BOROUGH OF POOLE
POLICY ON MANAGING ATTENDANCE AND SICKNESS FOR SCHOOL EMPLOYEES
May 2008
CONTENTS
CONTENTS Paragraph Page
Summary 1 3
Scope 2 3
Statement of Policy 3 3-4
SECTION 1:
Return to work discussions 4-6
5
SECTION 2:
Absence Review Procedure 7-17 7-11
SECTION 3:
Referral to Occupational Health Service 18-24 12-13
SECTION 4:
Medical Incapability and Ill Health Retirement 25-28 14-16
SECTION 5:
Appeals Panel Procedure 29 17
SECTION 6:
Redeployment 30 18
SECTION 7:
Procedures for facilitating a phased return to work following a serious illness or injury or making an adjustment on account of a disability. 31-34 19-20
SECTION 8:
Ill Health Retirement at the request of the Employee 35-38 21-22
APPENDICES:
1. Notification Arrangements, Sick Allowance Conditions and Miscellaneous Provisions including sent home on medical grounds
2. Sick Pay Allowance - Support Staff
3. Sick Pay Allowance - Teachers
4. Appeal Hearing Procedure
5. Referral to Second Independent Occupational Health Physician
6. Injury Allowance Scheme
7. Medical Referral Form
8. Right to be Accompanied by a Companion
23-27
28
29
30-31
32-33
34-35
36-44
45
Note: References in this policy to 'Occupational Health Service' mean any Occupational Health Practitioners i.e. Physician, Consultant, Nurse or Adviser
1. SUMMARY
This policy has been prepared in consultation with the recognised trade unions to assist Headteachers/Governors to fairly and consistently manage absences against the background of the schools expectation that all employees need to be capable of an acceptable level of attendance at work in order to effectively carry out their duties. The main feature of the policy are as follows:-
a) Return to work discussions to be held with each employee after a period of absence due to sickness.
b) Review Interviews triggered where an employee has a pattern of absences including: -
- 3 spells of absence over a rolling six month period (whether self or GP certified) amounting in total over the period to 5 working days or more;
- a total of 20 or more working days absence in any 12 month rolling period
c) Provision for the issue of written cautions and referral to the Occupational Health Service where medical advice is sought.
d) An emphasis on employee support to achieve an improvement in attendance including consideration of adjustments and redeployment.
e) Procedure for consideration of Permanent Ill Health Retirement and termination on the grounds of Medical Incapability.
2. SCOPE
These procedures relate to all school employees including Headteachers, Teachers and Support employees. Where a Headteacher is subject to the Procedure the Chair of Governors will adopt the role of Headteacher. The Borough will also provide appropriate support. Throughout this document we refer to Headteacher but this refers to any senior manager within the school with delegated responsibility for attendance management.
3. STATEMENT OF POLICY
The School will:
a) promote the health and safety of its employees, supporting employees experiencing sickness with a view to assisting a return to work where possible and sustaining an acceptable level of attendance;
b) develop medical surveillance programmes for high risk groups and initiatives to address causes of sickness where these may be work-related;
c) endeavour, as far as is practicable, to ensure that all employees understand: -
o The need for good attendance and the effect of absence on the Schools ability to provide consistently high standards
o The standards of attendance expected by the School
o The procedure to be followed to encourage and support good attendance
o The procedure to be followed when standards of attendance fall below the expected standards
d) ensure consistency in applying this policy;
e) ensure that it provides the Payroll Manager with records for each employee showing the duration of, and reasons for all spells of sickness absence;
f) consider all available options being mindful of the need to act reasonably, and sympathetically in all circumstances and where procedures are abused refer to Personnel and Training Services for advice on appropriate action;
g) monitor this policy and sickness trends in conjunction with the recognised Trade Unions.
SECTION 1: RETURN TO WORK DISCUSSION
4. Where an employee returns to work after any period of absence of one day or more, the Headteacher should arrange a short "Return to Work Discussion" with them regarding their absence as soon as possible. It is not intended that this discussion is conducted on a formal or intrusive basis, nor should it be approached by either party as a "problem" event but rather out of genuine concern for an employee's welfare due to their absence. It should be held on a "one to one" basis and in privacy.
5. The intention of the discussion is to enable both the Headteacher and the employee to achieve an increased awareness of the importance of managing sickness absences and its impact on the school. The aim is to assist the employee, to ensure proper management of absences and to offer appropriate support. The content should be appropriate to the circumstances and may include as a guide:-
a) establishing the nature of the sickness (which will remain confidential);
b) agreeing that the employee is now fit to resume their duties;
c) signing the Sickness Declaration Form and if absence exceeds 7 days collecting a GP's certificate as appropriate;
d) enquiring if there is any further support the Headteacher may be able to provide to assist the employee to avoid further absences. This may include a temporary adjustment to duties on the understanding that advice from the Occupational Health Service would be necessary if there was a long term medical problem. If any adjustments impact on colleagues, they should be advised of the reason so as to secure their co-operation and support. Where non-medical problems were the cause of the absence or the problem was the sickness of a dependent, advice on appropriate support should be sought from Personnel & Training Services;
e) advising the employee, where appropriate, that a continuing level of absence may need to be reviewed at a Review Interview (see paragraph 7);
f) advising the employee of anything missed in their absence which may be relevant to them.
If a note of the discussion is necessary a copy will be agreed by and supplied to the employee and kept by the School.
6. Should a Head teacher have concerns about an employee's fitness to return to their full duties, the Head teacher should explain their reservations to the employee, explore the options for temporarily revising their duties and if still concerned either ask the employee to obtain a fitness certificate from their GP or refer the matter to the Council's Occupational Health Service for further advice (see Appendix 1 paragraph 11 "Sent Home on Medical Grounds")
If an employee wishes to return to work using crutches the Headteacher should undertake a risk assessment and in the light of that consider whether adjustments should be made in the interests of health and safety. Sensitivity should be exercised to ensure that an employee is not unreasonably prevented from returning to work or discriminated against. Every attempt should be made to find a mutually acceptable solution. Advice can, if necessary, be sought from Health and Safety or the Occupational Health Service.
SECTION 2: ABSENCE REVIEW PROCEDURE
7. This is the procedure for reviewing all sickness absence (including absences due to industrial injury) and it should, if necessary, be followed to the conclusion. However where the Council's Occupational Health Physician has recommended Dismissal on the Grounds of Medical Incapability or Early Retirement on the Grounds of Permanent Ill Health, the procedure in paragraphs 25 to 27 should apply. In operating this procedure and achieving its aims there will inevitably be those employees who genuinely suffer from frequent periods of short term sickness and from substantial single periods of absence due to more serious sickness. The procedure seeks to ensure fair and consistent treatment of individuals and takes account of the operational needs of School and personal circumstances.
8. It is for the Headteacher to determine when it is appropriate to follow this procedure for an employee who is either on sick leave or has a record of sickness absences. As a general guide where the following sickness arises it would be appropriate for the Headteacher to review the matter with the employee:
a) Three spells of absence over a rolling period of six months (whether self or GP certified) amounting in total over the period to 5 working days or more;
b) a total of 20 working days or more absence in any twelve month rolling period;
c) unacceptable patterns of absence, e.g. regular Friday or Monday, or any day immediately before/following a school closure period;
d) a consistent pattern of absence over a rolling period of twelve months or more which is significant for the School but falls short of the parameters of a) and/or b).
9. The Headteacher should in most cases arrange a "Review Interview" unless there are special circumstances (e.g. absence record distorted by a one-off event such as a spell in hospital) which the Headteacher should note in the employee's file. This is a matter for the Headteacher's discretion. The employee may be accompanied at the interview by a companion (See Appendix 8) who may make representations on their behalf. (If the employee is a trade union representative, the Headteacher should advise the Trade Union's full-time official that an interview is to be arranged). The employee should be given at least five working days notice of the date and time, be advised of the purpose of the interview and provided with a copy of this procedure. There should be as short a time lapse as possible between notification of the interview and the date of the interview to minimise any stress or worry on the part of the employee. Where the employee is currently off sick and unwilling to attend or goes off sick before the interview, the Headteacher should advise them in writing that the interview will be re-arranged for when they are fit to attend. Should this involve a considerable delay, then the advice of the Occupational Health Service will be sought on whether the employee is fit enough to attend the interview or not. If the employee is deemed to be fit enough to attend but still refuses to do so the interview will be held in their absence or they will be invited to send a companion.
10. The matters for discussion at the Review Interview will include informing the employee of the level of sickness absence and advising the employee of the effect of the absences upon the service. The discussion should be appropriate to the circumstances and might, for example, also include one or more of the following: -
a) exploring whether there may be some underlying reason causing the high level of absence;
b) consider what support, if any, the Headteacher is able to give to assist the employee to improve their attendance;
c) exploring what the employee may be able to do to improve the situation, e.g. advice from their GP, referral to a specialist, getting an eye test, reviewing their work/life balance, etc;
d) offering any other available support including how to access the Council's Counselling Service; Chaplain and Personnel Officers/Headteachers;
e) advising the employee that, whilst they should not attend work if unfit to do so, the continuing high level of absence from work cannot continue indefinitely;
f) giving the employee an opportunity to comment on the position and for those comments to be considered;
g) issuing a Written Caution to the employee that unless their level of absence is reduced to a reasonable level within a defined period, further action may result. The Headteachers needs to set a level of attendance which is reasonable given the type of employment e.g. the average for their work group or average for their school or the average for the Council as a whole. The defined period should normally be up to 6 months depending on the employee's absence record, the nature and pattern of their absences and any other relevant factors. If at any stage the employee exceeds the target set, or at the end of that period, the headteacher should hold a further Review Interview to assess the attendance record and determine whether
o the attendance has sufficiently improved to treat the caution as expired
o or extend the caution for a further defined period where there has been an improvement but it is insufficient or there are concerns based on previous attendance that it may not be maintained. The extension cannot be for any longer in total than the length covered by the original Written Caution
o or consider the issue of a Final Caution where there has been little or no improvement or absence remains at an unacceptably high level (see para 11).
h) Where the employee is on long term sickness and occupational health advice is unclear on when the employee is likely to be fit enough to return to work, the issue of a Written Caution should be considered so the employee is aware that their continued absence may affect their future employment position. The caution would be reviewed when occupational health advice became more definite on the likelihood of a return in the foreseeable future. If the advice is still unclear a Final Caution should be considered. If the advice was that a return in the foreseeable future was unlikely, dismissal on grounds of medical incapability should be considered (or ill health retirement if incapability was permanent).
i) Consider whether referral to the Councils Occupational Health Service (see paragraph 18) would assist the Headteacher's and employee's understanding of the employee's health problems and obtaining the Services opinion on the likelihood of the employee achieving an acceptable level of attendance for the future. Referral may particularly assist in cases where:-
I. the pattern of absences is for a range of minor and apparently unrelated conditions;
II. the employee appears to be suffering from a long term ailment which shows no sign of improving.
Medical referral is a matter for the Headteacher's discretion in consultation with Personnel & Training Services and should only arise where there is a clear need for medical advice. Self referral is not permitted unless the Occupational Health Service has already met with the employee and invited them to make contact direct.
j) requiring certification by a G.P. from the first day of absence for a defined period (with reimbursement of cost incurred in obtaining such certificates).
k) in the event of a "Written Caution" being issued or first day certification required, this will normally be by a the Headteacher and it will be confirmed in writing. The employee will be advised of the right of appeal within 10 working days from the date of the letter. An appeal would be to a panel of governors and at the appeal the employee may be accompanied by a companion (See Appendix 8). It is worth stressing that an apparent inability to attend work due to frequent sickness absence is not normally a disciplinary matter in respect of which an employee may be considered blameworthy but does nonetheless warrant appropriate consideration on behalf of the employer.
11. In the event of a Written Caution being issued and there being little or no improvement in the employee's attendance record a further review interview will take place between the Headteacher and the employee, who may be accompanied by a Companion (if your employee is a trade union representative, the Headteacher should advise the Trade Union's full-time officer, in advance of the interview). At least five working days written notice of the interview should be given. Either party may also request the attendance of a representative of the Head of Personnel and Training Services. The content of the interview should be consistent with the provisions set out in paragraph 10. The employee might be issued with a Final Caution that, unless their absence levels over a defined period were reduced to a reasonable level (see 10 (g) above) then appropriate action may be taken to terminate their employment on grounds of incapability to perform duties required due to the level of absence from work. The defined period should normally be up to 12 months depending on the employee's absence record, the nature and pattern of their absences and any other relevant factors. If at any stage the employee exceeds the target set, or at the end of that period, the manager should hold a further Review Interview to assess the attendance record and determine whether:
o the attendance has sufficiently improved to treat the caution as expired
o Or, extend the caution for a further defined period where there has been an improvement but it is insufficient or there are concerns based on previous attendance that it might not be maintained. The extension cannot be for any longer in total that the length covered by the original Final Written Caution
o Or, consider termination of employment where there has been little or no improvement or absence remains at an unacceptably high level (see para 12).
12. If an employee's attendance record fails to improve to the level specified in paragraph 11 above following a Final Written Caution, a hearing will be convened to consider termination of the employees employment. The hearing panel may comprise the Headteacher with a governor providing support or a panel of three governors as appropriate. Taking into account the principles of natural justice and previous decisions of the governors in relation to dismissal decisions. The Head of Personnel and Training Services (or their representative) may be present to offer advice. The employee may be accompanied by a companion (see Appendix 7) (if the employee is a trade union representative, the Headteacher should advise the Trade Union's full-time officer in advance of the interview). Both sides may call witnesses.
13. Before termination of employment is considered, a medical report from the Occupational Health Service should normally be sought unless a current report is already available. The purpose of the report would be to establish whether the employee is suffering from any long term medical problem which may indicate a need to terminate on grounds of Medical Incapability or to recommend retirement on the grounds of Permanent Ill Health. The employee and their companion will be given a copy of this report before the final hearing. The request for a medical report in these circumstances does not bring into operation Section 3 of this policy.
14. In the event of termination, contractual notice will be issued and there would be a right of appeal to an appeals panel of Governors. Employees do not have an entitlement to exhaust their sick pay allowance. The appeal must be registered in writing with the Headteacher within ten working days of the formal notification of the dismissal decision to the individual. The appeals hearing procedure to be followed by the Appeals Panel is as set out in Appendix 3. The Appeals Panel has authority to take a final decision on an appeal on behalf of the School.
15. Where an employee makes a positive application for ill health retirement, this will be processed as part of the outcome of a review interview but the Absence Review Procedure will not be suspended.
16. Absence resulting from an industrial accident, disease, illness or assault arising out of or in the course of their duties is covered by this review but will be given appropriate consideration by the School. (For definition see Appendix 1 paragraph 7).
17. For support staff, where an employee's contract is terminated on grounds of medical incapability or permanent ill health appropriate adjustments will be made in relation to payments in respect of annual leave.
SECTION 3: REFERRAL TO OCCUPATIONAL HEALTH SERVICE
18. In the circumstances listed below the Headteacher, may at their discretion and after consultation with the Head of Personnel and Training Services (or their representative) refer the employee concerned to the Council's Occupational Health Service:
a) Where an employee has currently been off sick due to illness or injury for a reasonable period of time (generally 20 days or more) and a date of return has not yet been indicated. In some circumstances (e.g. routine surgery where the likely period of absence can be established) this may not be considered necessary and the period of absence may be subject to periodic review. Headteachers will need to exercise sensitivity and assess each case individually. It would be appropriate from a welfare standpoint for a Headteacher to make contact with any employee who has been on sickness absence to make an assessment of the likely date of a return to work. This should be done with due sensitivity at an appropriate time and certainly after 4 weeks absence;
b) As an outcome of a Review Interview (see paragraph 10h);
c) If the employee has suffered an illness or injury or is diagnosed as having a condition which may permanently affect their ability to perform the duties of the post;
d) If an employee or his/her medical practitioner requests consideration of change of duties on medical grounds, or asks their Headteacher for referral or asks to be considered for Permanent Ill Health Retirement;
e) If an employee gives notice of resignation on health grounds;
f) Some other substantial medical reason;
g) Exceptionally the Council's Employee Counsellor may make a referral independently of the Headteacher but with the employee's consent. The subsequent report will be made available to the appropriate Personnel Officer to determine further action, if any, in consultation with the employee.
19. The employee should be advised by their Headteacher that they wish to make the referral and the reason. Care should be taken to ensure that the employee does not feel threatened by the referral. However, the employee should be tactfully advised of the need to review the situation and the various possibilities which may arise as a result.
20. If the employee refuses to be referred, a decision may be taken by the Headteacher in accordance with these procedures on the known facts. In the event of a refusal by the employee Personnel & Training Services advice should be sought.
21. Referral will proceed by a referral form being sent by the Headteacher (via Personnel and Training Services) to the Occupational Health Service who will then make contact with the employee. At that stage the Occupational Health Service may seek the employee's consent to contact their GP or a Specialist if it is considered necessary. On receipt of the Occupational Health Service's report the employee will be invited to attend a further meeting to discuss its contents and will normally be given a copy at that meeting.
22. The meeting will take the form of a "Review Interview" and the procedure in Section 2 Paragraph 9 onwards will apply.
23. If it is in the Schools interest and may result in an early return to work, the Headteacher in consultation with the Governors of the School, the Head of Personnel and Training Services and the Chief Education Officer may authorise referral for private diagnostic assessment and/or private treatment with the School meeting the cost in full or in part
24. This would only be considered where the employee was not already covered by private health insurance. Should the employee have discontinued with private insurance within the preceding 12 months this may be taken into account. It would need to be funded by the Schools budget. The employee may be required to re-pay the Schools costs of any private diagnostic assessment and/or private treatment should they voluntarily leave the schools service within two years of the date of the assessment or treatment funded by the School.
SECTION 4: MEDICAL INCAPABILITY AND PERMANENT ILL HEALTH RETIREMENT
25. Where the Council's Occupational Health Physician advises that an employee is medically incapable of performing their contracted duties, the following should be considered at the Review, as appropriate:-
a) The medical advice and whether it is accepted by the employee;
b) The scope for making reasonable adjustments to enable the employee to continue in their post where the incapacity meets the definition of a disability under the Disability Discrimination Act;
c) The possibility of being re-deployed into an alternative vacant post, for teachers the possibility of taking a post of lesser responsibility
d) The pension implications of retirement on grounds of permanent ill health should the employee qualify (including the Injury Allowance Scheme for Local Government Pension Scheme employees if retirement is a consequence of an industrial injury - see Appendix 5 for details)); For support staff, if the Council's Occupational Health Physician considers that the employee's condition warrants consideration of retirement on the grounds of Permanent Ill Health, or the employee requests it, the School will need to refer the employee to an Independent Occupational Health Physician for a recommendation. Only on their recommendation, as to whether the employee meets the criteria in the Local Government Pension Scheme could retirement be considered by the Council; (See section X for teachers pensions)
e) The implications of termination of employment on grounds of medical incapability where the employee does not meet the criteria for d;
f) Sick pay, sickness certification and arrangements for attendance at work pending the completion of procedures;
g) Questions the employee may have;
26. Separate Arrangements apply for the release of ill health benefits for teachers and support staff.
Support Staff
a) Where it is recommended by the Independent Occupational Health Physician and the employee accepts permanent ill health retirement, the necessary internal approvals will be sought. Following consultation with the Headteacher, notice will be issued and documentation sent to the Payroll Section. During the notice period normal full pay (less benefits) will apply unless the employee agrees to immediate termination, in which case, by agreement, a payment in compensation for lack of notice will be made. (This payment will be calculated based on the salary rate applicable on the date of termination). Employees retiring on grounds of permanent ill health do not have an entitlement to exhaust their sick pay allowance. It is also School and Councils policy not to re-employ at a later date a former employee in receipt of pension benefits in normal circumstances;
b) Where an employee's contract is terminated on the grounds of medical incapability or permanent ill health appropriate adjustments will be made in relation to payments in respect of annual leave.
Teachers
a) Where the Councils Occupational Health Physician recommends that a teacher is medically incapable of returning to work the teacher may apply to the Teachers Pensions (T.P's) for a release of pension benefits based on Ill Health Retirement. Award of benefits is at the discretion of T.P's who will seek to establish via the medical evidence presented to them whether the teacher is permanently unfit to teach. Medical evidence may be provided by the teacher's GP/Consultant, the Council's Occupational Health Services or a Doctor appointed by T.P's.
b) Advice from the DfES suggests that because a teacher awarded ill health retirement benefits has been deemed unfit to teach that teacher's employment must be terminated by the employer as soon as it is reasonable practicable. Entitlement to pension benefits is immediate after T.P's decision is received. The Statutory Regulations override any contractual obligation to give notice under the Burgundy Book. Employees retiring on grounds of ill health do not have an entitlement to exhaust sick pay.
c) It may still be necessary for Governing Bodies to consider employment issues relating to medical incapability of teaching employees.
d) If a teacher in receipt of ill health retirement benefits awarded after April 1998 seeks to return to a teaching post this may affect their right to continue to receive pension benefits. Advice should be sought from T.P.'s before taking up employment.
e) Where the teacher does not agree to termination on grounds of medical incapability, they should be advised of their appeal rights, including (where the medical advice is not accepted by the employee) the right to have their case referred to a second Independent Occupational Health Physician. See Appendix 4. Contractual notice should then be served and the termination letter must set out appeal rights which need to be exercised within 10 working days of receipt of the dismissal letter. Teachers do not have an entitlement to exhaust their sick pay allowance;
f) The employee needs to be aware that if the Occupational Health Physician considers they are unfit to perform their duties and the Headteacher/Governing Body having sought advice from the Borough of Poole, considers there is an unreasonably high risk to the employee's physical health or the health of others by allowing them to continue, the Headteacher/Governing Body, may have no alternative in exercising its duty of care but to terminate the employee's employment if no suitable alternative post is available.
27. It must be emphasised that the role of the Council's Occupational Health Service is to provide professional medical advice to the Headteacher/Governing Body. Responsibility for deciding what action to take on the advice received rests with the Headteacher/Governing Body. Thus, where the advice is to terminate the employee on medical incapability grounds it is for Headteacher/Governing Body to decide whether or not to terminate the employee's employment.
28. It is important to note the difference between retirement on grounds of permanent ill health and dismissal on grounds of medical incapability. Where the employee is dismissed on grounds of permanent ill health immediate occupational pension benefits will apply subject to the scheme's criteria being satisfied. However, where an employee is dismissed on the grounds of medical incapability there will be no entitlement to immediate pension benefits. In this case the ill health is not permanent (i.e. on the balance of probabilities their condition is likely to improve sufficiently before they reach the age of 65 for them to become capable of carrying out their current duties or comparable duties). The employee may however at a later date request the release of their deferred pension benefits if they continue to be medically incapable. In either case, the judgement being made relates to the employee's ability to undertake the full range of duties attached to their present post and not their employability generally.
SECTION 5: APPEALS PANEL PROCEDURE
29. Employees whose employment is terminated on grounds of medical incapability or support staff whose employment is terminated on the grounds of permanent ill health have the right to appeal against the decision. Notice of the intention to appeal must be lodged in writing with the Chair of Governors within ten working days of the employee being notified in writing of the decision to terminate. The appeal will be heard by an Appeals Panel of Governors. Every effort will be made to arrange an appeal hearing within 15 working days of the appeal being registered or at the latest within the employee's notice period. Where any delay beyond this period is due to the school, consideration will be given to extending the notice period until the appeal hearing. Where delay is caused by the non-availability of the employee or their companion, the Chair of Governors in consultation with the Head of Personnel and Training Services will determine whether the circumstances justify extending the notice period. The procedure to be followed at the appeal hearing is set out in Appendix 3 to this procedure.
Teachers who have made an application for ill health retirement to Teachers' Pensions and have had their application turned down will need to take this matter up with Teachers' Pensions Agency.
SECTION 6: REDEPLOYMENT
30. Where an employee is assessed by the Occupational Health Physician as medically incapable of performing their contracted duties the following considerations should apply, as appropriate: -
a) The employee should be asked if they wish to be considered for alternative employment. It is for the employee to decide whether or not they wish to be considered for redeployment. If they do they will be asked to meet with the Headteacher/Personnel Officer to identify the type of work they are seeking, taking account of any restrictions recommended by the Occupational Health Service. Arrangements will be made for them to be sent regularly the Council's job vacancies bulletin. It is for them to actively seek redeployment in conjunction with the Personnel Officer, not to rely on the Headteacher/ Personnel Officer to seek opportunities for them. There is no necessity to seek or create a job for the employee where none is available. Where the employee identifies a potentially suitable alternative post within their current school or within one of the councils service units, the employee will, provided they meet the basic job requirements, be interviewed by the service unit having the vacancy and a decision taken before any other applicants are considered but if it is a promotion post they must apply in competition with other applicants. The opinion of the Occupational Health Service will be sought on whether the post is suitable, given the employee's state of health. The decision on the application will be based on whether in the assessment of the Headteacher concerned, the employee is capable of carrying out the duties of the post with, if required, appropriate training within a reasonable period of time. Should the alternative post be on the establishment of another school, the Headteacher can seek the other School's co-operation but decisions on appointments rest with the Governing Body of each school.
b) The offer of the alternative post may be subject to a trial period of one month (two months if training is required). If the trial period is satisfactorily completed the employee will be confirmed in the post. If not the employee will be placed on medical suspension pending a decision on whether to issue notice of dismissal or to allow a further period to seek other redeployment.
c) For support staff who are successful in obtaining an alternative post which is at a lower grade than their current post may be considered for salary protection. If agreed they will be protected at up to one grade higher than the grade applicable to their substantive (i.e. new) post. After one year their salary will be frozen until the maximum of the grade of their substantive post equals their frozen salary as a result of pay awards.
d) The School will attempt to allow a reasonable period for an employee to obtain an alternative post before notice of termination is issued. This will generally not exceed a period of three months depending on length of service and operational demands on the School as a consequence of the employee's absence and notice requirements for support staff. This period would be in addition to their contractual notice period.
SECTION 7: PROCEDURES FOR FACILITATING A PHASED RETURN TO WORK FOLLOWING A SERIOUS ILLNESS OR INJURY OR MAKING A PERMANENT ADJUSTMENT ON ACCOUNT OF A DISABILITY
31. There may be instances where an employee's GP and the Council's Occupational Health Service have indicated that a phased return to work normally over a period of up to two months would facilitate an employee's return to full normal duties. Such a return, by mutual agreement may take a variety of forms, including: -
a) working only on certain days of the week;
b) working a reduced number of hours; and
c) undertaking restricted duties for a period of time though exceptionally where the employee has acquired a disability the adjustment may be permanent, subject to a period of review.
32. The School wishes to facilitate and encourage good practice in appropriate circumstances which may provide the following advantages:
a) assisting the recovery of an employee;
b) minimising the strain on an employee following a serious illness;
c) providing rehabilitation; and
d) maintaining the Schools standing as a caring employer which supports its employees following a serious illness.
33. When an employee has been absent from work due to a serious illness certified by a medical practitioner, and following advice from the employee's GP that a phased return to work is desirable, the following arrangements may apply: -
a) The proposed phased return should be subject to consideration by the Council's Occupational Health Service. Advice may be sought from the Head of Personnel and Training Services. The Governing Body, Headteacher, and the employee should seek agreement in principle that the proposed arrangements are feasible and acceptable;
b) The employee needs to confirm their GP's support;
c) Any duties that an employee is unable to undertake should be clearly identified;
d) The individual arrangements agreed should be subject to general monitoring by the Headteacher and if difficulties arise, these should be identified and advice may be sought from the Head of Personnel and Training Services and discussed with the employee to enable consideration of any revisions that may be necessary. After two to three weeks, further advice will normally be sought from the Council's Occupational Health Service if by then it is not proving possible for the employee to return to full normal duties;
e) Advising on how sickness benefit and salary will be calculated during a phased return to work by an employee will be the responsibility of the Headteacher in conjunction with the Head of Personnel and Training Services and the Head of Financial Services. Where entitlement to statutory sick pay or other state benefits is lost and this leads to a reduced income level, the Headteacher will normally authorise a compensatory payment in lieu of the lost state sickness benefit entitlement;
f) Where an employee returns to work on reduced hours, they should receive their normal pay for the hours they actually work. The balance of their contractual hours should be treated as sickness, attracting the appropriate rate of sick pay as per their entitlement (a medical certificate will not normally be expected);
g) The occupational pension position should usually be unaffected by a phased return to work;
h) The principles set out in (f) and (g) above will apply to part-time employees on a pro-rata basis;
i) In appropriate circumstances with the agreement of the Headteacher the employee may work in a supernumerary capacity;
j) Following agreement on a phased return to work the Headteacher will notify the Head of Financial Services for payroll purposes.
34. Where an employee has acquired a disability it may be appropriate to consider whether it would be reasonable to agree a permanent adjustment to their duties and/or working arrangements as provided under the Disability Discrimination Act. The advice of the Council's Occupational Health Service would be sought and any adjustment would be subject to the agreement of the employee and their Headteacher. The arrangements would be reviewed after an agreed period. Any change in contractual terms as a result of reduced hours or a change of post would be discussed with the employee and if agreed would be effective from the date of the adjustment.
SECTION 8: ILL HEALTH RETIREMENT AT THE REQUEST OF THE EMPLOYEE
35. Employees who are in poor health and wish to be considered for ill health retirement should advise their Headteacher.
36. The Headteacher will arrange for the employee concerned to have an interview with an officer from Personnel and Training Services concerning procedures and possible retirement benefits. The employee may be accompanied by a companion at the interview.
37. If the employee wishes to proceed, a medical referral form will then be completed by the Headteacher and forwarded to the Council's Occupational Health Services who will arrange to contact the employee. At this stage the employee's GP will not be contacted but should this be considered necessary the Occupational Health Services will obtain the employee's consent. For support staff, the Occupational Health Services will advise whether the employee should be referred to the Council's Independent Occupational Health Physician for a recommendation.
38. Separate Arrangements apply for the release of ill health benefits for teachers and support staff.
Support Staff
If ill health retirement is recommended, the Independent Occupational Health Physician will issue a certificate of retirement on the grounds of permanent ill-health and the necessary internal approvals will be sought. The employee will then be interviewed by their Headteacher and an officer from Personnel and Training Services. They may be accompanied at this meeting by a companion. Following consultation with the Headteacher, notice will be issued in accordance with contractual entitlement. During the notice period normal full pay (less sickness benefits) will apply unless the employee agrees to immediate termination in which case by agreement a payment in compensation will be made. This payment will be calculated based on the salary rate applicable on the date of termination. Employees retiring on grounds of permanent ill health do not have an entitlement to exhaust their sick pay allowance. Future employment decisions in schools are the responsibility of the Headteacher/Governing Body, however, it is also Council policy not normally to re-employ at a later date.
Teachers
Where the Councils Occupational Health Physician recommends that a teacher is medically incapable of returning to work the teacher may apply to the Teachers Pensions (T.P's) for a release of pension benefits based on Ill Health Retirement. Award of benefits is at the discretion of T.P's who will seek to establish via the medical evidence presented to them whether the teacher is permanently unfit to teach. Medical evidence may be provided by the teacher's GP/Consultant, the Council's Occupational Health Service or a Doctor appointed by T.P's.
Advice from the DfES suggests that because a teacher awarded ill health retirement benefits has been deemed unfit to teach that teacher's employment must cease as soon as it is reasonably practicable. Entitlement to pension benefits is immediate after T.P's decision is received. The Statutory Regulations override any contractual obligation to give notice under the Burgundy Book. Employees retiring on grounds of ill health do not have an entitlement to exhaust sick pay.
Teachers who have made an application for ill health retirement to Teachers' Pensions and have had their application turned down will need to take this matter up with Teachers' Pensions Agency.
APPENDICES
1. Notification arrangements, sick allowance conditions, miscellaneous provisions including sent home on medical grounds
2. Sick Pay Allowances Support Staff
3. Sick Pay Allowances Teacher
4. Appeal Panel Hearing Procedure
5. Referral to a Second Independent Occupational Health Physician
6. Injury Allowance Scheme
7. Medical Referral Form
8. Right to be Accompanied by a Companion
APPENDIX 1
NOTIFICATION ARRANGEMENTS, SICK ALLOWANCE CONDITIONS AND MISCELLANEOUS PROVISIONS INCLUDING SENT HOME ON MEDICAL GROUNDS
1. The following guidance should be read in conjunction with the National Conditions of Service for Local Government Services Employees for support staff and the Conditions of Service for School Teachers' in England and Wales August 2000 (The Burgundy Book).
2. The sickness reporting procedure (for a permanent, temporary or casual employees) to enable the employee to obtain sickness payment allowances is as below. Failure to follow this procedure may result in withholding sick pay allowance and may result in disciplinary action. Notification arrangements need to be interpreted reasonably.
a) Unless exceptional circumstances apply the employee should inform their Headteacher by telephone within 30 minutes of their normal starting time if they are absent. This should include the nature of the sickness, an estimate of the likely duration and whether they intend to consult their GP.
b) For ANY period of absence which is due to sickness or injury a Sickness Declaration Form must be completed by the employee on their return to work. For absences greater than 7 days (including Saturday and Sunday) employees must also send to their Headteacher a certificate from their GP. A certificate signed by a specialist other than a GP or Hospital Doctor will only be accepted for a period of 7 days, after which the employee must see their GP.
For If an employee's spell of sickness begins during term time but continues into a period of school closure, these rules continue to apply. It is necessary to continue to provide medical certificates during periods of school closure.
c) If an employee is absent on sick leave it is unacceptable that they should at the same time be working for another employer. Where following an investigation such a breach is established the employee will face disciplinary action.
d) Headteachers will endeavour to maintain contact with employees on sick leave, especially where the absence is long term. A home visit may be appropriate where mutually agreed.
f) If an employee intends to return to work before expiry of a doctor's medical certificate then a medical certificate indicating fitness to resume duties will be required.
g) When an employee returns to work there should be a "Return to Work Discussion" - see Section 1 paragraph 4. It is important that these discussions do take place.
h) If the nature of the cause of absence might call into question an employee's fitness to undertake the full range of their duties, then the employee should ensure that their GP has indicated that they are fit to perform those duties safely and fully. Without such confirmation the employee may be sent home (see paragraph 11 of this Appendix).
i) It is the responsibility of employees to ensure that the description of the nature of the illness stated on the self-certificate form is accurate. The School will treat all absences on merit regardless of whether it is physical or mental ill health. Past mental illness will not prevent employees having access to training, promotion or other career opportunities.
In the case of teaching employee, the Governors and the Borough of Poole also have a responsibility as determined by the DfES to ensure the Medical Fitness to teach of teaching employees. This means that the employers have an additional duty to seek medical advice if a teacher has been absent for 3 months or more for reasons related to emotional or mental illness.
j) Where an employee becomes ill at work and has worked some or all of the first half of their normal working day (or shift), only the second half of the day will be treated as sickness. For the first half of the day (or shift) the employee will be credited with working a standard half day. Where the employee has worked some of the second half, the balance of that day will not normally be treated as sickness unless there are extenuating circumstances (e.g. a regular pattern). The employee will be credited with working a full standard day (or shift).
k) Time off for medical appointments/treatment in a hospital or an emergency appointment associated with sickness or incapacity to work will be treated as sickness where the absence involves half a day or more and may qualify for sick pay. Where less than half a day is involved the time will be credited. Headteachers should be notified in advance for such appointments. Necessary paid time off will be granted for the purpose of cancer screening
l) Attendance at pregnancy-related appointments will not be treated as sickness.
m) Routine medical, dental and ophthalmic appointments (including treatment) outside a hospital should where possible be arranged to take place outside normal working hours. It is recognised that sometimes the appointments may need to be within working hours and where there are particular difficulties the Headteacher will attempt to accommodate reasonable requests subject to service considerations. The Headteacher will give consideration to whether these absences will be paid/unpaid. Where the employee is referred for treatment by their GP and the treatment lasts for half a day or more the absence will be treated as sickness and may qualify for sick pay.
n) Subject to consultation with the Headteacher, paid time may be granted for appointments with the Council's Employee Counsellor but not with private counsellors, unless referred by the Employee Counsellor and sessions occur during the employee's normal working hours. The Employee Counsellor will, where reasonable, attempt to offer a time for an appointment which suits individual wishes and service needs provided this falls within normal working hours. Employees must advise their Headteacher in advance of such appointments if these fall within working time but, other than the time, no other information will be sought by the Headteacher.
o) Where an employee has self-certified or is certified by their GP as unfit for work their absence will be recorded as sickness. Where the employee has a pre-arranged holiday which falls within the sickness period and their GP confirms that they are fit to travel but not fit to work he/she must inform his/her Headteacher in advance and discuss the implications. The School will treat the holiday as continued sick leave.
p) In respect of elective surgery employees will only qualify for sick pay if they provide evidence from their GP that they meet the criteria for having such treatment on the NHS (though treatment may be provided privately) i.e. that it is necessary for physical or psychological reasons. The employee will be required to provide doctors certificates for the whole period of absence. In all other cases of elective surgery the employee will be required to take leave or unpaid leave if this is agreed.
q) Separate time off provisions exist for employees undergoing IVF and other fertility treatments. See Leave Policy.
3. Subject to the provisions of the sickness scheme, an employee absent from duty due to illness (this term is deemed to include injury) shall be entitled to receive (in any period of one year) sick pay in accordance with the allowances set out in Appendix 2 for support staff and Appendix 3 for teachers, though there is not an entitlement to exhaust the allowances.
4. The school will not normally extend sick pay allowances but would not wish financial pressures to result in the employee returning to work before being fit to do so. Other options may be:-
a) Returning to work on a phased basis - see Section 7.
b) Returning temporarily to other duties where this is agreed by the Occupational Health Service as suitable given the nature of the employee's health problem.
c) A claim under the Council's Personal Accident Policy - see Appendix 1 paragraph 7.
5. Where towards the end of the leave year an employee is currently sick and has exhausted their entitlement to full or half pay but still has annual leave outstanding, approval may be given to record some of the sick days as annual leave by utilising unused annual leave. Only whole days can be converted in this way (pro rata if part time). The employee's absence would still be treated as sickness and sickness certificates would still be required. Once they have used up the leave outstanding for that year, their pay would return to normal sickness allowance. Employees will be advised of this option by Payroll at the time they are notified of the reduction to half pay. Those wishing to pursue this option will be advised to confirm in writing to their Headteacher how much of their leave is to be used in this way. The Headteacher will forward this letter to payroll so that pay can be adjusted. If the request is received at the point where notice of dismissal on grounds of permanent ill health or medical incapability is about to be issued, the request will not be agreed as leave will be deemed to be included within notice pay (see Section 4 paragraph 26.b).
6. Sick pay shall include (where appropriate) Statutory Sick Pay and shall not exceed full normal pay. Normal pay includes all earnings that would be paid during a period of normal working, but excluding any payments not made on a regular basis. Other detailed provisions relating to entitlements are contained within the appropriate National Conditions of Service.
7. Where absence is due to an industrial disease, accident or an assault arising out of or in the course of employment with the school, sickness certificates will be required. The absence will still be reviewed under the Absence Review Procedure, though consideration may differ. Any accident or assault must be notified by the employee on a Form HS4 endorsed by the headteacher and received by Personnel and Training Services within 4 days of the incident. In cases of dispute as to cause of the absence, the opinion of the Occupational Heath Service may be sought. Absence will be treated as sickness for payment purposes and attract payment in accordance with the sickness allowance schedules in Appendix 2 and 3. However, any allowance already paid in respect of "normal" sickness will be ignored when calculating entitlement to the payment i.e. the one will not be set off against the other. In cases where the employee makes a successful claim under the school's personal accident policy the insurers may make a payment equivalent to half pay once the employee reduces to half pay. The school may agree at it's discretion to utilise this payment to maintain the employee at full pay until their entitlement to half pay is exhausted or they return to work or their employment is terminated, whichever occurs first. Sick pay allowance will not normally be extended unless there are particular circumstances. Factors may include the circumstances of the injury, whether it is accepted as an industrial injury or not, what costs may be recoverable and the likelihood of the employee returning to work in the foreseeable future.
8. If the absence of an employee is occasioned by the actionable negligence of a third party in respect of which damages are recoverable, the employee shall advise the School forthwith and it shall be open to the School to require the employee to refund a sum equal to the aggregate of sick pay paid to them during the period of absence or such part thereof as is deemed appropriate, but not exceeding the amount of the damages recovered. In the event of the claim for damages being settled on a proportionate basis, the Council will require full details and will determine the actual proportion of sick pay to be refunded.
9. The School will consider terminating sick pay allowances if it is proven that the absence was caused by deliberate self harm or the employee has not acted in a manner which supported recovery or the employee has failed to adhere to the conditions of the sick pay scheme. In any such case the employee will be interviewed by their Headteacher with, if appropriate, a representative from Personnel & Training Services and they will also be accompanied if they wish by a companion. The employee will be informed of the grounds upon which the payment of sick pay has been suspended and afforded an opportunity of submitting their observations. There will be a right of appeal in these circumstances to a panel of Governors, who may be accompanied by the Head of Personnel and Training Services (or their representative). The employee may be accompanied at the appeal by a companion. Only if they decide that the illness was due to the conduct of the employee, or that they have failed without reasonable cause to observe the conditions of the scheme, or has been guilty of conduct prejudicial to their recovery, will the employee forfeit the right to any payment (or further payment) of sick pay in respect of that period of absence.
10. Sick pay shall not be paid in a case of accident due to active participation in sport as a profession where the team or club provides an insurance facility for players, unless the Headteacher in consultation with the Head of Personnel & Training Services decide otherwise, though Statutory Sick Pay may be payable.
SENT HOME ON MEDICAL GROUNDS
11. Where an employee attends work but is considered (either by their own admission or otherwise) to have contracted an infectious or contagious illness or is clearly unwell, the Headteacher may following consultation with the Head of Personnel and Training Services require the employee to arrange an urgent appointment with his/her General Practitioner to seek assurance that his/her attendance at work does not present a health risk. In the interim the employee may be suspended on full pay and this period of suspension will not count against sick pay entitlements. Headteachers should exercise particular sensitivity in this area having regard to Council policy on AIDS and HIV and other similar issues. If doubt remains then the Council's Occupational Health Service will be contacted so that appropriate investigative steps may be taken while the employee remains on medical suspension. Suspension must be reviewed by the Governors.
APPENDIX 2
SICK PAY ALLOWANCES FOR SUPPORT STAFF
The following maximum sickness allowances apply to employees within the scope of the National Joint Council for Local Government Services.
During the first year of service:
o Full pay for one month and, after completing four months' service, half pay for two months.
During the second year of service:
o Full pay for two months and half pay for two months.
During the third year of service:
o Full pay for four months and half pay for four months.
During the fourth and fifth years of service:
o Full pay for five months and half pay for five months.
After five years of service:
o Full pay for six months and half pay for six months.
The rate of allowance and the period for which it shall be paid for any absence due to illness shall be determined by deducting from the entitlement on the first day of absence, the aggregate of the periods of absence due to illness during the twelve months immediately preceding the first day of absence.
Other detailed provisions are contained in the National Conditions of Service document (The "Green Book").
APPENDIX 3
SICK PAY ALLOWANCES FOR TEACHERS
The following maximum sickness allowances apply to employees within the scope of the Conditions of Service for School Teachers in England and Wales 2000 (The Burgundy Book).
In any period of one year a teacher absent from duty owing to illness (including injury or other disability) may receive sick pay in accordance with the following normal maximum entitlements.
During the first year of service -
Full pay for 25 working days and after completing four calendar months service half pay for 50 working days.
During the second year of service -
Full pay for 50 working days and half pay for 50 working days.
During the third year of service -
Full pay for 75 working days and half pay for 75 working days.
During the fourth and successive years -
Full pay for 100 working days, half pay for 100 working days.
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