Contents Page Overview 1 Summary 2 Further Information 3 Consultation 4 Approval 5 Review 1 Scope and Purpose 2 General Principles 3 Notification and Certification of Sickness Absence 4 Calculation of Sickness Absence 5 Absence due to injuries caused by accidents 6 Contact with infectious diseases 7 Absences excluded from sickness calculation 8 Inappropriate activity during sickness absence 9 Holiday whilst absent through sickness 10 Sickness whilst on holiday leave 11 Holiday entitlement during/after sickness absence 12 Return to Work after Sickness Absence 7 13 Return to Work - Rehabilitation after long term absence 14 Absence due to Alcohol or Drug Abuse 15 Ill Health Retirement 16 Terminal Illness 17 Home Visits/Contact 18 Termination or Suspension of Allowances Appendices Appendix 1 Appendix 2 Appendix 3 Entitlement to Sick Leave Sickness Reporting Procedure For Staff Sick Leave and Sick Pay Scheme 1 1 1 1 1 1 2 2 2 3 4 5 6 6 6 7 7 7 7 7 8 8 8 8 9 10 10 11 12 This document is available in large print or in an alternative format that meets your needs. Please contact the HR Manager. May 2014 Ref:POL0042
Overview 1. Summary This document contains the policy and procedures relating to staff sickness and absence. 2. Further Information Deputy Principal Personnel Department UCU Branch officer UNISON Shop steward Human Resources Officer 3. Consultation Consultation originally included: Senior Management Team (SMT) UCU Regional Office UNISON Regional Office Cross College Staff 4. Approval Approval was obtained from the Corporation in 2010 and revised. Signed on behalf of North Lindsey College by: A. Tuscher, Chair of Corporation: Date: 5. Review This procedure will be reviewed annually. May 2014 Page - 1 - Ref:POL0042
1 Scope and Purpose 1.1 This scheme sets out the rights, entitlements and obligations of staff who are absent from work owing to sickness (ie, illness which includes injury or other disability) 1.2 This procedure applies to all members of staff (except Silver Book, who continue to be covered by the existing agreement) 1.3 The purpose of the procedure is to deal with all absence in a manner which is fair to the employee and will minimise the adverse effects on their colleagues. 1.4 The policy is designed to help all staff to minimise their absence from work and provide an acceptable return to work procedure. 2 General Principles 2.1 Every effort will be made to help staff absent through sickness to make a smooth transition back into the workplace. In the event of any sickness absence, the member of staff will be contacted by the Human Resource Officer, to discuss their absence and return to work detail. 2.2 In the event of habitual absence for short periods the staff member will meet with Occupational Health and the disciplinary procedure may be invoked if this is appropriate after full investigation. 2.3 In the event of long term absence, the staff member will meet with Occupational Health the professional difficulties procedure may be invoked if this is appropriate after investigation, taking into consideration factors which may include: the nature, length and effect of the employees ill health the employees previous and likely future service with the College the nature of the job, and the need for a permanent replacement whether it is against the employees, the College's or the public's interest to continue employing the employee 2.4 Staff can appeal against action taken under the disciplinary policy or the professional difficulties policy, in accordance with the procedures set out within them. 2.5 All action taken under the disciplinary policy or the professional difficulties policy will be in accordance with the said policy. 2.6 No action will be taken without a full and thorough investigation as to the circumstances of each individual case. 2.7 Each period of sickness payment entitlement will be calculated based on the twelve months prior to the absence (see 4.1 (ii)). May 2014 Page - 2 - Ref:POL0042
2.8 The College has an obligation to pay Statutory Sick Pay (SSP) on behalf of the Social Security Benefits Office to those employees who are eligible to receive it. This scheme explains regulations affecting entitlement to occupational sickness benefits and the effect of SSP on these benefits. 2.9 The entitlement to occupational Sick Pay increases according to the length of the employee s continuous service (see Appendix 1). The date from which continuous service is calculated is stipulated in the employees contract. 2.10 Where an employee has no normal working hours per week, a weeks pay will be calculated by averaging the hours worked in the 12 weeks prior to the date on which the sickness began. 3 Notification and Certification of Sickness Absence 3.1 An employee who is absent from work for reason of their sickness must notify the College of this as soon as is reasonably practicable. If an employee is unable to notify the College themselves they should ask a friend or family member to do so on their behalf. Failure to do so may result in loss of payment. 3.2 An employee returning to work after a period of absence is required to report to Personnel and to complete a self certification statement giving the reasons for the absence. Failure to do so may result in loss of pay. 3.3 A medical certificate (completed by a qualified medical practioner) must be submitted for any period which exceeds 7 days. Subsequent certificates must be submitted if the absence continues beyond the period of the first statement. As of 6th April 2010, a new scheme of fit notes was introduced, replacing sick notes. The fit note includes an option for the doctor to state that an employee is not fit for work, but also a new option that an employee may be fit for work taking account of the following advice. The doctor is given the opportunity to recommend changes which could be made to an employee s work environment or job role to help facilitate a return to work, subject to the employer s agreement. These include changes such as altered hours, phased return, amended duties or workplace adaptations. The doctor is also invited to provide general details of the functional effect of the individual s condition - how the illness or injury will affect the employee at work. The College will consider the doctor s recommendations, together with the employee s opinion and its own knowledge of the practicality of any recommendation. Exceptionally there may be occasions when the College invites staff to visit their own doctor because of the pattern of absence or reasons for absence which are giving cause for concern. 3.4 Where an open certificate is given a final certificate will be required indicating fitness to return to work. 3.5 An employee who goes into hospital or similar institution is required to submit a doctors statement on admission and discharge. May 2014 Page - 3 - Ref:POL0042
3.6 The College will require an employee who is unable to work as a consequence of illness for a period of longer than four weeks or sooner depending upon cause (depending upon circumstances) to submit to an examination by the occupational health practitioner nominated by the College. Any costs incurred from such an examination will be met by the College. Similarly any employee with regular absence for short periods will be reviewed and may be asked to submit to an examination by the College's nominated occupational health practitioner or meet with the Human Resources Manager. If concerns are raised regarding the absence record, referral may be made to the Disciplinary procedure. Following the outcome of the disciplinary procedure the college reserves the right to withhold College sick pay not SSP. Please see also Professional Difficulties Code of Practice page 2. 3.7 An employee returning to work after any period of absence will be interviewed by their line manager to discuss the absence and any ongoing support necessary. (This could be completed by Personnel if so desired by the employee). 3.8 Any employee who has been absent for 8 weeks will be managed back into the workplace using the Return from Long Term Absence policy. This will be overseen by the Human Resources Manager and the Line Manager. 3.9 If at any time during an employees absence there is uncertainty as to the return to work date which makes it difficult to arrange cover, the Personnel department will write to the employee by recorded delivery and invite them to contact the College. Failure of the employee to make contact will result in personal contact by Human Resources Manager. 3.10 During a prolonged period of absence, it is the responsibility of the employee or someone on their behalf to make contact with the Personnel Department at least every two weeks (except where medical advice recommends otherwise. Confirmation of this would be required from the doctor). Failure to do so will be dealt with under the normal disciplinary procedure. 3.11 Where an employee fails to notify the College of absence without justification in accordance with the above without due reason, they may forfeit their sickness payment (not SSP). 3.12 Periods of absence may be covered by the line manager by using temporary cover, at the Principal's discretion. 4 Calculation of Sickness Absence 4.1 Entitlement to paid sick leave for a specific period of absence is calculated as follows: (i) The appropriate entitlement will be calculated according to length of service (See Appendix 1) on the first day of any period of sickness. (ii) When determining payment for sickness, account is taken of all periods of sickness during the preceding twelve months as at the first day of sickness. 4.2 If the employee is entitled to receive SSP, or is in receipt of any other allowances or benefits (see Appendix 1), these will be offset against any entitlement to full pay. 4.3 If a public holiday or College closure day occurs during a period of sick leave, the employee will continue to receive sick pay. However, no payment will be made for a public holiday, or College closure day, which occurs during a period of unpaid sick leave. May 2014 Page - 4 - Ref:POL0042
4.4 In determining an employee's normal pay for the purposes of the scheme, the College will include any contractual overtime. 4.5 Exceptional provisions apply to any employee who is injured as a result of crime of violence in the course of their work for the College. (See Appendix 3). 4.6 A period of absence due to injury sustained by the employee in the actual discharge of his/her duties, including attendance for instruction at physical training or other classes organised and approved by the Corporation or participation in any extra-curricular or voluntary activity connected with the establishment, and which is not attributable to any fault of his/her own, will be at full pay. Absence resulting from such accidents shall not be reckoned against entitlement to sick leave though such absences are reckonable for entitlement to Statutory Sick Pay. 4.7 Employees suspended on full pay pending investigation under the Corporation's Disciplinary Procedure and who become unfit to work for medical reasons must follow the agreed procedure for sickness absence. The College may decide at its discretion to withhold sick pay (not SSP). 4.7a Where a suspended employee has notified sickness and the College is ready to proceed with the hearing, when an employee receives an invitation to attend a disciplinary hearing, and is unable to attend due to ill health, the employee should contact the College to notify the College of this. The disciplinary hearing would then be considered in accordance with the disciplinary policy section. 4.8 Should an employee who is undergoing professional difficulties/disciplinary processes go absent due to sickness, the College will consider at its discretion (following a hearing) whether to withhold the payment of sick pay (not SSP). 4.9 The College has the discretion to extend an employees entitlement to sick leave (on either full or half pay) in exceptional circumstances. This will be considered by a panel of 3 persons consisting of: Deputy Principal and two others as requested one from Senior Leadership Team/one from Staff Support, and either a line manager or member of Corporation They will take into consideration: (a) (b) (c) (d) (e) (f) seriousness of the individual's situation financial hardship absence arising from occupational injury the benefits to the individual which may speed recovery the financial position of the College the need to pay for temporary replacement This list is not exhaustive. 5 Absence due to Injuries caused by accidents 5.1 If the College is of the opinion that the disability which has occasioned the employee's absence is due to his/her misconduct or breach of Health and Safety regulations/rules the College shall inform the employee of the grounds upon which the payment of sick pay has been suspended, following the outcome of a hearing. The employee, may, at his/her discretion, have recourse to the appeal process as set out in the College's Grievance Procedure. May 2014 Page - 5 - Ref:POL0042
5.2 In the case of accident due to active participation in sport as a profession, sick pay will not be paid. In the case of accident occurring whilst working for a third party on their premises, sickness pay will not be paid. In the case of an accident occurring whilst working for a third party on North Lindsey College sites, sickness pay will be paid. 5.3 If the absence of the employee is occasioned by the actionable negligence of a third party in respect of which damages are recoverable s/he shall advise the Corporation forthwith. The Corporation will require the employee to refund a sum equal to the aggregate of sick pay paid to him/her during the period of disability or such part thereof as is deemed appropriate but not exceeding the amount of the damages recovered. In the event of the claim for damages being settled on a proportionate basis, the Corporation will require full details and will determine the actual proportion of sick pay to be refunded by the employee. Absence resulting from such cases shall not normally be reckoned against entitlement to sick leave although such absences are reckonable for entitlement to Statutory Sick Pay. Where the refund to the College is less than the aggregate sick pay the amount reckoned against entitlement to sick leave will be in proportion to the damages recovered. 6 Contact with infectious diseases 6.1 An employee who, in accordance with the department of health regulations and the national insurance act, is unable to attend work because of contact with infectious disease must notify the College immediately. Such period of absence will be treated as sick leave. 6.2 In the case of contact with other infectious or contagious diseases not specified in the National Insurance Act, the employee should not stay away from work if s/he feels well, but should report the fact to the Personnel Department. Return to work will be at the Principal's discretion. 7 Absences excluded from sickness calculation 7.1 The following reasons for absence are not deducted from the sickness allowance calculations to entitlement but will receive normal pay: laccidents incurred at work (which are not attributable to employee negligence or breach of Health and Safety regulations) epidemics assaults at work attendance at antenatal care attendance for courses of treatment at the Principal's discretion 8 Inappropriate Activity During Sickness Absence 8.1 Staff found to have been engaged in Work for another employer Physical sporting activity (not medically recommended and documented) Carrying out work vocational type activity (not agreed with College) While on sickness absence will be investigated and following a hearing, may lose their sickness pay They will also be subject to disciplinary activity (as per staff disciplinary policy). May 2014 Page - 6 - Ref:POL0042
9 Holiday whilst absent through sickness 9.1 Should an employee take holiday during a period of sickness absence, they should inform the Personnel department stating: Destination of holiday (this has National Insurance implications for the College if outside of Europe) period of holiday absence if claiming holiday pay 10 Sickness whilst on holiday leave 10.1 Should an employee become ill or injured during a period of holiday leave, the Personnel department should be contacted stating: first date of sickness reason for sickness length of expected illness contact details A medical certificate for the period of sickness will usually be required and this will then not be counted as holiday leave. 11 Holiday entitlement during/after sickness absence 11.1 Holiday entitlement continues to accrue during periods of sickness absence. This holiday may be taken to fit in with the needs of the College on return to work, by mutual agreement. 12 Return to Work after Sickness Absence 12.1 On returning to work the employee should report to the Personnel department at the start of day one to complete a return to work form. 12.2 All absence will trigger a return to work interview with the line manager or HR Manager to ascertain: the possible reason for absences any support needed A staff support member can be asked to accompany either side. 12.3 The HR Manager will regularly monitor staff absence reports and return to work interviews. If he/she feels the need to offer further support then appropriate contact will made and an informal meeting arranged, 13 Return to Work - Rehabilitation after long term absence 13.1 Employees should be given help to return to their place of work wherever possible. They will be managed back into the work place using the Return From Long Term Absence policy. A meeting will be arranged by the Human Resources Manager, between the employee and their Line Manager/Director where the following may be discussed: a short period of reduced hours a short period of light duties to assist rehabilitation necessary adjustments to the work place May 2014 Page - 7 - Ref:POL0042
counselling by the in-house team a short period of redeployment a period of support by staff support team a mentor or any other reasonable adjustment seen as necessary (please see Return From Long Term Absence policy) 13.2 Employees returning to work with assistance should be monitored regularly to check progress by their Line Manager in accordance with their agreed action plan. 13.3 Employees should return to their contractual duties as soon as is possible to reduce stress and work load on other staff and colleagues. Employees who return to work on reduced hours should do so for no more than two weeks unless in exceptional circumstances. There may be an opportunity to reduce the contractual hours for a short period to ease the return to work. 13.4 Employees absent through sickness during a reduced hours period will forfeit a proportionate percentage of their salary for the hours absent utilising sick pay if appropriate. 14 Absence due to Alcohol or Drug Abuse Employees absent due to abuse of alcohol or drugs may be considered as sickness absence whilst undergoing treatment or counselling. The College will require a certificate from a qualified medical practioner. 15 Ill Health Retirement Employees who are not expected to recover health sufficiently to return to work may apply for ill health retirement from the pensions fund (this does not imply that early ill health retirement will be granted). Full details are available from Personnel. 16 Terminal Illness If any employee is diagnosed with terminal illness, the College at their discretion may opt to continue to keep the employee on the payroll after sick pay elapses or to extend the sick pay period (see 4.8) in order to access full pension rights. 17 Home Visits/Contact The HR Manager will make regular contact with employees who are absent from work through illness. This will usually be done by the telephone; key information of the discussions will be recorded in Personnel and will remain confidential. The College may send an employee (Deputy Principal or the Human Resources Manager) to visit the employee at home. During such visits the employee has the right to be accompanied or represented by a representative of the recognised trade union or staff support network. The employee can choose to meet on neutral ground. No visits will be made without a prior appointment having been agreed (where agreement cannot be reached justification will be necessary). May 2014 Page - 8 - Ref:POL0042
Should the employee be referred to Occupational Health and are unable to attend the College then arrangements will be made for Occupational Health to visit the employee at home. 18 Termination or Suspension of Allowances 18.1 The provisions of this scheme will cease to apply from the date on which the employee retires, whether by reason of permanent ill health, infirmity of body or mind or by reason of age. 18.2 Where the College becomes aware that an employee may have failed to comply with any requirement under this scheme or is guilty of conduct which might prejudice recovery, the College will invite the employee to make any observations. The employee will be given the opportunity to put their case before a committee of the College or SLT, headed by the Deputy Principal. The employee has the right to be accompanied by a representative from the recognised Trade Union. If it is decided that the employee has failed, without reasonable excuse to fulfil the requirements of the scheme or of conduct prejudicial to recovery, then the payment of occupational sick pay will be suspended. No further payments will be made in respect of that period of absence. May 2014 Page - 9 - Ref:POL0042
Appendix 1 ENTITLEMENT TO SICK LEAVE Subject to the provisions of this scheme, employees will be entitled to the following periods of paid sick leave: Service During 1st year of service During 2nd year of service During 3rd year of service During 4th year service After 5 years service Sick Pay 1 months full pay and after 4 months service 2 months half pay 2 months full pay and 2 months half pay 4 months full pay and 4 months half pay 5 months full pay and 5 months half pay 6 months full pay and 6 months half pay NB For the purposes of calculating entitlement to occupational sick pay, one month is equivalent to 26 working days, Saturday being regarded as a working day. Service refers to continuous service at North Lindsey College. May 2014 Page - 10 - Ref:POL0042
Appendix 2 SICKNESS REPORTING PROCEDURE FOR STAFF 1 First Day of Sickness 1.1 Report sickness to the Personnel Department by the quickest practical means as soon as is reasonably practicable. 1.2 State nature of sickness and date when first became sick including Saturday and Sunday. 1.3 Indicate anticipated length of absence. 1.4 If sickness is likely to be longer than 3 calendar days a Sickness Notification Form will be issued which must be returned on the 4th calendar day of sickness by the quickest practical means to the Personnel Department. 2 If anticipated sickness subsequently becomes longer than 3 calendar days 2.1 A sickness Notification Form will be issued, which must be completed and returned immediately to the Personnel Department. 3 Fit to return to work before the 8th day of Absence 3.1 Contact the Personnel Department and report fit to return to work (even if you are not expected in College on that working day). 3.2 Return to work at next scheduled time. 3.3 You must report to the Personnel Department to complete a record to confirm the duration and reason for your sickness absence. 3.4 You will be interviewed by your line manager or Personnel on your return to work. 4 8th day of absence and on return to duty (where medical certificate is an open certificate) 4.1 Obtain doctor's medical certificate and send to the Personnel Department. All medical certificates will be returned to you. 4.2 Send subsequent medical certificates to the Personnel Department. NOTE: Keep all returned medical certificates safely as you may need them to make a claim for State Benefit. 4.3 If the doctor has issued an open certificate, a certificate stating that you are fit to work must be obtained. 5 Special Notes 5.1 If forms BF220/168 or BS12 are received from DSS, send IMMEDIATELY to the Personnel Department. 5.2 College closure periods - it is a duty to notify sickness during closure periods as if the days of closure were normal College days. You should therefore follow the above procedure. 5.3 If your absence is due to injury sustained in the course of your work, complete the relevant section of the self certification form and complete accident report forms if appropriate. If it is subsequently necessary to claim benefit from the DSS, you should advise them also. 5.4 Failure to follow the above procedures without due reason will forfeit sickness payment. May 2014 Page - 11 - Ref:POL0042
Appendix 3 SICK LEAVE AND SICK PAY SCHEME A1 Allowances and Benefits to be offset against Occupational Sick Pay A1.1 The following allowances will be offset against any entitlement to full pay (see paragraph 2.4): i) The gross amount of Statutory Sick Pay receivable under the Social Security Contributions and Benefits Act 1992 ii) iii) The amount of sickness benefits and receivable under the National Insurance Acts and Regulations made under the Acts. (Under the provisions of the Social Security (Incapacity for Work) Bill 1994, sickness benefit and invalidity benefit will be replaced by Incapacity Benefit from April 1995) Any amount received as a treatment allowance. The dependency element only of the treatment allowance will be deducted from sickness allowance. The employee will, therefore, be entitled to retain the personal element of the treatment allowance. A1.2 All employees are obliged to declare to the College their entitlement to any benefits. If the employee fails to do so, the College will be entitled to deduct the maximum benefit obtainable. A2 Entitlements for Widowed or Married Women A2.1 Where a widow or married woman has opted out of paying full National Insurance contributions, she is entitled to receive the same sick pay under this scheme as she would have done had full contribution been paid. A2.2 In the case of a widow or a widowed mother, when calculating the amount of sick pay payable under this scheme, only those benefits which are additional to those which she received when she is in normal full employment will be taken into account. This will be reviewed following changes in legislation. A3 Victims of Crimes of Violence A3.1 Where an employee is absent because of an injury which results in a payment from the Criminal Injuries Compensation Board, s/.he will not be required to refund any sick pay received in accordance with this scheme. A3.2 Where an award has been made by the Compensation Board, the College may, at its discretion, discount the period of sick leave occasioned by the injury when calculating any future entitlement to sick under this scheme. May 2014 Page - 12 - Ref:POL0042