F i t N o t e s to their manager or nominated person to the timescales detailed in their local reporting arrangements, Appendix Employees must attend an Occupational Health appointment if reasonably requested by their manager. This may be whilst they are off sick; however managers can require that staff attend Occupational Health at any time if they are sufficiently concerned about their well-being Employees should not unreasonably withhold their consent for Occupational Health to approach their GP or consultant for further information where this will inform any decision making Employees must meet with their manager on their return to work to discuss the reason for their absence and to ensure they are fit enough to resume their duties. This meeting is referred to as a Return to Work discussion 5.2 Line Managers Line Managers will:- Be sensitive to the needs of all employees, including under-represented 6

7 groups. This includes ensuring that messages/explanations are given using plain language and are easily understood. Ensure that they implement local arrangements for reporting sickness absence in their area. Arrange the receipt and retention of all medical certificates submitted by staff on the employee personnel file. Ensure that all sickness absence is properly and promptly recorded each month on the Payroll sheets and returned to the Payroll Department by closedown. Ensure that sickness absence records of all members of staff are reviewed regularly and appropriate action is taken as necessary. Maintain contact with those who are absent on short term and long term sickness in a sensitive manner and to an extent which is reasonable in the circumstances. Ensure that employees are contacted for a brief return to work discussion when they return to work following a period of sickness absence. Obtain medical advice about an employee s ability to carry out their job using information provided in the Fit Note and referring to the Occupational Health Service where appropriate Ensure employees are made fully aware of any reasons for referrals to the Occupational Health Service, and, wherever practicable, will act upon advice received from them. Review sickness information provided by Human Resources/management data ensuring robust follow up action in line with this policy. 5.3 Human Resources The Human Resources Department will: Advise on the management of individual cases as appropriate. Support managers in close liaison with the Occupational Health Service in adopting a range of options that can facilitate a healthy workplace and return to work programmes. Provide CCG absence statistics to the Quality and Governance Committee 7

8 Provide regular sickness information and statistics to managers. 6 THE OCCUPATIONAL HEALTH SERVICE 6.1 The Occupational Health Service is an independent and specialist service composed of Occupational Health nurses and doctors with expertise in assessing the ability of an employee to work with regards to his/her medical condition. The service also provides support to members of staff to facilitate their return to work or advice on suitable alternatives to their current post. 6.2 The Occupational Health Service deals with confidential medical information and provides information to managers on specific areas of concern relating to the work place. They provide managers with information for him/her to make decisions upon. 6.3 With an employee s permission, Occupational Health may seek further information from GPs or Specialists. 7. EQUAL OPPORTUNITIES/EQUALITIES IMPACT ASSESSMENT 7.1 An Equality Impact Assessment has been completed for this policy and procedure and it does not marginalise or discriminate minority groups. 8 ATTENDING OCCUPATIONAL HEALTH 8.1 Employees may be required to attend the Occupational Health Service, for example: If they or their line manager have any concerns regarding their health at work. To check if an employee has any underlying health problems affecting their ability to attend and/or perform their work duties. For advice if an employee has a recurrent period of time off with a serious health problem. For advice if an employee has been or will be absent for a long period of time. For a return to work assessment following long term absence or a serious health problem. If an employee becomes disabled. Further information about the definition of disability can be found in Appendix 4. If an employee suffers an industrial injury. Further information about industrial injuries may be found in Appendix 3. 8

9 If an employee has come in to contact with an infectious disease. Further information about infectious diseases may be found in Appendix 2. At any appropriate time during a period of long term sickness. If however, an employee is absent for 6 consecutive weeks, their manager will automatically request that they attend for a medical opinion and advice. If an employee is making an application for ill health retirement. If an employee is making an application for Temporary Injury Allowance (TIA). Employees will always have the reasons for attending the explained to them. The staff at the Occupational Health Service are always happy to discuss any concerns employees may have about attending an appointment. Employees are able to take a partner or another person with them. It is a requirement that employees attend Occupational Health when asked to do so, however, if anyone chooses not to attend or cooperate then their Manager will act upon the information he/she has available to them. The Occupational Health Physician will write to the referring manager outlining their advice and recommendations, answering questions posed on the referral form. 9 SICK PAY ENTITLEMENTS 9.1 Sick pay is calculated according to length of service as determined by the Agenda for Change Terms and conditions Han dbook (see Appendix 1 for details). 9.2 These arrangements are intended to supplement statutory sick pay and provide additional payment during absence due to illness, injury or other disability. 9.3 There are certain conditions attached to the payment of occupational sick pay and these are outlined below: Full details can be found in the Agenda for Change Terms and Conditions Handbook. 9.4 Employees will not be entitled to an additional day off if they are sick on a statutory holiday. 9.5 Annual leave is accrued during paid and unpaid sick leave as determined by the member of staff s contract of employment and Agenda for Change 9

10 Terms and Conditions Handbook. 9.6 Carry over limits in respect of annual leave should take account of limits placed by the European Working Regulations which state a maximum of 28 days (pro rata) can be carried forward into the new leave year. 9.7 Sick pay will not normally be payable for an absence caused by an accident due to active participation in sport as a profession, or where contributable negligence is proven. 9.8 If an employee is absent as a result of an accident they will not be entitled to sick pay if damages are received from a third party. The CCG is able to, however, advance a sum not exceeding the amount of sick pay payable providing the employee repays the full amount of sickness allowance when damages are received. 9.9 Employees, who have two jobs and are signed off sick, are unable to work in either job. S e lf - c e r t i f i c a t e s a n d F i t N o t e s cover all work, unless there is something in writing to the contrary from a GP. This includes circumstances when the second job is outside the CCG/NHS. Anyone found to be working in another job, whilst signed off sick for the CCG, may be investigated in accordance with the CCG's Disciplinary Policy. 10. SICKNESS MONITORING AND REVIEWS 10.1 Sickness Monitoring Line managers systematically monitor all sickness absence. Details of sickness absence are noted on employees sickness absence records, which are kept in departmental personal files in the strictest of confidence. Sickness absence dates are also entered onto the HR database (ESR) within the payroll department to ensure correct salary/wages payments are made Monitoring sickness absence helps managers identify any work related health problems and other concerns in order that they may create a healthy workplace and manage their department efficiently Current Department of Health requirements are in place to monitor the levels of sickness absence in the Health Service. Only true sickness absence should be recorded. An employee who has a problem such as a child, or family member who is sick, etc., should take the appropriate leave. Line managers/human Resources can advise with this Sickness Reviews Reviewing sickness absence helps managers identify any areas for individual concern requiring support or further investigation On occasions managers may need to hold a meeting with their reports to 10

11 discuss their sickness absence and/or any other concerns s/he may have regarding their health and attendance at work. This is a sickness review meeting and should not be confused with a brief return to work discussion which follows all periods of sickness absence Managers will automatically call an employee to a sickness review meeting: If they have sickness absence on 3 or more separate occasions in a rolling 6 month period If they have 6 separate incidents of absence or a total of 12 working days absence in a 12 month period If they have recurrent periods of time off with a serious health problem. If they have had/or are still off on long term sickness (i.e. more than 4 consecutive weeks). If s/he is concerned about an employee s health/well-being Employees can also request a meeting, particularly if they are worried about their own health The meeting itself must be face to face and a Trade Union representative/an official employed by a Trade Union (or work colleague) or a Human Resources Representative may be invited at either parties request At the end of the meeting an action plan should be agreed and a further review date if necessary The discussion and any actions agreed will depend upon the nature of the sickness absence or health concern. At times, however, there may be a need to talk about: A referral to the Occupational Health Service Help and support Return to work arrangements Disability Attendance and performance at work Industrial injuries If a satisfactory improvement has not been made during or after the review period, the manager will enact the Capability Policy & Procedure for the management of Short Term Sickness (see below). This could occur as soon as the staff member has breached the agreed improvement plan. 11

12 11. MANAGEMENT OF SHORT TERM SICKNESS Short term sickness is defined as intermittent episodes of absence lasting a day or a period of sickness lasting less than 4 consecutive weeks Frequent short term sickness If frequent episodes of short term sickness are not resolved and an employee s overall absence levels remain high despite informal review/s and support from their manager, the Capability Procedure may be invoked The Capability Procedure will be enacted when the trigger points outlined above are met Where this occurs a Stage 1 Warning will be issued including required attendance levels This will be held on the employee file for a period of 6 months Sickness absence will be reviewed 6 months after the Stage 1 Warning has been issued or as soon as the staff member breaches the required attendance levels If short term sickness absence has dropped and the required minimum levels of attendance have been met over this period by the member of staff, a further review will take place after 12 months. (The Stage 1 warning remains on file for this period) Where the required attendance levels have not been met, a Stage 2 Warning will be issued. 12. MANAGEMENT OF LONG TERM SICKNESS Long term sickness is usually a period of sickness which lasts or is expected to last for 4 weeks or more Employees on Long Term Absence Managers should be aware of individual circumstances and should be in regular contact with employees who are off work. If this is not the case then the employee should make contact as soon as possible to discuss any concerns, the support available to them and to make any necessary arrangements Employees who are off work should continue to keep in contact as appropriate and send in their medical certificates at the correct times Either party may request a meeting at any appropriate time during the absence to discuss the situation, concerns and any support needed. An 12

13 appropriate discussion or meeting arrangement should be made if the sickness absence extends to 4 weeks This meeting will normally have the outcome of a referral to the Occupational Health Service. In cases of long term absence, the manager should refer their member of staff at the earliest possible opportunity to ensure that the appropriate help, advice and support is put in place The meeting will normally be held at the place of work, but may be held at an employee s home or other agreed location if appropriate. There is an entitlement to be accompanied at the meeting by a Trade Union representative/an official employed by a Trade Union (or work colleague) at this meeting The purpose of this meeting is for a plan to be formulated to support a return to work effectively. If this plan is not adhered to for any nonidentified reason, the capability procedure may be considered Long term sickness absence will be classed as an episode in terms of managing sickness and if overall sickness absence levels remain high, despite informal review/s with the line manager, the Capability Procedure may be invoked. 13. RETURNING TO WORK 13.1 When an employee believes that their sickness absence will be ending they must contact their line manager as soon as possible to arrange a return to work If appropriate, the manager will arrange for their member of staff to attend the Occupational Health Service for a return to work assessment to check whether s/he is fit to return to their work duties. Should this be the case, as much notice as possible needs to be given If an employee is not fit to return to their full duties straight away then the line manager will advise of the options available. It may be appropriate for example, to have a phased return to work, or to be temporarily or permanently redeployed as described in the following sections Temporary Rehabilitative Redeployment/Phased Return A phased return to work is a temporary arrangement. It is a gradual return to the full duties of a post and could involve temporary changes to hours and/or the duties of a post. It may also involve a change to the normal place of work; however this would be arranged in agreement with individual employee. This return to work must be seen as a temporary reduction in hours, undertaken on medical advice and will be for finite period, usually of not more than one month (unless medical advice exceptionally indicates a longer period). 13

14 The arrangements for a return would be made with advice from the Occupational Health Service and the Human Resources Department. The options are fully discussed with employees If an employee returns to work on a reduced hours basis they will continue to receive payment for their contract hours for a period ending on the date when half sickness pay entitlement would normally have expired had there not been a return to work under these provisions. After this time, payment will normally be for the hours worked. In exceptional circumstances and in accordance with NHS sickness provisions (see Appendix 1) the period of sick pay may be extended by mutual agreement. The relevant Director would need to give approval in these circumstances. This arrangement can only be agreed in accordance with advice from Occupational Health and is for a finite period only. At the end of this period the employee would be expected to return to their full duties If an employee returns to work on a reduced responsibility basis (i.e. at a lower grade) or in a supernumerary capacity this would also be for a finite period and the above pay arrangements would apply Every effort will be made to support a return to the existing job. Line managers will, where possible, make reasonable adjustments to posts to assist with a return. Adjustments may be on a permanent or temporary basis and may include modifications to hours or duties as well as to equipment or premises. Appendix 4 provides guidance related to adjustments in relation to the Disability Discrimination Act It may be necessary to make a referral to a Job Centre Plus (Access to Work Team) to advise on adjustments to the workplace Permanent Redeployment At times it is necessary to permanently re-deploy a member of staff. Please refer to the Redeployment Policy for further details. 14. TERMINATION OF EMPLOYMENT DUE TO ILL HEALTH 14.1 Where all options for a return to work have been exhausted including redeployment to other suitable posts and it becomes clear that an employee is permanently unfit to return to work for the CCG, their employment may be terminated on the grounds of ill health and the following points may apply: (a) Anyone who is a member of the NHS Pension Scheme is eligible to apply for an ill health retirement pension, provided they have two years service. The application needs to be supported by the Occupational Health Service. It is an employee s decision to apply for ill health retirement. Ill health retirement applications are considered by the Pensions Agency and the CCG is not involved in the decision to 14

15 award ill health retirement. An employee may apply for ill health retirement whilst still employed or following termination of employment (see below). Where appropriate, the CCG will seek to maximise benefits payable if awarded. This could mean for example, payment in lieu of notice or, enabling payment of the ill health retirement lump sum and pension through forfeiting any remaining occupational sick pay. In these circumstances, the options available will be discussed fully with the employee. Advice will also be taken from both the Human Resources and Pensions Departments. (b) Regardless of whether someone is a member of the NHS Pension Scheme, if medical opinion has confirmed that the employee will not be able to return to work, the relevant Director may consider terminating the employment on the grounds of capability. Normally, the CCG will consider termination of a contract at the point where an employee is in a nil pay situation and there is no prospect of them being able to return to work imminently. There may also be circumstances however where it is clear from medical advice that an employee will be unable to return to work whilst they are still receiving sick pay and in these circumstances, consideration will be given to terminating their contract earlier, provided they have agreed to this. A member of the Human Resources Department will explain the procedure in full. Where all options for a return to work have been exhausted and ill health retirement (and/or point 14.1b above) does not apply, then employment with the CCG may be terminated. This decision will be taken by a relevant Director or Senior Manager with delegated authority. This is an employment related decision not a medical decision and the reasons for the termination will be fully discussed with the employee. An employee s contract will be terminated in accordance with their terms and conditions of employment. (See also the CCG s Termination of Employment Policy). Payment will be made for any outstanding annual leave in accordance with the annual leave regulations in addition to contractual notice or payment in lieu of notice. There will be a right to appeal in accordance with the Appeals procedure. 15. ABUSE OF THE PROCEDURE 15.1 Unless there is a satisfactory reason, if an employee fails to notify their manager of their absence or fail to provide a Medical Certificate, they will not be paid for those days of absence and it will be recorded as unauthorised. Unauthorised absence (without good reason) constitutes a breach of contract. Backdated certificates will not be accepted unless in 15

16 exceptional circumstances Unless there are exceptional circumstances, abuse of this policy or failure to follow these or any local guidelines, will result in an investigation in accordance with the CCG s Disciplinary Policy and Procedure. 16. AUDIT 16.1 It is the manager s responsibility to check certification of both self certificates and Fit Note. Human Resources will assist and advise on short term and long term cases, liaising with managers where appropriate to ensure compliance with this policy. 17. REVIEW 17.1 This policy and procedure will be reviewed after 2 years or earlier at the request of either the staff or management 16

17 APPENDIX 1 SCALE OF SICKNESS PAY ALLOWANCES 1, Employees absent from work owing to illness are entitled to receive sick pay in accordance with the scale below:- During the first year of service one months 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 completion of five years service six months full pay and six months half pay (maximum entitlement). 2. The definition of full pay will include regularly paid supplements including any recruitment and retention premia where applicable and payments for work outside normal hours i.e. your sick pay is calculated on the basis of what you would have received had you been at work. 3. Sick pay for those staff who have exhausted sick pay entitlements should be reinstated at half pay, after 12 months of continuous sickness absence, in the following circumstances: staff with more than 5 years reckonable service - sick pay will be reinstated if sick pay entitlement is exhausted before a final review meeting for long term absence has taken place staff with less than 5 years reckonable service - sick pay will be reinstated if sick pay entitlement is exhausted and a final review does not take place within 12 months of the start of their sickness absence. 4. Reinstatement of sick pay should continue until the final review meeting has taken place. This will only apply where the failure to undertake the final review meeting is due to delay by the CCG and will not where a review is delayed due to reasons other than those caused by the employer. 5. Full pay is inclusive of statutory benefits the combined addition of statutory sick pay to half pay does not exceed full pay. 17

18 6. Continuous previous service with any NHS employer counts as service for the above. The CCG also has the discretion to take into account any period or periods of employment with non-nhs employers where these are judged to be relevant to NHS employment. 7. Further detail can be found in the Agenda for Change Terms and Conditions Handbook. 18

19 APPENDIX 2 INDUSTRIAL INJURIES 1. What is an industrial injury/incident? An industrial injury is an accident or incident that has occurred at or as a result of your work. You must always report an industrial injury. Incident/Forms are available to you on the intranet or from the Head of Governance and Risk. If you believe your sickness absence is as a result of an injury or incident at work, then you must let your manager or nominated person know. They will advise and help you and will make any investigations and take appropriate action to prevent such an incident from occurring again. Your manager will also inform payroll in order that you may receive any entitlements to industrial injury benefit for which you are eligible. Your manager may refer you to the Occupational Health Service for advice. 2. What is NHS Industrial Injury Benefit? It is a scheme which provides a guaranteed level of earnings for an individual suffering from an industrial injury. All NHS employees are covered by the NHS Industrial Injury benefit Scheme. 3. How do I qualify for NHS Industrial Injury Benefit? To qualify for Injury Benefit, the injury or disease must have happened at work, i.e. the injury, disease or condition must be contracted or attributable to your employment - that is either during your employment or due to your employment. Additionally, it must not have occurred as a result of your own serious negligence or misconduct. You must have filled in and sent an accident/incident reporting form to the appropriate manager at the time of the accident/injury You will have been referred to the Occupational Health Service for independent advice and /or assessment You will be on sick leave with reduced or no pay 19

20 Your earning ability will be permanently reduced by 11% Your manager will have informed the payroll department that you are eligible for Industrial Injury payment in order that they may arrange for the appropriate payments. 3.1 Injury Allowance (IA) The new Injury Allowance covers employees who sustain an injury or contract a disease or other health condition due to NHS employment on or after 31 March 2013and forms part of NHS Staff Terms and Conditions of Service - Section 22 refers. More information about Injury Allowance and supporting guidance can be found on the NHS Employers website at Permanent Allowance Permanent Injury Benefit under the NHS Injury Benefit Scheme is no longer available to people who sustain an injury or contract a disease due to NHS employment on or after 31 March Industrial Injury Benefit In addition you may be able to claim industrial injury benefits from the relevant Benefits Agency. You are advised to contact your local benefits office directly. 20

21 APPENDIX 3 THE EQUALITY ACT 2010(Encompassing DISABILITY DISCRIMINATION ACT) 1. The Disability Discrimination Act 1.1 The Equality Act 2010 (which encompasses the main provisions of the Disability Discrimination Act (DDA) 1995 and DDA Amendment Regulations 2004) makes it unlawful to discriminate against a disabled person in terms of their employment, promotion opportunities, by dismissing them or by subjecting them to any detriment. 1.2 The Act defines disability as Physical, or mental impairment which has substantial or long term adverse effect upon the disabled persons ability to carry out normal day to day activities. 1.3 In order to assess whether a person falls within the definition of disability the following 4 questions must be considered: Does the employee have an impairment which is either mental or physical? (Mental impairment can include various forms of depression provided the prognosis is long term and there is appropriate medical evidence) Is the adverse effect substantial, rather than minor or trivial? Are the substantial effects long term? An impairment will be long term if it has lasted for at least 12 months, or is likely to last for 12 months. It will also be long term if it likely to last for the rest of the life of the person affected even if their life expectancy is less than 12 months.) Does the impairment affect the employee s ability to carry out normal day to day activities? (One or more of the following would need to be affected: mobility, manual dexterity, physical co-ordination, continence, ability to lift, carry or otherwise move everyday objects, speech, hearing or eyesight, memory or ability to learn, concentrate or understand perception of the risk of physical danger). 1.4 For the purposes of the Act the illness or condition is considered long term if it has lasted 12 months or more. 1.5 Day to day activities would normally include eating, dressing and similar. 1.6 The definition of disability applies from the time of diagnosis for those employees with progressive conditions of HIV, Multiple Sclerosis, and cancer. 1.7 Employees with a mental illness are also protected even if their condition is not clinically recognised. 21

22 2. What types of discrimination claim can a disabled employee make? 2.1 The types of discrimination under the Equality Act are direct discrimination, failure to make reasonable adjustments, subjecting a disabled person to harassment and victimisation and indirect discrimination. 2.2 Direct Discrimination An employer/manager will directly discriminate against a disabled person if their treatment: - Is on the grounds of their disability, and is less favourable this may relate to the recruitment process, the opportunity for promotion, dismissal etc Failure to make reasonable adjustments Under the DDA Act employers have a legal responsibility to make reasonable adjustments. Reasonable adjustments do not just relate to physical arrangements in the building, they can be arrangements such as altering working hours. Other examples include:- Making adjustments to the premises Allocating some of the disabled person s duties to another person. Redeployment Altering the person s working hours Allowing the person to be absent during working hours for rehabilitation Giving/arranging training Acquiring or modifying equipment Providing a reader or interpreter Providing supervision or support Assistance from various bodies such as Access to Work team can be obtained to provide advice and to help with the financial cost of some of the above. 3. Can a disabled employee be dismissed on the grounds of ill health? 3.1 If an employee can no longer fulfil their duties because of their disability, an employer is entitled to dismiss that employee subject to the proper procedures (as outlined in this policy) being followed. 3.2 Dismissal of a person for a reason relating to their disability would need to be justified. 3.3 Managers should seek advice on the application of this Act from their Human Resource Department, who will ensure that the Act is fairly applied across the CCG. 3.4 It may also be appropriate to involve a Disability Employment Advisor in assessing ways of supporting an employee on their return to work. 22

23 3.5 When dealing with sickness absence of a disabled person it is advisable for managers to: Consult with the employee at an early stage Seek advice from Human Resources and the Occupational Health Service on reasonable adjustments to assist the employee to reduce ongoing patterns of absence 3.6 Allow a monitoring period following any adjustments 23

24 APPENDIX 4 EXAMPLE SICKNESS REPORTING PROCEDURE What do I do if I cannot attend work for sickness or health reasons? 1. Make Contact 1.1 Your nominated contact person is:- 1.2 Make contact with your nominated person on your first day of absence or earlier if possible. This should be before your start time or not later than 1 hour after your start time. 1.3 If it is possible, let your nominated person know how long you will be away from work and arrange to make contact again at an appropriate time. Provide a contact telephone number on which your manager can reach you. 1.4 Let your nominated person know if you think your sickness absence is work related, for example due to an incident or accident at work or if you have come in to contact with an infectious disease, as detailed in Appendix 2 and 3 of the Sickness Absence Policy and Procedure. 2. Keep In Contact 2.1 Do contact your nominated person at the agreed times. 2.2 Keep in regular contact and let your nominated person know when you are likely to return to work and of any changes to your circumstances, for example if you are not able to return on your previously stated date. 3. Complete Sickness Certificates 3.1 Give or send the appropriate sickness certificates to your nominated person as follows: Day 1 Day 7 7 Days + Sickness Self Certification Form Fit Note For all days of sickness up to 7 days For all days of sickness of 7 days and over. (The Form may be found in Appendix 6) Provided by your GP or hospital. F it No tes must be received in a timely fashion. This should be dated no more than 4 days after the 7 th calendar day of absence & cover the period from the 7 th day of absence. 24

25 This should normally be received by your manager during the second week of your absence. Failure to do so may result in your pay being withheld. On your return to work Let your nominated person know when you have returned to work. If you may be absent for a long time or have a serious health concern Your nominated person will briefly discuss * Your responsibilities * Sickness reviews and monitoring * Frequent short term sickness * Long term sickness & return * Disability * What happens if you abuse the procedure. Including e.g.- discuss the reasons for your absence with you, ensure you are fit to return to your duties and will provide you with any help and support you might need. The necessary forms for the payroll department will also be completed. You can ask for help and support from any manager you feel appropriate, your Trade Union Representative and/or your Human Resource Department. 25

26 APPENDIX 5 SICKNESS SELF CERTIFICATION FORM This form should be completed following one day or more of sickness absence (including part shift if you went home), and returned to your manager. If you are absent for more than 1 calendar week a medical certificate from your GP will also be required, effective from the 8 th calendar day. ABOUT YOU SURNAME.. FORENAME ADDRESS JOB TITLE DEPARTMENT... ABOUT YOUR SICKNESS DATE SICKNESS ABSENCE COMMENCED DATE OF RETURN TO WORK. DETAILS OF SICKNESS INJURY... INDUSTRIAL INJURY If injured at work give details of accident. WHEN DID ACCIDENT HAPPEN? DATE... TIME. WHERE DID ACCIDENT HAPPEN?... WHAT HAPPENED?... ACCIDENT REPORT FORM COMPLETED YES/NO (If NO then accident must be reported immediately) SIGNATURE EMPLOYEE Recorded on monthly sickness return and individual sickness record card (Department sickness administrator) Signed. Date MANAGER STATEMENT I confirm that the appropriate action has been taken to notify payroll, and any other as necessary in accordance with the sickness absence policy. Signed Date 26

27 RETURN TO WORK DISCUSSION MANAGER GUIDELINES APPENDIX 6 1. Return to work discussions are one of the most effective ways of managing absence as it provides you with an early opportunity to discuss the details of the absence with the individual, assists with the monitoring of sickness absence levels, it also identifies trends and problem areas so that appropriate action can be taken. Your role as manager is to be proactive in maximising attendance, health and wellbeing of your staff. 2. Preparing for the discussion 2.1 In preparation for the discussion, you should take the following factors into account: Previous absence record e.g. length and frequency of any absence Whether there is a pattern of absence regarding reason and timing e.g. extending weekends by taking the Monday/Friday as sick leave The likelihood of an improvement in health (based on medical advice from Occupational Health) The employee s personal circumstances 3. Conducting the discussion 3.1 The return to work should take place on the day the individual returns to work or at the earliest opportunity upon their return. You should exercise discretion over the format and duration of the discussion. If the employee is rarely away from work, a general discussion checking that they are well enough to attend work and letting them know they were missed, may be all that is required. In more persistent or complex/sensitive cases a lengthier meeting may be more appropriate. 3.2 Return to Work discussions should be conducted in private, and in a sympathetic, fair and supportive manner. It should not be critical, lacking in compassion or adding to the anxiety the employee may already be experiencing. 3.2 Minimum requirements that should always be addressed when individuals return to work: Confirm the reason for absence Discuss whether the member of staff is fit to return to work Let the member of staff know that they were missed. Provide an update on anything important that has been missed during the period of absence Complete the Return to Work Form and any actions agreed 3.3 In more persistent or complex cases, the meeting may need to cover some or all of the additional points below: 27

28 Where appropriate check if any medical advice was sought and whether any steps were taken to aid recovery Where appropriate, check whether a recurrence of the problem is likely and whether any preventative measures are being taken Where appropriate, discuss the impact the absence has on the team Discuss any observations you have made regarding their absence e.g. frequency or patterns of absence Remind the individual that it is incumbent to keep their absences to a minimum 3.4 Also consider whether any additional support or assistance may be needed e.g. discussion with HR, referral to Occupational Health 4. Agreed action Summarise agreed actions to be taken Be clear about who is taking action Agree timescales for improvement and a review date In serious or complex cases you should ask HR for advice and support in managing absence in line with the CCG s policies. 28

29 RETURN TO WORK DISCUSSION RECORD Name.. Month/Year Commencing.. Previous 12 months sickness total First Day of Sickness Day/Date Last Day of Sickness Day/Date Reason for Absence Total Days Absent Running Total over 12 months Summary of points discussed Actions Agreed Signature of Manager and Employee Date 29