If you are unwell and cannot come to work:
All sickness, whether self-certified or covered by a Fit Note, will be accepted as justification for absence. If exceptionally there are reasonable grounds to suspect that a reported sickness absence is not genuine, the matter will be dealt with as a disciplinary case.
A return to work discussion provides the correct forum for the member of staff’s sickness record to be discussed. The tenor and tone of the discussion will vary considerably depending on the nature of the sickness absence. Somebody returning to work after several months’ absence for major surgery and extended convalescence will expect and require a full return to work discussion that may have to be spread over several days. Somebody who has been away for a few days with a minor ailment having previously enjoyed perfect health will probably only require a few minutes for their return to work discussion.
However before any return to work discussion, you should gather all relevant information regarding the member of staff’s absence record and decide under what category of absence you wish to deal with the case.
Cases that may fall within the category of frequent short-term sicknesses absences are possibly going to generate the most problems. Staff who have been off for several weeks are unlikely to dispute the fact that they have a long-term absence. But your decision to treat a series of short-term absences as amounting to ”frequent” may be challenged. If therefore you feel that a case should be dealt with on that basis you should prepare for the discussion by giving consideration to the following factors:
Whatever the category of sickness absence the same structure can be followed for the return to work discussion although the time taken for the process will vary from a couple of minutes for an occasional short-term illness to several hours over several days for somebody returning after a long-term absence. Matters to be covered in the return to work are:
During the discussion, ensure that you give the member of staff every opportunity to discuss any concerns that they may have with regard to their absence. Do not be judgmental, become over-involved, make assumptions about their absence, or attempt to give any advice that you are not qualified to give. Be open-minded and stick to the facts.
Begin the discussion by welcoming back the member of staff and letting them know that they have been missed. In many cases the primary purpose of the return to work discussion will be a brief thank you to the member of staff for all that they do for the University. The discussion confirms that the member of staff is valued, which is evidenced by the fact that even when they were not here for a few days he or she was missed. Only in a minority of cases will the process be more complex and complicated. In all cases explain the purpose of the discussion and make it clear that it is routine to conduct one with all members of staff who are absent due to sickness absence.
Having regard to the nature and length of the sickness absence you need to gain information on the following:
These areas should be explored in a caring and concerned manner. The best way to do this is by active listening i.e. listening carefully to what the person has to say.
In cases of persistent absence, you should take this opportunity to remind the member of staff of the importance of full attendance whenever possible. You should point out the actions that either you or your colleagues had to take as a result of their absence e.g. working extra hours, employing extra help etc. Discuss any observations you have made regarding their absence e.g. if their absence seems to form a pattern, and explore ways in which you can help the member of staff attend as required.
Remind the employee that they have an obligation to be present at work. Then state that the University understands that people are afflicted by events and illness that sometimes prevent them from discharging their obligation. Both the University and the member of staff need to co-operate to ensure that this contractual obligation is maintained but the responsibility for absence rests with the member of staff.
You should summarise any action that you have agreed should take place e.g. referral to the Occupational Health Advisor, referral to counselling, changes to working arrangements etc. You should ensure that it is clear who will be taking this action and whether anyone else needs to be involved. In most cases of occasional short-term absence no further action will need to be taken and accordingly there will be no need to take notes.
It is very important to leave the discussion on a positive, upbeat note. In the case of staff who have been absent for some time you should brief them on the events that occurred during their absence and discuss any work that they need to do to catch up.
In a minority of cases further action may be needed which could affect the member of staff’s contractual relationship with the University. This could involve taking formal action under the University’s procedures for managing sickness absence and capability. If that is being proposed the member of staff will be notified of the reasons for taking that course of action.
You should now complete the sickness absence form [doc], ensuring that you note any future action you have agreed to take as above.
Typically three or fewer occasions totaling no more than 10 days of sickness absence in a twelve month period
For somebody who is only away from work on an occasional short-term basis all that will usually be required is a brief, routine return to work discussion with the Head of Department or line manager.
However, this discussion may identify issues (such as those of a newly acquired disability or changed personal circumstances) which require action on the part of the University and/or the employee. If you need assistance in tackling these issues, contact your HR Manager.
Patterns of absence due to minor illnesses
Frequent, short-term absences are a particular problem as it is difficult to plan for their impact. The impact can be substantial and have a negative effect on colleagues, students or other service users. If an employee frequently has short-term absences you should read and follow the guidance in the sickness absence policy and procedure.
Absences of more than four weeks
Any period of absence from work because of ill health lasting more than four weeks will be deemed as long-term sickness. This includes:
Staff who are absent from work because of a long-term health problem continue to be the responsibility of their Head of Department and other senior members of the Department. Again, you should consult the sickness absence policy and procedure for further guidance.
If arrangements are put in place for an employee to return to their full work pattern on a phased basis, with work time increasing over a number of weeks, please note that the days when they do not work (and they would normally work) should be recorded as sickness absence on the Departmental Absence Report for Payroll [doc].
There are three main types of sickness absence:
Any period of absence from work because of ill health lasting more than four weeks will be deemed as long-term sickness. This includes:
Long-term sickness absence will require the submission of Statements of Fitness to Work ('Fit Notes').
Frequent short-term absence involves patterns of absence due to minor illnesses that are usually not connected. Such patterns could vary from a relatively large number of single days of absence, to fewer occasions of absence involving a loss of up to a week or more, or a mixture of individual days and longer periods of absence. High levels of this type of absence may indicate problems, which need to be explored and resolved. A total of 12 days or more of such absence within a 12-month period will normally lead to discussions under the terms of the procedures detailed below for the management of frequent, short-term absences. Frequent short-term absences may be self-certified or covered by a Fit Note.
Occasional short-term absences are typically of 3 or fewer occasions totalling no more than 12 days of sickness absence. Occasional short-term absences may be self-certified or covered by a Fit Note.
Has a contractual responsibility to attend work. In the event of absence due to sickness staff are required to follow the procedure detailed below:
Heads of Departments and their senior colleagues are responsible for ensuring that the Sickness Absence Policy is implemented within their department. They must:
Heads of Departments or their nominee are responsible for providing the Payroll Office with a weekly return showing individual details of all days lost because of illness, injury or disease. Departments should use the Weekly Absence Report Form, a copy of which is attached for information (See Appendix C) and available on the finance web page.
All days absent due to sickness must be reported and any single absence of 4 to 7 days must be self-certified. Absences of 8 or more days need to be covered by a Fit Note. The original Fit Notes for absences of more than 8 days must be forwarded to the Payroll Office.
The Payroll Office will collate the data and circulate appropriate information on a monthly basis to the relevant Head of Department.
The Payroll Office will provide the HR Department with the data required for high-level management reports as well as copies of departmental reports.
HR staff have a key role in supporting Heads of Departments in implementing policies and procedures at departmental level.
HR staff provides Staff Committee, Health, Safety and Welfare Committee and other University committees with high-level management information on the cost and consequences of sickness absence.
HR staff must:
Heads of Departments, other senior colleagues and HR staff may refer a member of staff who suffers from ill health for specialist advice. Reference to the Occupational Health Services or the Disability Manager is a normal process, especially in cases of long-term absence. In addition the University may, from time to time, call on the services of clinical consultants, work-place designers etc. to provide advice on specific cases.
Those providing specialist advisory services will be asked to provide independent confidential guidance to Heads of Departments, senior members of the University and HR staff on:
Heads of Departments, senior staff, managers and supervisors with responsibility for implementing this policy need to be fully briefed to manage sickness absence effectively. The University provides regular workshops on "Managing Sickness Absence" and, while attendance of such training is not mandatory, it is highly recommended. The workshops deal with:
All staff who have been away from work because of sickness absence must have a Return to Work Discussion. Ideally the discussion should be held on the first day the person returns to work or as soon as possible thereafter. In all cases the return to work discussion is designed to:
At the end of the discussion the HoD (or nominee) or line manager should complete the return to work discussion form. If it is decided to refer a member of staff to Occupational Health or another third party or to take some other action designed to deal with long-term or frequent short-term ill health absences, the member of staff must be told of that decision which should be confirmed in writing.
The time required for the return to work discussion will vary according to the nature of the absence. With a case of occasional short-term sickness absence the return to work discussion is likely to take only a few minutes. When a member of staff is returning to work after several months' absence the return to work discussion may be spread over several days, as there may be a need to discuss, for example, the use of newly-introduced equipment or work methods. The return to work discussion will normally be held without the member of staff being accompanied.
Staff who are absent from work because of a long-term health problem continue to be the responsibility of their Head of Department and other senior members of the Department.
A key part of the process in managing a person on long-term absence is to ensure that regular contact with the employee is maintained. The timing and nature of that contact will be appropriate to the situation of the member of staff and their medical condition. However, it is expected that at no point in the absence will more than 6 weeks elapse without telephone or personal contact being made with the member of staff. The purpose of these contacts is to reassure the member of staff about their job and to enquire about their welfare. HoDs/Managers may wish also to provide information (for example on sick pay entitlements), discuss the likely length of absence and/or enquire as to whether any support can be provided that would assist the recovery of the individual.
Where the nature of the illness, as well as the duration and outcome of the treatment is fully known, both parties can plan the return to work as well as focusing on the member of staff's welfare while away from work. Where the diagnosis is unknown and/or the period of long-term illness uncertain, more difficulties are likely to arise in the management of the situation. Reports from Occupational Health Services and other specialists will be important in enabling Heads of Departments and other senior staff to best manage the situation and any difficult decisions that may be involved.
The outcome of a long-term sickness absence will be determined by the University on the basis of medical and other specialist advice and in consultation with the member of staff. The member of staff will have the right to be accompanied by a trade union representative or a work colleague at any meeting he/she attends within this part of the procedure. If the member of staff is unable to act on her or his own behalf, the University will consult with the person(s) authorised to act for them. Guidance and advice on dealing with long-term illness cases will be sought from the University's legal advisers as necessary.
The outcomes of a long-term sickness absence may include:
All sickness, whether self-certified or covered by a Fit Note, will be accepted as justification for absence. If exceptionally there are reasonable grounds to suspect that a reported sickness absence is not genuine, the matter will be dealt with as a disciplinary case.
However, the fact that somebody who is frequently absent with short-term illness is genuinely unwell does not mean the University can allow the situation to continue indefinitely. Frequent, short-term absences are a particular problem for the organisation as it is difficult to plan for their impact. The impact may therefore be substantial and can frequently disrupt the normal operation of a department, having a negative effect on work colleagues, students and other service users. The following procedures should therefore be followed in the case of frequent, short-term absence. A member of staff will have the right to be accompanied by a trade union representative or work colleague at any meeting held under the formal stages of these procedures.
Early concerns about the level of an individual's absence should be raised at an appropriate Return to Work Discussion. Members of staff are frequently unaware of how much absence they have had, and bringing that to their attention, along with a discussion about factors that may be affecting their health, can lead to an early and informal resolution of the problem.
Where problems continue the HoD (or nominee) or an appropriate manager should discuss the matter informally with the member of staff, and inform them that their level of absence is causing concern. They should again enquire whether there are any factors affecting the health of the individual that can be addressed by the organisation. It is important to let the member of staff know that if the level of absence continues unchanged a more formal approach to the management of the issue is likely to be adopted.
Managers should make a note of dates on which informal discussion of this sort have occurred.
Where levels of frequent, short-term absence have failed to reduce following informal management of the case the appropriate manager, together with the relevant member of the HR Department, will meet with the member of staff to consider how the problem should be addressed. The individual may be accompanied by her/his trade union representative or work colleague if he/she wishes. He/she will be given advanced, written notification that the Department has concerns about the level and pattern of absences and wishes to discuss them at a meeting. Details of the absences will be included in the letter, along with a record of dates on which the matter has been discussed informally.
The meeting should be supportive and aim to resolve the situation. It will seek to identify the reasons for the frequent absence, and measures that can be taken by the individual and the University to help to overcome the health or other problem and improve attendance. The University may seek advice and guidance from specialists such as Occupational Health or the Disability Manager. The University may also consider variations to working arrangements to ensure the member of staff's sickness absence record improves.
The member of staff will be sent a written summary of the meeting, an action plan detailing the steps to be taken by all parties to help improve attendance, and the timescales within which it is it happen. The matter will be kept under review for a maximum of twelve months.
If during the twelve month period there has been a sufficient reduction in the level of frequent short-term absences to deem the member of staff as having a normal level of attendance, the matter will be closed and no further action taken. However, should the level of short-term absence continue at the same level or become more frequent, the formal stage of the process will be repeated on one or two occasions (according to the circumstances of the case) to try and identify and overcome the reasons for the persistence of the problem.
If the level of absence fails to improve following the formal stage of this process, the University may conclude that the member of staff's lack of capability means that they cannot fulfil their contract of employment. At that point the member of staff, and her or his trade union representative or work colleague, will be asked in writing to attend a meeting for the purpose of reaching a final decision on the issues. The outcome of the meeting may be:
For somebody who is only away from work on an occasional short-term basis all that will usually be required is a brief, routine Return to Work Discussion with the HoD (or nominee) or line manager. However, it may be that such a discussion will identify issues, such as those of a newly acquired disability or changed personal circumstances, which will necessitate action on the part of the University and/or the individual. Such action will be initiated as appropriate.
All sickness absence cases, whether long-term, occasional short-term or frequent short-term may fall within under the Disability Discrimination Act (1995). Accordingly, Heads of Departments and others responsible for managing and supervising staff must ensure that in dealing with particular cases they comply with the provisions of the Act. Heads of Departments and others with responsibility for staff should ensure that they have been trained in the details of the legislation. If necessary, specialist advice on the application of the legislation to particular cases is available from the HR Department.
Sickness absence reports will be provided by the HR Department to Staff, and Health, Safety and Welfare Committees on a quarterly and annual basis. The data will show:
This policy will be developed and amended in line with comments from Heads of Departments, senior staff, trade union representatives and individual staff. Changes in the policy and procedure will require the approval HR Policy Committee.
The appendices are available below. All forms are in MS Word format which will enable you to modify the Department name etc.
The University complies with the requirements of the relevant legislation and is responsible for paying Statutory Sick Pay (SSP) to members of its staff.
Further information on Statutory Sick Pay can be found at https://www.gov.uk/statutory-sick-pay-ssp/overview.
This includes who is covered by and qualification for SSP and rates of payment.
If you require any further information please contact Payroll office.
In most cases where the University's Occupational sick pay scheme is applicable, SSP is a sum less than that paid by the University and is included within the allowances payable under the University's own scheme. Where SSP exceeds those allowances, it will be paid in full.
Under the University's Occupational Sick Pay Scheme and subject to the conditions which follow, you are entitled to receive Occupational Sick Pay for a period of absence due to sickness in accordance with the following (less any maternity allowance or Employment and support allowance where this is payable).
| Length of service | Entitlement |
|---|---|
| During the first three months of service | Up to two weeks on full pay and a further two weeks on half pay |
| During the first year (after first three months) | Up to two months on full pay and a further two months on half pay |
| During second and third year of service | Up to four months on full pay and a further two months on half pay |
| During the fourth and fifth year of service | Up to six months on full pay and a further four months on half pay |
| After completing five years of service | Up to eight months on full pay and a further four months on half pay |
Notes:
2.2 Calculation of allowance
Sick pay is payable for the working days that you are contracted to work during that week, as specified in your contract of employment.
Someone who is contracted to work Monday to Friday inclusive and is absent from work from Monday to Friday due to sickness, will receive sick pay for those five days. A part-time member of staff who works on Monday, Wednesday and Friday and is absent from Monday to Friday will only receive sick pay for three days. A shift worker, who maybe contracted to work full or part time and works those hours over a shift system, will have their sick pay calculated over the duration of their absence i.e. if they are absent for one week, they will receive a week’s sick pay. However, if that sickness is for a short period of time, for example 2 days, they will receive 2/7ths of their pay as sick pay.
For the purposes of assessing the period of full pay and half pay, the definition of one month is as follows:
| No. of days in a working week: | Definition of one month*: |
|---|---|
| 1 day shall be | 5 working days |
| 2 days shall be | 9 working days |
| 3 days shall be | 14 working days |
| 4 days shall be | 18 working days |
| 5 days shall be | 22 working days |
| 6 days shall be | 26 working days |
A person who is contracted to work 1 day a week and is entitled to receive 2 months' full pay and 2 months' half pay will receive:
2 x 5 = 10 days' full pay, plus 2 x 5/2 = 5 days' half pay
2.3 Notification and certification of illness
In order to qualify for payment under the University's sick pay arrangements the following course of action should be carried out.
First Day of absence - You (or in exceptional circumstances someone acting on your behalf) must notify your line manager as soon as possible that you are unable to come to work and also indicate as accurately as possible the likely date of your return to work. You should establish how ongoing contact will be maintained during the absence.
Fourth day - If you have been sick for four or more consecutive days and you wish to receive Statutory Sick Pay (SSP) from the University you will need to complete form SC2 which is available from Payroll Office or via the link below. Forms should be completed immediately on your return to work and submitted to Payroll office.
http://www.hmrc.gov.uk/forms/sc2.pdf.
Eighth day onwards - If your sickness absence extends to eight calendar days or longer, a Fit Note (form MED 3) from your doctor or form MED 10 from the hospital must be submitted to your line manager at regular intervals
If it is necessary for you to see your doctor in the first seven days and it is clear to him/her that the incapacity will last more than a week, he/she may choose to issue you with a Fit Note, form MED 3 (although not obliged to do so) for the forward period and this should be submitted to your line manager in the normal way. It is your responsibility to ensure that each day of sickness is covered by a Fit Note to qualify for SSP and/or the University's Occupational Sick Pay Scheme and that the Fit Note is submitted promptly.
If you work part-time and your average weekly wage over eight weeks is below the lower earnings limit for National Insurance contributions, you are ineligible for SSP. You should ask for a private medical certificate in those circumstances, as the doctor may not give you a 'Fit Note' (as required for SSP purposes). You may be asked to pay a fee to the doctor for this certificate and if so you should send a note of the cost with the certificate when you submit it to your line manager. The University will reimburse such fees.
If you suffer from a serious condition and take time off for regular weekly treatment such as dialysis or chemotherapy, you should advise your line manager without delay.
Return to work
You no longer need to supply a certificate of fitness and can return to work immediately after the expiry of a Fit Note. You should, however, inform your line manager of your intention to return to work.
You may return to work prior to the expiry of a Fit Note as long as your line manager agrees. For example, you may want to go back to work sooner if you’ve recovered from your illness or injury more quickly than expected or your line manager can offer you support, to help you return to work
You do not need to see your GP again to be signed back to work, unless your GP has indicated on the Fit Note that they wish to see you to assess you before you return to work.
Hospital admission
If you are admitted to a hospital or similar institution, you should submit to your line manager a self-certificate form on admission and a medical certificate on discharge if your stay in hospital has been more than seven calendar days. If you are in doubt whilst in hospital you should seek advice from the hospital staff.
2.4 Sickness during holidays, public holidays and customary days
The University does not expect staff to lose holidays through sickness, and holidays in lieu (taken by mutual agreement with the individual's line manager) are given in cases of sickness during holidays, as long as a Fit Note is provided. Staff on long term sick leave who, as a result, are unable to take all of their leave entitlement in a particular year are allowed to carry forward any untaken annual leave to the following leave year.
Staff who are on paid occupational sick leave (or paid occupational maternity leave) on a Public/Statutory or Customary holiday are allowed to take the day(s) of holiday at a mutually convenient time (i.e. agreed with their line manager). Staff who are on unpaid sick leave (i.e. they not eligible to receive occupational sick pay or they have exhausted their entitlement to paid occupational sick leave) on a Public/Statutory or Customary holiday are not allowed to take the day of holiday on their return to work. However, such staff will receive payment of SSP for any Public/Statutory or Customary holidays which occur during any period of sickness for which there is an entitlement to SSP.
Notification of sickness on Public/Statutory or Customary holidays should be made to your line manager as soon as practicable, adhering as closely as possible to the conditions set out above. Sickness absences for all holidays, including Public/Statutory and Customary should be accounted for by Fit Notes and in these circumstances self-certification will not be accepted.