Download Sickness absence protocol - integrated service staff

WAKEFIELD COUNCIL AND SOUTH
WEST YORKSHIRE PARTNERSHIP
FOUNDATION NHS TRUST
SICAB– 01
JOINTLY AGREED PROTOCOL ON THE
IMPLEMENTATION OF
GUIDANCE/POLICY TO MANAGING
ATTENDANCE (SICKNESS ABSENCE)
Date November 2012
Review Date November
2014
PURPOSE
This protocol is intended to aid the integration of the service between the two organisations and
to that end both organisations and their staff, agree to adopt it. It may be amended in the light of
experience of using the protocol.
SCOPE
This jointly agreed protocol applies to all staff within the integrated partnership who are employed
by either the Council or the Trust.
ACCESS TO SOURCE DOCUMENTS
Access to the Trust’s policies and procedures can be found under the Trust's ‘Document
Store’ either on the intranet: http://nww.swyt.nhs.uk/Policies/default.asp
or the internet: http://www.southwestyorkshire.nhs.uk/documents.asp
Access to WMDC policies and procedure can be found under the WMDC intranet:
http://webintranet2/Corporate/Employment/Relations/SicknessAbsence/default.htm
PROCESS
1
Introduction
1.1
The day-to-day management of employees working within the
integrated management arrangements (including their
attendance/absence) will be undertaken by the individual’s
Line Manager.
1.2
Both organisations have policies/procedures/practices in place
for granting time off for staff, for various purposes, which may
reduce sickness absence, e.g. Special Leave etc., see list at
the end of this protocol.
All Line Managers
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1.3
Situations however may arise where an employee’s level of
attendance, falls below the standard, which could reasonably
be expected because of their ill health. There may be
occasions therefore, when Managers employed by one
organisation, will need to deal with an employee’s sickness
absence in accordance with the guidance/procedure of the
employee’s employing organisation. These situations need to
be dealt with using the protocol set out below.
Line Managers
This may be long-term sickness absence (extending beyond 4
weeks) or persistent, short-term intermittent sickness absence.
1.4
Within the Council, the current guidance is:

Sickness Absence Policy
Within the Trust, the current guidance is:

Managing Attendance – Practical guidance on
monitoring and handling attendance at work.
All Managers
1.5
Managers of both organisations should seek where
necessary advice on the implementation of the guidance
from the relevant Human Resources Manager to ensure they
do not take action for which they are not authorised and to
ensure they conform to the required timescales.
2
Protocol
2.1
In many cases, issues concerning attendance can and will be
adequately resolved on an informal basis through discussion
with the line manager, this then being reinforced by, for
example the return to work interview/discussion, supervision,
appraisal etc.
Line Manager
2.2
In all cases the immediate manager should discuss the
concerns openly with the employee and explore satisfactory
resolutions, which may include the line manager seeking
advice from a more senior manager who has authority to
sanction a resolution. All staff who have been off ill – whatever
the length of absence, should have a return to work discussion
/ interview conducted by their line manager (see later 3.4).
Line Manager
2.3
Managers should seek where necessary advice from the
relevant Human Resources Manager of the employee’s
employing organisation, if the issue is not resolved informally
or the poor attendance reoccurs, requiring the relevant
Procedure to be evoked.
Line Manager
2.4
NB. It should be noted that conduct issues such as persistent
late attendance, may be a disciplinary matter. Where the
validity of an employee’s sickness absence is called in to
question, then advice should be obtained from the Human
Resources Manager, of the employee’s employing
organisation. Such occurrences, if founded, will be treated as
conduct issues and dealt with in accordance with the
employing organisation’s Disciplinary Procedure and the
Disciplinary Protocol.
Line Manager
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2.5
The Senior Manager with responsibility for the service, and the
Human Resources Manager of the employees organisation,
should be briefed on the situation. A manager from the
employing organisation will decide the course of action.
All Managers
2.6
Managers should also be aware of the Trust’s commitment to
Improving Working Lives and consider the Trust’s Flexible
Working Time Guidelines where relevant. Similarly the Council
operates a range of Family Friendly policies to enable a
positive work life balance.
Line Manager
3
Dealing with cases of poor attendance/ill
health
3.1
In these situations it is the guidance/policy/procedure of the
employee’s employing organisation that must be followed.
There are two possibilities regarding the employee’s line
manager:

The Line Manager is employed by the same
organisation.

The Line Manager is employed by the other
organisation.
The manager dealing with the sickness absence issue must:
3.2
Follow the relevant guidance/policy of the employee’s
employing organisation, including progressing matters to the
next stage as appropriate.
Line Manager
3.3
If the manager is not clear about the procedure (or does not
have a copy of it), then they must contact the relevant Human
Resources Manager for advice on how to proceed without
delay.
Line Manager
3.4
The manager should ensure that the employee has access to
the support mechanisms within the relevant guidance/policy.
Line Manager
Managers should follow the stages in the relevant
guidance/policy, subject to:
3.5
The immediate Line Manager (or delegated person employed
by either the Council or the Trust) will deal with the initial
stages of the guidance/policy; this includes the Return to Work
interview and referral to the Occupational Health Department
(as appropriate).
All Managers
3.6
Where employees are referred to the Occupational Health
Services this should be the Service of the relevant employer:
All Managers
3.7

The Council’s Occupational Health Department.

The Trust’s Occupational Health Department.
Where a Trust employee’s sickness absence record has
reached a ‘trigger point’ (as defined within the guidance) the
‘short term review process’ (as detailed within the
guidance/policy) should commence. Where the absence is
regarded as long term (normally an absence of 4 weeks or
more) the ‘long term absence review’ process (as defined
within the guidance should be followed. See chart at the end of
the protocol
All Managers
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3.8
When a Council employee’s sickness absence has reached a
‘trigger point’ (as defined within the policy), the prescribed
action should be followed. The policy applies to frequent short
term absences, long term absences and combinations of both
long and short term absences. See chart at the end of the
protocol
All Managers
3.9
If an employee is to return to work and needs support such as
a phased return or alternative duties for a short time, then this
should be dealt with by the Line Manager, in liaison with the
Human Resources Manager from the employee’s employing
organisation.
Line
Manager/Human
Resources Manager
3.10
The membership of meetings held at formal stages of the
guidance/policy need to be carefully considered and meetings
must be chaired by an appropriate Manager of the employee’s
employing organisation, (as detailed within the guidance) see
chart below.
Senior Manager
3.11
If a stage is reached in the guidance/policy where an employee
becomes unfit for their substantive post and redeployment, illhealth retirement or termination of employment on the grounds
of ill health are being considered, then this must be referred to
an appropriate Senior Manager (as detailed within the sickness
absence guidance/policy of the employee’s employing
organisation) who is authorised to make such decisions.
Line Manager
Any decision relating to the contractual terms of the employee
must be made by a Senior Manager of the employee’s
employing organisation. Any meeting convened to consider
these issues may include a manager from the other
organisation if appropriate.
Senior Manager
3.12
It is the responsibility of the Senior Manager from the
employing organisation to ensure the guidance/policy are
followed properly. This includes keeping the employee
informed of progress, receiving reports etc., and deciding on
the next steps. More specifically the Senior Manager should
consider what if any further action is appropriate.
Senior Manager
3.13
Where a panel, or appropriate Senior Manager, considers the
termination of employment of an individual (after all other
options have been explored with the individual and their
representative), this will follow the appropriate sickness
absence guidance/policy of the employee’s employing
organisation. A Human Resources Manager, from the
employee’s employing organisation will be present, as laid
down by the appropriate guidance/policy.
Senior Manager
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3.14
In each case, the composition of the meeting or appropriate
Senior Manager, will need to be decided upon, as it may be
appropriate for a Senior Manager from the other organisation
to be there. This will then be clearly stated, in writing to the
employee and their representative, when requesting the
individual to attend a meeting.
If an employee or their Trade Union representative is unclear
or concerned about the way in which the sickness absence
guidance and/or this protocol is being implemented, they
should contact their Human Resources Manager.
3.15
The use of this Protocol should comply with the overall
objectives of each organisation, to support employees to
ensure their attendance at work.
4
Standards/Expectations
4.1
The operation of the sickness absence protocol is based upon
the guidance, policies, procedures, rules and expectations of
standards of attendance in the organisations. When
conducting sickness absence proceedings the following must
be referred to:

Relevant managing attendance/sickness absence
guidance/policy

General standards of attendance

Information given to employees

Previous poor attendance warning

Consistency in decision making

Policies and procedures which may have been
breached (if a conduct issues is being considered)

An employee’s right of appeal, in accordance with the
sickness absence guidance/policy of their employing
organisation.
Senior Managers
Employee or
Representative
All Managers
All Managers
Other policies/guidance/records for authorising time off from work.
SWYPFT

Annual Leave Policy

Guidance on Flexible Working, including Parental Leave, Career Breaks, Flexible
Retirement, Flexi time.

Managing attendance

Special Leave Policy

Annual/other leave card
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COUNCIL

Annual Leave Policy

Flexible Working Arrangements including temporary negotiated
working, career breaks, job share, part time.

Family Leave including carer leave and parental leave

Special Leave

Work Smart Policy
Guidance on the implementation of the policies.
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hours, term time
Stage
SWYMHT
WMDC
Intermittent short
term absences and
long term absences.
Intermittent short
term and long term
absences.
Informal Interview
stage. Immediate
Manager (or other
designated person)
reviews level of
attendance usually
when ‘trigger point
reached’
Line Manager (or
other designated
person) with HR
support reviews level
of attendance
This is an informal stage
for SWYPFT employees
and a formal stage for
Council employees.
Stage 2
Immediate Manager
with appropriate HR
Manager or another
manager in
attendance at
meeting.
Immediate Manager
(or other designated
person) with
appropriate HR
Manager in
attendance at
meeting.
Appropriate level of
manager employed by
employee’s employing
organisation to chair
meeting with manager
from other organisation
in attendance as
appropriate. HR
representative from the
employees employing
organisation should be
in attendance if the
termination of the
contract of employment
is a potential outcome.
Stage 3
Sickness absence
issue progresses to
next senior level of
management. HR
Manager in
attendance at
meeting
Appropriate Senior
Manager with HR
Manager in
attendance at
meeting.
Appropriate level of
manager, employed by
employee’s employing
organisation to chair
meeting with manager
from other organisation
in attendance as
appropriate. HR
representative from the
employees employing
organisation should be
in attendance.
Stage 1
Possibility of the
termination of the
employee’s Contract
at this stage.
Comments
Appropriate level of
manager(which for
council might be an HR
representative)employed
by the employees
organisation to chair
meeting with manager
from other organisation
in attendance as
appropriate.
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Stage 4
Sickness absence
progresses to
General
Manager/Director
level as appropriate.
HR Manager in
attendance.
Possibility of the
termination of the
employee’s Contract
at this stage.
8
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Not applicable
Appropriate level of
senior manager
employed by employee’s
employing organisation
to chair meeting and
make the decision. The
manager from other
organisation may be in
attendance as
appropriate.