ABSENCE DUE TO SICKNESS OT INJURY
Contents
1 Purpose. 4
2 Scope. 4
3 Absence during working hours. 4
4 Illness during the working day. 5
5 Absence reporting. 5
6 Excessive absenteeism.. 8
7 Long-term illness or health conditions. 9
8 Payment during sickness absence. 10
9 Statutory Sick Pay (SSP) 12
10 Illness whilst on holiday. 13
11 Absenteeism due to a pandemic. 13
12 Pregnancy-related absences. 14
13 Absence records and monitoring. 14
14 Related policies and documents. 14
15 Further information. 14
16 Policy owner. 14
17 Policy review date. 14
1 Purpose
1.1 We are sympathetic to genuine cases of illness or other problems which might make absence unavoidable and wish to maintain a positive approach to managing absence whilst providing clear guidelines for everyone.
1.2 However, excessive or unauthorised absence causes disruption to the business, lowers the morale of other staff and makes us less able to accommodate genuine cases of long-term illness. Therefore, all absences are taken seriously and unacceptable levels of absence are likely to lead to disciplinary action.
1.3 We will ensure that all absences are treated on a problem-solving basis to try to overcome any absence-related issues in a positive manner.
1.4 In the case of health issues, we may, at our discretion, either ask our employee for permission to write to their GP or specialist, or refer them to a doctor or Occupational Health professional nominated by us, for a report and guidance. Situations where this action may be taken are where:
· there is concern about the person’s ability to undertake their duties
· there is deterioration in an existing medical condition
· short-term absences are frequent and excessive
· the working environment is, or may be, a factor in a medical situation.
1.5 Employees who need any help or advice should not hesitate to contact their manager.
1.6 This policy is not contractual but sets out the way in which we plan to deal with absence from work.
2 Scope
2.1 This policy and procedure applies to all employees, including those on fixed-term contracts. It does not apply to casual workers, agency workers or contractors.
3 Absence during working hours
3.1 Wherever possible, and in order to minimise disruption, employees are asked to arrange medical, dental, optical, hospital or other test appointments etc. either outside of normal working hours, or at the beginning and end of the working day or on a day of the week when their workload tends to be quieter or when they are scheduled not to work. However, we do realise that this may not always be possible, particularly with hospital appointments.
3.2 Employees who need to take time off for such appointments should agree them in advance with their manager, giving as much notice as possible. They may be required to produce an appointment card or letter.
3.3 Such time off will not be paid and will be recorded as absence.
3.4 Wherever possible we will be as flexible as we can in accommodating appointments, however we reserve the right to ask an employee to reschedule a routine appointment if its timing would cause disruption to the organisation, the running of the particular department, or the completion of vital or urgent work.
3.5 Employees who have an appointment which is not at the end of the working day will normally be expected to return to work following the appointment.
3.6 Any employee who requests or takes time off work for a medical or similar appointment when such an appointment has not in fact been made; who deliberately arranges appointments at times that are clearly inconvenient for us to accommodate; or who fails to give reasonable notice of a pre-scheduled appointment, may be subject to disciplinary action.
3.7 Please note that different rules apply to time off for such appointments related to maternity, adoption, paternity and shared parental leave.
4 Illness during the working day
4.1 Any employee who feels unwell at work and unable to complete their working day should notify the Duty Manager prior to leaving. We will assess the situation and where appropriate send them home or to a first aider or make other arrangements. If employees leave early, we will, where appropriate sign them out using the appropriate method for your work area.
4.2 There may be occasions where a manager reasonably believes that an employee is not fit to be at work, and is concerned that their health is impacting the performance of their role and/or creating a risk to themselves or their work colleagues and may therefore ask them to go home. Where this is the case, employees are required to comply with this request.
4.3 An employee who is unable to return to work the following day must follow the absence notification procedure set out below.
5 Absence reporting
5.1 Employees who are unable to report for work for any reason, must notify the Duty Manager as early as possible and no later than your start time on their first day of absence. In the duty manager’s absence, they should speak to your direct line manager.
5.2 They should give the reason for the absence, when they became incapacitated and the expected length of absence, as well as how and where they can be contacted during the period of absence.
5.3 If unable to call personally, they should arrange for a family member or friend to telephone us on their behalf. Text messages or emails are not acceptable.
5.4 Failure to notify an absence as specified, even though the employee may be ill, will be treated as unauthorised absence and will be unpaid, unless they qualify for sick pay.
5.5 Employees who regularly use email as part of their daily work should put an appropriate “out of office” on their individual email account or arrange for their emails to be forwarded to a colleague to be dealt with.
5.6 Employees who attend work during a rostered day, but leave part-way through due to illness or injury, will be treated as though they had a full day’s sickness absence.
5.7 On return to work the employee’s manager will discuss the absence with them in the form of a return to work interview where they will be required to complete a self-certification of absence form. The manager will then sign this form provided he/she is satisfied that the reasons are genuine. We may ask for medical evidence to confirm an illness.
5.8 The self-certification form covers the first seven consecutive days of absence (including weekends). After seven days, a Statement of Fitness for Work, either from a GP or a hospital, should be submitted to run from the 8th day of absence (or earlier). This must be forwarded the Duty Manager without delay.
5.9 If the employee is unable to return to work on the date stated on the Statement, a further Statement must be submitted to cover the continued absence. The Statement will indicate whether the employee is fit to return to work with restrictions and may make recommendations to enable a return to work. Where there are such recommendations, we will consider these before agreeing a return to work to ensure these are practical and that there is no risk to health.
5.10 We may need to meet to discuss any temporary changes to tasks, hours of work or support which may be necessary. We will then consider whether such restrictions and/or changes can be accommodated to allow a return to work on a phased basis or for us to agree a return to work plan. However, if we cannot offer any light or alternative appropriate duties the employee will remain off sick until fully fit to return to work. This will result in the Statement being treated as if signed off as unfit to return. It may be that when we discuss the GP’s comments, we feel it necessary to seek further professional advice from the GP or an occupational health professional in the form of a medical report.
5.11 If a phased return to work has been agreed, payment will depend on the circumstances and the duration of the part-time working arrangement. If contractual sick pay is exhausted, the employee will normally be paid for any hours worked at their normal basic hourly/daily rate during a phased return (subject to earning at least the rate of SSP where there is an entitlement to this). If contractual sick pay is not exhausted, this will continue to be paid and the shortfall between worked hours and normal working hours will be deducted from the sick pay entitlement. If the employee is being paid SSP only, this will be the minimum rate of pay whilst on a phased return to work programme, unless SSP is exhausted, in which case payment will only be made for the actual hours worked. An employee who wishes to continue with the reduced or revised hours indefinitely should ask their manager to consider a permanent change to the contract of employment and we will discuss the implications of this with them.
5.12 For all absences, the employee should keep us informed of their progress at reasonable intervals as agreed with their manager. They should keep us informed of the likely duration of the sickness absence and when a return to work is likely. Statements of Fitness for Work should be submitted as they are received from the doctor or hospital, should cover all days absent and run consecutively.
5.13 When returning from a period of sickness absence, employees should report to work at the contracted start time unless otherwise agreed with their managers.
5.14 Payment may be withheld until the self-certification forms or Statement of Fitness for Work are received. We reserve the right to withhold SSP if we believe that the reasons given are not genuine. In such circumstances, a full investigation will be held, and medical evidence sought. To claim these payments when not sick is fraud and may result in disciplinary action.
5.15 We take a flexible, sensitive approach to personal and health problems and will work with employees to provide help and support to accommodate any problems, making reasonable adjustments wherever possible. Therefore, any employees with medical problems should discuss these with their manager in confidence.
5.16 At any time, we reserve the right to request a medical report should the need arise. This information will be requested in accordance with the Access to Medical Reports Act 1988 and/or the Access to Health Records Act 1990, either through the employee’s own GP or a professional Occupational Health practitioner.
5.17 We also reserve the right to request any employee to undergo a full medical examination, either to establish their general state of health or a particular aspect of it. The contents of the report will be discussed with the employee and addressed. All reports will be treated in the strictest confidence. If an employee refuses to attend such an examination or does not permit the report to be disclosed to us, either in its original format or at all, we may make decisions regarding future employment without the benefit of any medical report, based on the information we have at the time.
5.18 Any change in medical status must be notified to the Duty manager and employees line manager. This also applies to any medications prescribed.
5.19 Whilst absent from work due to illness or injury, we reserve the right to contact our employees at home out of or during working hours. This may occur where there is an urgent or business-related reason for such a call, or it may simply be to maintain contact and provide support, where appropriate.
5.20 Employees whose absence record give us cause for concern will be required to discuss these with their manager. The manager will consider the implications of any proposed action to ensure that any actions are consistent and reasonable across our business.
5.21 Whilst absent from work due to illness or injury, however minor, employees must not take on any other work, either paid or unpaid, without our consent, irrespective of whether sick pay is still being paid. They remain bound by all of the terms and conditions of their contracts of employment. If therapeutic work is recommended, we should be informed and we will take any appropriate steps to provide this ourselves if practicable.
5.22 Any accident at work, however minor, must be reported to a first aider and a manager immediately, this also includes any accident involving any other employee or visitor. Accidents must be recorded in the Accident Report Book. For further information on the reporting of accidents please see our Health and Safety policy.
5.23 Failure to comply with the above procedures could affect any entitlement to sick pay (other than SSP) and, in some instances, could warrant disciplinary action.
6 Excessive absenteeism
6.1 Employees who have a number of short absences that together comprise an unacceptable overall level of absence will be seen by their manager to discuss the frequency and reasons for these absences. This will apply irrespective of whether the absences are believed to be genuine.
6.2 The manager will explain what we consider to be an "acceptable" level of attendance. What is "acceptable" may be different depending on the nature of the work, the ability of the department to provide cover, the employee's length of service, previous absence history, the reasons given for the absences and the treatment of other employees in similar situations.
6.3 Further meetings may then be held in accordance with our disciplinary procedure on grounds of unsatisfactory attendance, and if, despite warnings, attendance remains unsatisfactory, this may result in dismissal.
6.4 To monitor short term absences fairly and consistently, we operate a scheme known as the "Bradford Factor". This measures the duration and frequency of absences as follows:
S x S x D = Bradford Factor score
S = the number of spells of absence in the reference period; D = the number of days of absence in the reference period
6.5 Our reference period is a rolling 12-month period, calculated from the first day of sickness.
6.6 Our "trigger points" for action and review are:
· 0-49 - no action or counselling
· 50-124 - potentially counselling or a verbal warning (in line with our procedure)
· 125-399 - potentially a first written warning
· 400-649 - potentially a final written warning
· 650 or more - potential dismissal (with notice)
6.7 These may be changed from time to time. Individual circumstances will be considered and exceptions to these trigger points will be made where appropriate.
7 Long-term illness or health conditions
7.1 For absences of longer than four weeks we will write to arrange a meeting with the employee. This will either be at our place of work or a home visit, and its purpose will be to establish the current situation and what support can be offered. We may request permission to obtain a medical report to establish the likely length of the absence and the long-term effect on the employee’s capability in relation to job performance and attendance at work. We may also consider whether an independent medical examination is necessary.
7.2 Once a report is received, we can then:
· establish the likelihood of an early return to work
· consider offering suitable, alternative employment or whether a period of alteration to hours of work, etc. would help reintegration into the workplace
· consider any reasonable changes that may be considered
· discuss the implications of continued absence in the longer term, bearing in mind the needs of the business.
7.3 If a Statement of Fitness for Work indicates that the employee is unable to undertake the full duties of their normal job, but may be able to do some work (either reduced or amended hours, or reduced duties), we will discuss this with them and consider any recommendations or suggestions which may facilitate an earlier return to work.
7.4 The above applies not only where ill-health results in the employee being unable to attend work for long periods due to ill-health but also where a long-term health condition results in unreliable attendance, or alternatively where the employee may be able to attend work but where the ill-health has a fundamental impact on their ability to undertake the job/tasks and achieve the standards required.
7.5 If concerns relating to performance and/or attendance arise and these are caused through a deterioration in health, an illness or a disability, the manager, together with a Company representative will work with the employee to offer support and try and achieve the most positive outcome.
7.6 We will regularly review all absences, and the circumstances, on an on-going basis. This will involve appropriate investigations and consultations and the taking of appropriate action where necessary.
7.7 If employees are incapable of returning to work, or of fulfilling the requirements of their roles and we have considered any alternative options, it may be that there is no alternative course of action other than to end the employment. Prior to taking a decision to dismiss for ill-health we will aim to ensure that everything has been thoroughly considered to try to prevent this.
7.8 In considering the most appropriate course of action we will always seek to take advantage of any available benefits.
7.9 Before inviting the employee to a formal dismissal discussion, the manager will collate relevant evidence to ensure that the discussion is as useful as possible. The manager will review any notes taken at previous informal discussions to remind themselves of actions already taken and will gather up to date evidence of any failure to meet the required standards. It may be appropriate to obtain the views of colleagues to gain as much relevant information as possible. At all stages, full consideration will be given to any employment benefits that are appropriate and available (eg counselling, employee assistance programme).
7.10 In addition, and if appropriate, we will seek to find alternative employment within our business which is suited to the employee’s skills and abilities. We will always ensure that any potential re-deployment opportunities have been explored prior to taking a decision to dismiss.
7.11 If there is no suitable alternative employment or an alternative course of action that is appropriate, then the employee will be given notice in accordance with the terms of the contract of employment. Dismissal on the grounds of capability would be the last resort.
8 Payment during sickness absence
8.1 Details of our sick pay scheme are set out in our terms and conditions of employment.
8.2 Any company sick pay will be on a pro rata basis for part-time employees or employees on fixed-term contracts.
8.3 Company sick pay includes any Statutory Sick Pay (SSP) where appropriate payable for that period. Employees who exhaust their entitlement to Company sick pay may still be entitled to receive SSP.
8.4 Payment of company sick pay depends on us being satisfied that the sick pay system is not being abused. Failure to report the reason for absence or to maintain regular contact could result in non-payment, as could repeated instances of short-term absence (where there appears to be no underlying medical reason for these) or failure to attend an occupational health appointment, if this is requested. Company sick pay (but not statutory sick pay) may also be withheld in the following circumstances:
· we believe that the sickness is not genuine
· the employee unreasonably fails to co-operate with a return to work plan
· the employee refuses to attend an occupational health assessment or medical examination
· if the illness/injury was sustained as a result of sporting or other leisure activities, or is due to sunburn or alcohol/drug consumption
· where the time off is to undertake surgical or non-surgical procedures that are concerned solely with the enhancement of physical appearance or any illness resulting from complications following this.
8.5 Company sick pay will not normally be paid during any notice period (irrespective of whether the notice is given by the employee or by us) nor during any absence due to sickness during the course of disciplinary proceedings or during investigations into alleged breaches of our rules, procedures or contractual obligations. The entitlement to Company sick pay may also be affected if notification of absence is later than the end of the first qualifying day of absence.
8.6 In the event of the self-certification form not being countersigned by a manager the absence will be treated as unauthorised and payment of Company sick pay will be withheld. The manager will note the reasons for withholding payment on the self-certification form. An employee who feels that the payment has been unfairly withheld should use our grievance procedure.
8.7 Any benefits under the contract of employment will continue to be provided during any period of absence. However, we reserve the right to ask for the return of any equipment that is not a contractual benefit (such as a laptop, notebook or mobile phone, van) which we may need in the employee’s absence.
8.8 Statutory leave (5.6 weeks) will continue to accrue during periods of long-term sick.
8.9 If the absence from work is (or appears to have been) caused by the negligence of a third party in respect of which damages are (or may be) recoverable, employees should use all reasonable endeavours to recover damages from the third party. Should the damages exceed the cost of recovery, they will be required to refund to us the part of any damages recovered which relates to sick pay paid during that period of absence.
8.10 If it is found that employees are claiming, or have claimed, sick pay fraudulently, this may be viewed as gross misconduct and they may be subject to formal disciplinary action, which could result in summary dismissal, as well as legal action to recover any monies paid out.
8.11 The existence of our sick pay scheme does not automatically entitle employees to continued employment. An employee who cannot attend work due to sickness or injury and is incapable of doing his/her job, or whose absence is unauthorised or is deemed after medical examination to be unreasonable, may be dismissed.
9 Statutory Sick Pay (SSP)
9.1 All employees are entitled to Statutory Sick Pay (SSP) provided they meet the detailed requirements of the scheme. SSP is not paid for any sickness absence of less than four or more days in a row as this does not form a 'period of incapacity for work' (PIW).
9.2 Employees will not be entitled to receive SSP if:
· their average weekly earnings are less than the lower earnings limit for National Insurance contributions
· they have already had 28 weeks' SSP from us and this new spell of sickness links to the last one
· they were not entitled to SSP the last time they were sick, for any reason, and this spell of sickness links to that one
· they started or returned to work after getting Employment and Support Allowance (ESA) from the Jobcentre Plus and are a 'benefit recipient' who is sick within the first 104 weeks of starting, or returning to, work for us
· they had a series of linked PIWs lasting more than three years
· they have not done any work for us under the contract of employment
· they are away sick during a stoppage of work due to a trade dispute which started before the first day of sickness, unless they have not taken part in the trade dispute and have no direct interest in it
· they are pregnant and the absence is either wholly or partly because of the pregnancy, and it occurs during the qualifying period for Statutory Maternity Pay (SMP) which commences with:
o the beginning of the week they are first entitled to SMP or the fourth week before the expected week of confinement; or
o the beginning of the week they are first entitled to Maternity Allowance (MA) from the Department for Work and Pensions (DWP); or
o the beginning of the fourth week before the expected week of confinement if they cannot get SMP or MA
· they are outside the EU and we are not liable to pay employer's Class 1 NICs, even if the earnings are high enough
· they are in legal custody.
9.3 Qualifying days for SSP - unless otherwise specified in the employee’s contract of employment, the days on which they would normally have worked had they not fallen sick will be identified as their qualifying days for SSP.
9.4 Waiting days – employees are eligible for SSP on the fourth qualifying day in a 'period of incapacity for work' (PIW). The first three qualifying days are known as 'waiting days', and there is no entitlement to SSP for these days.
9.5 Linked periods of absence – two or more continuous spells of sickness, each lasting at least four days and which are separated by 56 calendar days or less, are linked together and counted as one. This means that an employee who already had three waiting days in a period of incapacity, and then has a second linked spell within 56 days, will be paid SSP from the first qualifying day in the second spell.
9.6 Duration of payment – provided the eligibility criteria are met, SSP is payable for up to 28 weeks of sickness absence in either:
· one period of incapacity for work, or
· any number of periods linked by 56 calendar days (eight weeks) or less. These cannot extend for more than three years.
9.7 The Government fixes the rate of SSP, which is normally reviewed annually. To be entitled to SSP, employees must earn at least the equivalent of Class One National Insurance Lower Earnings limit. SSP is subject to Income Tax and National Insurance deductions and will be itemised separately on payslips.
10 Illness whilst on holiday
10.1 Any employee who falls sick either just prior to commencing planned holiday absence or during a period of authorised paid holiday, such that they would be unfit for work, and who would otherwise be unable to take at least their statutory holiday entitlement under the Working Time Regulations in this holiday year (including any bank/public holidays taken as paid holiday), may request that the period of illness/incapacity during the authorised holiday is converted to sick leave and the holiday taken at a later date.
10.2 Any employee who falls sick on a working day directly before or after a bank or public holiday, or directly following absence for authorised holiday, may be required to produce a fit note to qualify for company sick pay.
11 Absenteeism due to a pandemic
11.1 In the case of a pandemic or other public health emergency the Company will follow the advice given at the time by the UK Government, Public Health, and any other relevant official bodies, such as the Health and Safety Executive.
11.2 The company’s position on how sick pay and leave is treated during a public health emergency will be decided at the time taking into account any Government advice. Any decision to award sick pay above our statutory or contractual obligations will be based on the exceptional circumstances and will not set a precedent for how the company treats all public health emergencies in the future.
11.3 The company may require you to take a period of paid annual leave, use any accrued time off in lieu or treat any absence as unpaid leave, depending on the circumstances.
12 Pregnancy-related absences
12.1 Any sickness absence related to pregnancy will be recorded in the same way as any other sickness absence. However, it will not normally be counted when reviewing absence rates as part of any disciplinary or redundancy procedure.
12.2 Employees should be aware that maternity leave will start automatically if the absence from work is due to a pregnancy-related illness during the four weeks before the start of the expected week of childbirth, regardless of when maternity leave was due to start.
13 Absence records and monitoring
13.1 Details of employees’ health, either physical or mental, are categorised as "sensitive personal data". Health records are therefore kept confidentiality. A record for each employee is kept, detailing the number of days absent, dates and reasons given. The employee and their manager may request to see their individual details at any time. Certain other health assessments (such as night worker assessments, noise assessments and other health screening) are held confidentially. Records of any individual referrals and DSE assessments will be retained on individual’s personal files.
13.2 Our overall absence figures and the reasons for these will be reviewed and analysed on a regular basis to identify any trends or any areas of concern. Where areas of concern are highlighted, we will investigate these to identify the causes and any appropriate action will be taken.
14 Related policies and documents
· Disciplinary policy
· Return to work form
· Self-certification of absence form
The above list is not exhaustive.
15 Further information
Any queries or comments about this policy should be addressed to your line manager in the first instance.
16 Policy owner
This policy is owned and maintained by the Managing Director.
17 Policy review date
Date last reviewed: July 2024