PROCEDURE, GUIDANCE And TEMPLATES FOR MANAGING ATTENDANCE .
PROCEDURE, GUIDANCE and TEMPLATESFOR MANAGING ATTENDANCE(to be read in conjunction with theAttendance at Work Policy)Produced by the Human Resources DirectorateBusiness Services Organisation2 Franklin Street, Belfast, BT2 8DQPage 1 of 52
Reference No:Title:Procedure, Guidance and Templates for Managing Attendance (Attendanceat Work Procedure)Author(s)Gerard O’Kane, Patrick Hanna and Lee-Ann McKayOwnership:Director of Human Resources and Corporate ServicesApproval by:BSO BoardApproval date:12 August 2015Operational date:01 Sept 2015Next Review:01 Sept 2018Version No.1.0Supersedes:BSO Attendanceat Work ProtocolKey words:Attendance, Absence, Procedure, Policy, Health, SicknessDirectorResponsibleDirector of Human Resources and Corporate ServicesLead AuthorGerard O’KaneLead AuthorPositionHuman Resources AdvisorAdditional Author(s)Patrick Hanna and Lee-Ann McKayDepartmentHuman ResourcesContact detailsbso.humanresources@hscni.netBSO Human Resources Strategy 2014-16Links to otherpoliciesDisciplinary ProcedureAttendance at Work PolicyDealing with Capability / CompetencePage 2 of 52
Table of ContentsIntroduction and Purpose . 51.Notification and Certification . 51.1Employees’ Responsibilities . 51.2Managers’ Responsibilities. 61.3Certification Procedure . 61.4Statement of Fitness for Work . 82.Management of Short Term Absence . 92.1Triggers . 92.2Courses of Action (Management Action) . 92.3Evidence of Mitigation . 92.4Management action where there is evidence of a medical condition/ health issue . 102.5Management action where there is no underlying medical condition . 122.6Formal Disciplinary Action where there is no underlying medical condition . 133.Management of Long Term Absence . 144.Referring to Occupational Health (OH) . 154.1OH Report . 154.2Failure to Attend OH . 164.3Self-Referrals. 164.4Maintaining Contact during Periods of Absence . 164.5Phased Return Recommended by Occupational Health . 174.6Request for Phased Return . 185.Other Related Issues . 195.1Failure to Attend Meetings . 195.2Having Surgery Outside the UK/EU . 195.3Sickness and Annual Leave . 195.4Sickness as a Result of Sports Injury/Secondary Employment . 205.5Sickness during Pregnancy . 205.6Going Home Sick . 215.7New Employees and Probationary Period . 216.Disability Discrimination Act (DDA) 1995 . 226.1Managing Absence . 227.Redeployment on Health Grounds . 248.Ill Health Retirement / Termination / Redeployment Process . 268.1Ill Health Termination Procedure . 268.2Final Review Meeting . 268.3Formal and Independent Hearing and Management Presentation . 278.4Appeal . 27Page 3 of 52
8.5Ill Health Terminations - Best Practice Principles . 308.6Ill Health Retirement – Best Practice Principles . 31Appendix A – How to Create and Edit Sick Leave . 33Appendix B – Attendance Management Checklist for Managers . 34Appendix C – Return to Work Interview form . 35Appendix D – Guidance on how to complete a return to work interview . 37Appendix E – Template letter for conflict between GP and OH . 40Appendix F – Occupational Health Management Referral form . 41Appendix G – Guidance on completing the Management Referral form . 47Appendix H – Template letter advising of action following failure to attendOccupational Health . 48Appendix I – Contact meeting pro-forma . 49Appendix J – Template letter inviting employee to local investigation meeting . 51Appendix K – Template letter advising of informal warning . 52Page 4 of 52
Introduction and PurposeThis procedure has been written to compliment the Attendance at Work Policyand provides a practical framework within which managers and employeescan obtain guidance on the day to day management of attendance. Thisprocedure document will provide advice on the issues such as certification,absence triggers, occupational health and ill health retirement, terminationand redeployment.1.Notification and CertificationBoth managers and employees have a responsibility in thenotification of absence.1.1Employees’ ResponsibilitiesEmployees must notify their line manager or appropriate designated officeras early as possible before the scheduled commencement of duty and nolater than 9.30am on the first day of absence. Any employee working on anearly shift must report as soon as possible before commencement and nolater than 30 minutes after your expected start time.Notification must be by telephone. Emails or text messages are notacceptable.Employees must indicate the reason for absence, the expected duration ofthe absence and whether or not a medical practitioner will be seen.Employees should also indicate what tasks need to be completed in theirabsence.Throughout the absence the employee must maintain regular contact withthe Manager, the frequency of which should be agreed with the Manager atthe outset of the absence, taking consideration of the circumstances of thesickness. It is not acceptable for employees to send certificates withoutregular verbal communication with their manager. Failure to contact theline manager will mean that the manager will make efforts to contact theemployee either by telephone or in writing. In certain circumstances, theemployee may be more comfortable maintaining contact with a more seniormanager. In these circumstances, this should be agreed at the outset ofthe absence period.Failure to provide appropriate certification for absence may result in sickpay being withheld. Continued failure to maintain contact or respond tocontact from the manager as agreed may result sick pay being withheldand disciplinary proceedings.Page 5 of 52
1.2Managers’ ResponsibilitiesManagers must ensure that all new and existing employees are familiarwith their responsibilities in absence reporting, in particular, the person towhom they should report on the first day of absence.Managers must ensure that all absence is recorded accurately and on atimely basis on HRPTS. The orginal certification documents should beretained by managers for monitoring purposes and stored in a securelocation.Upon the employee’s return to work, the return to work interview (AppendixC) should be completed and held locally and securely by the line manager.Human Resources (HR) will regularly audit compliance with this aspect ofthe procedure.1.3Certification ProcedureUnder the Occupational Sick Pay Scheme employees are required tosubmit the following certificates as appropriate to their line manager:1.3.1 1 to 3 calendar days - No certification is required1.3.2 Up to 7 calendar days - A self-certificate form must be submitted by theemployee within 7 calendar days of the 1st day of absence dated fromthe 1st day of absence. The sickness absence must be recorded onHRPTS, held locally by the manager and stored securely.1.3.3 8 calendar days or more - If an employee is off sick for more than 7calendar days then they are required to submit a self-certificate and astatement of fitness for work (commonly known as a sick line) to covertheir absence from day 8. If a statement of fitness for work is obtainedfrom day 1 then a self-certificate will not be required.1.3.4 In all situations the manager should discuss certification during initialcontact and further agreed contact with the employee and must remindthe employee of their obligation to provide appropriate certificationthroughout their absence.1.3.5 If an employee has been admitted to hospital then a hospital certificatecan be accepted from the 1st day of illness.1.3.6 It should be noted that failure to provide appropriate certification within7 calendar days of expiry of either a self-certificate or a statement offitness for work may result in salary being withheld and it may also leadto disciplinary proceedings. In circumstances where there is a delay inforwarding the certificate, employees must communicate this to theirmanager at the earliest opportunity.Page 6 of 52
1.3.7 Managers should ensure that the original documentation is held locallyby the manager and stored securely.1.3.8 The email sent to the Payroll Shared Service Centre should include inthe subject line the employee’s name, staff number and organisationand the manager’s contact details should be included in the body of theemail.1.3.9 A return to work interview form (Appendix C) should be completed afterall periods of absence as detailed previously.Page 7 of 52
1.4Statement of Fitness for WorkThis document is provided by a General Practitioner (GP) and will advise ifan employee is unfit for work or fit for work with reasonable adjustments.Where the GP has recommended reasonable adjustments the linemanager should;1.4.1 Contact the employee to discuss, and where the adjustments areconsidered reasonable and can be accommodated, the line managershould make the necessary arrangements with the employee andagree a return to work date. A manager can request advice from OH inrelation to adjustments.1.4.2 In exceptional circumstances where the line manager cannot facilitatethe adjustments, the manager should use the statement of fitness forwork as stating the employee is not fit.1.4.3 There may be occasions when an employee is able to return to workbefore the end of the period detailed on the statement of fitness forwork. The employee should discuss this with their manager and OH ifnecessary. If there is agreement the employee can return to workbefore the statement of fitness for work expires, and the managershould amend the end date of the sickness period on HRPTS.1.4.4 Please note employees no longer require a signing off line.1.4.5 There may be occasions when the opinion of OH and the GP will differand the OH report may state that the employee is fit for work while theGP may provide a further statement of fitness for work stating that theemployee is not fit to return to work. In these situations the managershould contact the employee immediately and discuss what may havechanged since the employee attended OH and then subsequentlyattended their GP. The employee should be advised that the finaladvice will be taken from OH rather than the employees’ GP and ifthere has been no change the employee will be expected to return towork on the date suggested by OH or on the Monday following the dateof the report and will not entitled to sick pay as the absence will nolonger be related to sickness.1.4.6 There may be occasions where an employee submits a statement offitness for work certificate that contains a different reason for absencethan what was originally received. At this point the manager shoulddiscuss the change in reason with the employee and HRPTS should beupdated with the dominant reason i.e. the reason which takes up thelongest period of absence.Page 8 of 52
2.Management of Short Term AbsenceShort term absence is a single period of absence lasting less than 20 days.The pattern is usually 1, 2 or 3 days at regular intervals. It can alsomanifest itself in excessive use of certification processes of more than 3days which would fall below 20 days.2.1TriggersThe triggers for management action in respect of short term absence, inline with the Regional Attendance Framework, are as follows: 3 episodes of absence within a 12 months rolling period.2 episodes of absence totalling 10 working days or 2 calendar weekswithin a 12 month rolling period.1 episode of 10 working days within a 12 month rolling period.After all periods of absence a return to work interview must be completed(Appendix C) and held locally by the manager, the date of the return towork interview should also be input to HRPTS. The purpose of theinterview is to discuss the circumstances of the absence and to enableappropriate monitoring and action to be taken.2.2Courses of Action (Management Action)Once a trigger point, as set out above, is reached the manager shouldconsider the circumstances of the case and take action as appropriate.Management Action could include;1) Formal meeting with the employee,2) Referral to Occupational Health (OH),3) Disciplinary action.Account should be taken of the individual’s circumstances and when atrigger point is reached discussions at the return to work interview alongwith the previous history/action will determine one of the following threecourses of action to be taken: Mitigation Manage in context of medical condition Manage in context of no medical condition2.3Evidence of mitigationFollowing a review of the circumstances of each case which may establishextenuating personal circumstances (previous history and/or job relatedfactors) which may contribute to the absence level a decision may be takenthat a verbal warning under the disciplinary procedure may not beappropriate at this stage.Page 9 of 52
Particular care must be taken when dealing with staff who have a disability,caring responsibilities for people who have a disability or pregnancy relatedabsences and advice from HR must be requested.However, managers should in all circumstances reinforce the need forimprovement in the level of attendance and discuss options including areduction in hours (temporary or permanent) and different start andfinishing times.It is essential that the employee understands that it is expected that theywill demonstrate and sustain an improvement in attendance.If the employee is unable to sustain an improvement and the Manager issatisfied that circumstances of the case have been addressed and thereare no health issues to explore consideration should be given to takingdisciplinary action as detailed below.2.4Management action where there is evidence of a medicalcondition/ health issue2.4.1 If there is a common reason for short term absence or where theemployee indicates at the return to work interview that they have amedical condition which is contributing to their absence level a referralshould be made to OH to determine if there is an underlying healthproblem (See Appendix F).2.4.2 If it has been established by OH that periods of short term absence arecaused by an underlying health condition managers should considerthe information provided by OH and consider what appropriateadjustments could be made. In these circumstances managers shouldnot attempt to reinterpret medical advice, but should seek advicerelating to adjustments. These adjustments must be with a view toenabling the employee to stay in work.2.4.3 Adjustments may include: Changes to the employee’s working pattern; Reduction in hours; Changes to work tasks or work environment if possible; Redeployment to a different job; Reasonable adjustments in accordance with the disabilitydiscrimination legislation.2.4.4 Such adjustments may be for a temporary period only and it isimportant to remind the employee that they are responsible for theirown attendance and as such must contribute to finding solutions whichwill enable them to provide regular attendance.Page 10 of 52
2.4.5 Confirmation of a medical condition/illness does not preclude furtheraction being taken and the employee should be advised that animprovement in attendance is expected. Any agreed adjustmentsshould be confirmed to the employee in writing, outlining agreed timeperiods and the requirement for monitoring.2.4.6 Should there continue to be an unacceptable level of short termabsence, discussion at the return to work interview should includereference to previous meetings and action that has been taken to assistthe employee.2.4.7 Further advice should be sought from OH if appropriate and if there areno further adjustments that could reasonably be made the employeeshould be advised that consideration may have to be given to redeployment or termination on the grounds of ill health.2.4.8 Where there is no improvement in attendance but the reasons forabsence are unrelated to the health issue, consideration may be givento further disciplinary actions which may result in the contract beingterminated in accordance with relevant incapability or disciplinaryprocedure.2.5Management action where there is no underlying medicalcondition2.5.1 If a manager is satisfied after discussion with the employee that theshort term absences are not related and that there are no mitigatingcircumstances, underlying medical condition or a disability under theDisability Discrimination Act, then an employee should be advisedduring return to work interviews that a further period of absence maylead to an informal warning under the disciplinary procedure. This is tocaution the employee that an improvement in attendance is expectedand this should be recorded.2.5.2 The employee sho
5.3 Sickness and Annual Leave . Appendix E – Template letter for conflict between GP and OH . 40 Appendix F – Occupational Health Management Referral form. 41 Appendix G – Guidance on completing the Management Referral form. 47 Appendix H – Template letter advising of action following failure to attend Occupational Health. 48 Appendix I – Contact meeting pro-forma .
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