Schedule 11: Sickness Absence Policy
About This Policy
This policy sets out our arrangements for sick pay and for reporting and managing sickness absence. Abuse of sickness absence, including failing to report absence or falsely claiming sick pay will be treated as misconduct under our Disciplinary and Capability Procedure.
This policy does not form part of any employee's contract of employment and we may amend it at any time.
Reporting When You Are Sick
If you cannot attend work because you are sick or injured you should telephone your Line Manager or HR. You must not notify your absence by email, text or via social media. You must contact them as early as possible and no later than 30 minutes after the time when you are normally expected to start work.
We may ask you to provide some details about the reason for your absence, whether you are going to see a doctor and to let us know how long you are likely to be off work. We realise that you might not know this straight away — we just ask that you keep us informed as your absence develops. The more information you provide to us, the easier it will be for us to manage and support your absence.
You must contact us every day for the first seven calendar days of your absence which you would normally have worked if you were not absent and then contact us on a regular basis until your return.
Evidence of Incapacity
You must complete a self-certification form for sickness absence of up to seven calendar days. For absence of more than a week you must obtain a certificate from an eligible healthcare professional stating that you are not fit for work, giving the reason. You must also complete a self-certification form to cover the first seven days. If absence continues beyond the expiry of a certificate, a further certificate must be provided.
If an eligible healthcare professional provides a certificate stating that you "may be fit for work" you must inform your manager immediately. We will hold a discussion with you about how to facilitate your return to work, taking account of the advice. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date for review.
Statutory Sick Pay
Your contract of employment sets out your pay entitlements when you are off sick. Unless your contract of employment sets out any enhanced entitlement, you will usually be entitled to Statutory Sick Pay (SSP) if you satisfy the relevant statutory requirements. The rate of SSP is set by the Government and changes every year.
Qualifying days for SSP are Monday to Friday, or as set out in your employment contract. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
In order to receive SSP or company sick pay, you must make sure that you follow our rules on reporting absence.
Occupational Health
We or your doctor may suggest referring you to the Government run Fit For Work service (FFW) or another occupational health therapist. Your doctor may do this before if they think it would be beneficial for you. If your doctor refers you to FFW or other occupational health therapist please let HR know, unless you would prefer not to tell us. If your case manager at FFW wishes to speak to us, please ask them to contact HR.
Return-to-Work Interviews
After a period of sick leave your Line Manager may hold a return-to-work interview with you. The purposes may include:
- Ensuring you are fit for work and agreeing any actions necessary to facilitate your return
- Confirming you have submitted the necessary certificates
- Updating you on anything that may have happened during your absence
- Raising any other concerns regarding your absence record or your return to work
Managing Long-Term or Persistent Absence
The following paragraphs set out our procedure for dealing with long-term absence or where your level or frequency of short-term absence has given us cause for concern. The purpose of the procedure is to investigate and discuss the reasons for your absence, whether it is likely to continue or recur, and whether there are any measures that could improve your health and/or attendance.
We may decide that medical evidence, or further medical evidence, is required before deciding on a course of action. We will notify you in writing of the time, date and place of any meeting, and why it is being held. We will usually give you a week's notice of the meeting. Meetings will usually be conducted by your Line Manager and HR.
You may bring a companion to any meeting or appeal meeting under this procedure. Your companion may be either a trade union representative or a colleague, who will be allowed reasonable paid time off from duties to act as your companion. If you or your companion cannot attend at the time specified you should let us know as soon as possible and we will try, within reason, to agree an alternative time.
If you have a disability, we will consider whether reasonable adjustments may need to be made to the sickness absence meetings procedure, or to your role or working arrangements.
Disabilities
We are aware that sickness absence may result from a disability. At each stage of the sickness absence meetings procedure (both long-term and short-term), particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work.
If you consider that you are affected by a disability or any medical condition which impacts your ability to undertake your work, you should inform HR. Any information you provide will be handled in a confidential manner and in accordance with our Data Protection Policy.
Medical Examinations
We may ask you to consent to a medical examination by a doctor or occupational health professional or other specialist nominated by us (at our expense). You will be asked to agree that any medical report produced may be disclosed to us and that we may discuss the contents of the report with the specialist and with our advisers. All medical reports will be kept confidential and held in accordance with our Data Protection Policy.
Initial Sickness Absence Meeting
The purposes of a sickness absence meeting or meetings will be to discuss the reasons for your absence, how long it is likely to continue, whether it is likely to recur, whether to obtain a medical report, and whether there are any measures that could improve your health and/or attendance.
In cases of long-term absence, we may seek to agree a return-to-work programme, possibly on a phased basis. In cases of short-term, intermittent absence, we may set a target for improved attendance within a certain timescale.
If Matters Do Not Improve
If, after a reasonable time, you have not been able to return to work or if your attendance has not improved within the agreed timescale, we will hold a further meeting or meetings. We will seek to establish whether the situation is likely to change, and may consider redeployment opportunities at that stage.
If it is considered unlikely that you will return to work or that your attendance will improve within a short time, we may give you a written warning that you are at risk of dismissal. We may also set a further date for review.
Final Sickness Absence Meeting
Where you have been warned that you are at risk of dismissal, and the situation has not changed significantly, we will hold a meeting to consider the possible termination of your employment. Before we make a decision, we will consider any matters you wish to raise and whether there have been any changes since the last meeting.
Appeals
You may appeal against the outcome of any stage of this procedure. If you wish to appeal you should set out your appeal in writing to HR, stating your grounds of appeal, within one week of the date on which the decision was sent or given to you.
If you are appealing against a decision to dismiss you, we will hold an appeal meeting. This will be dealt with impartially and, where possible, by another member of management who has not previously been involved in the case. We will confirm our final decision in writing. There is no further right of appeal.
The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.
Other Types of Absence
Jury Service
If you are called for jury service, you must tell your line manager as soon as possible. While you are on jury service, you will not be paid and should therefore claim all allowances made available by the court.
Other Public Duties
We will allow you time off to carry out duties in some public roles, including magistrate and school governor. As soon as you know what your duties are and have dates for hearings/meetings you must attend, you should tell your line manager so that we can plan for your absence from work. While you are carrying out these duties, we will not pay you for time taken off work.
Carrying Out Trade Union Duties
If you are elected as a trade union official, you are legally entitled to reasonable time off to fulfil your obligations, and you will be paid at your full basic rate for all related absences during working hours. We will not pay you for duties carried out outside working hours.
