Attendance Management and Rehabilitation Policy

EEF Attendance Management and Rehabilitation Policy
Introductory notes
Attendance Management and Rehabilitation Policy
Appendix A – Self Certification and Return to Work Form
Appendix B – Bradford Factor

Attendance management and rehabilitation policy: notes

Guidance Notes

There are many reasons to have an attendance management and rehabilitation policy. First, using an attendance management policy consistently can substantially reduce the level of short-term absence and can often get employees with more serious conditions back into the workplace sooner and more successfully. Where it is not possible to do this or short-term absence continues, following a fair attendance management policy can help prevent successful unfair dismissal and/or disability discrimination claims.

About this policy

This attendance management and rehabilitation policy (‘the policy’) and its guidance notes are designed to be used in conjunction with the approach advocated in the EEF Guide ‘Fit for Work’. This Guide, which is written by a solicitor and an occupational physician, sets out a comprehensive strategy for dealing with short-term and long-term absence due to ill-health, dealing with the overlapping issues of the need for businesses to maximise attendance, the complexities of employment legislation including the Disability Discrimination Act 1995, the threat of personal injury (and stress) claims as well as promoting the well-being of the employee. It emphasises the benefits of managing all types of absence in a proactive and timely manner, encouraging the early use of rehabilitation measures where appropriate. The guidance notes in this document often refer to the more detailed guidance available in EEF Guide, ‘Fit for Work’.

The policy also takes into account the statutory dismissal and disciplinary procedures, which apply to dismissals for ill-health and absence. A failure to follow these procedures where they apply will render a dismissal automatically unfair and increase compensation awards by between 10-50%. For further information about how to comply with these new rules, see Chapters 3.3 and 4.2. of the EEF Employment Guide or, for a more detailed discussion of the issues, see the EEF Guide,‘Dispute Resolution – a practical guide to the new law’.

Written statement of particulars of employment

Please note that employers who have an attendance management and rehabilitation policy will need to ensure that it is expressly referred to in their employees’ written statements of particulars, and may need to amend these for all employees accordingly. See Chapter 4 of the EEF Guide, ‘Dispute Resolution – a practical guide to the new law’.

[INSERT COMPANY NAME]

ATTENDANCE MANAGEMENT AND REHABILITATION POLICY

1. Aims and objectives¹

The company understands that employees may sometimes be unwell and that, as a result of ill-health or injury, they may be unable to work for a period of time, whether for just a day or two or on a longer term basis. The company aims to deal positively and sympathetically with employees who have medical conditions or injuries which affect their ability to work normally, whether or not they have taken sick leave.

This policy is designed to assist employees who are absent from work due to illness, as well as to enable the company to maintain effective staffing levels. We aim to deal fairly and reasonably with all those who have either frequent periods or extended periods of sickness absence. All employees should familiarise themselves with this policy so that they know what is expected of them should they become ill.

2. Commencement and status of the policy²

[If the company has had an attendance policy before:] [The following policy will supersede the current sickness absence policy [and sick pay scheme rules] from [ ].]

The policy does not confer any contractual rights on individual employees. The company reserves the right to alter any of its terms at any time although you will be notified in writing of any changes.

Whilst this policy is not a disciplinary procedure, its provisions can in some cases lead to dismissal. Furthermore, unauthorised absence will be regarded as a disciplinary offence and dealt with under the company’s disciplinary procedure.

3. Rules for notifying the company of your absence and keeping in contact ³

On the first day of your absence you must notify [your line manager] [by 9.00 am/within half an hour of the start of your shift] by telephone that you are not coming to work. In the exceptional circumstance of [your line manager] not being available, you should instead contact [ ].

You should make the call yourself where at all possible, not ask someone to make it on your behalf. It is not acceptable to leave messages with colleagues or reception.

Unless your line manager tells you otherwise, you should telephone to notify your line manager by [9 am/within half an hour of the beginning of your shift] on each and every day of your absence.⁴

It is the company’s policy to maintain contact with employees during long-term absence, as well as short-term absence.⁵ When it becomes clear that an absence has or is likely to become long-term, your [line manager] will agree with you how frequently you need to contact the company to keep it informed of your progress. You will normally be asked to keep in telephone contact on at least a weekly basis. Your line manager/HR manager may also arrange to meet with you periodically. In some cases, this may involve you coming into the office/workplace.

Failure to comply with the notification and contact requirements set out in this policy may result in your not being eligible for company sick pay and, in some circumstances, SSP. In addition, your absence could be treated as unauthorised, which may result in disciplinary action.⁶

4. Certificates⁷

In addition to notifying the company of your absence, you must submit to [your line manager] a Self-Certification Form covering any absence of up to 7 calendar days on the day that you return to work. These are available from your [line manager]. If you are absent for longer than 7 days, the form covering these first 7 days will be sent to you at home and you must complete the form and reply by return of post.

If your absence lasts for longer than 7 calendar days, you must also provide a Doctor’s Medical Certificate to cover any absence from the 8^th day onwards. You must send this to your line manager [as soon as possible/by the [ ] day of your absence]. If you are still absent on the expiry of your previous doctor’s certificate, you must send another one to your line manager to cover any further absence, to arrive by the day after your previous certificate expires.

The company reserves the right to require you to provide a Doctor’s Medical Certificate to cover an absence lasting less than 8 days.⁸

Providing a satisfactorily completed certificate is an important aspect of this policy and if you fail to provide one you may not be eligible for company sick pay, or, in some cases, SSP. In addition, the company may treat your absence as unauthorised, which could result in disciplinary action being taken against you.⁹

5. Return to work interviews¹⁰

Unless it has been agreed with you otherwise, on the day that you return to work your line manager will meet with you to discuss the reason for your absence and what has happened in your department during it. If you do have any underlying problems or reasons that are causing you to take time off, this is a good opportunity to discuss them. We may be able to help you. If you have not already handed in or sent your Self-Certification Form or Doctor’s Medical Certificate, you should do so at this meeting.

The company recognises that there may be [exceptional] circumstances where you would prefer not to discuss the reason for your absence with [your line manager]. If this is the case, you can discuss it instead with [the HR Manager] (and give them your self-certificate or medical certificate too). You should contact [the alternative person/your line manager] when you return to work (or before you return if that is possible) to make the alternative arrangements.

6. Attendance review procedures¹¹

The company recognises that employees are sometimes too unwell to attend work and that they need time off to recover properly. However, unfortunately, there are limits to the amount of absence that the business and colleagues can sustain. Therefore, the company monitors the absence levels of all employees and, where appropriate, will take action to bring about an improvement. Where we think it would help, the company may also consider with employees whether there are any reasonable steps that we could take to assist employees to improve their attendance levels.

We use ‘trigger levels’ to identify those employees with attendance records that give cause for concern.¹²Absences will be dealt with under either Procedure 1 or 2 as explained below. At any time during Procedure 1, the company may, at its discretion, choose to move you into Procedure 2 or vice versa.

It is important that you understand that trigger levels are not an entitlement to sickness absence and you may be called to account for any level of absence.

The ‘trigger levels’ are as follows:

· [a Bradford factor score of ;or ]

· [[10] working days’ absence during a period of [12] consecutive months; or]

· [[4] occasions of absence during a period of [12] consecutive months; or]

· [[2] periods of absence in [3] consecutive months; or]

· an unacceptable pattern of absence.

Procedure 1 (for short-term absences)¹³

Caution

Should your attendance record reach [one of the above trigger levels] [the above trigger level], your line manager will hold a meeting with you to discuss your absence record and the reasons for it. Normally, reaching these trigger levels will result in you being given a Caution. If there is a substantial and lasting improvement in your attendance, your Caution will lapse after [6] months from the date it is issued. At the end of [6] months, your line manager will inform you whether the Caution has lapsed or when it will next be reviewed.

Final Caution

If, during the currency of your first Caution, you

· [insert Bradford score arrangements; or]

· [are absent again for [5] or more days or on [3] or more occasions in any [6] month period; or]

· have an otherwise unacceptable pattern of absence

then your line manager will hold another meeting with you to discuss your absence levels and the reasons for it. This level of absence will normally result in you being given a Final Caution. You will be informed that unless your sickness absence record improves and is maintained at an acceptable level then dismissal may follow. If there is a substantial and lasting improvement in your attendance, then this Final Caution will lapse after a period of [6] months. Your line manager will inform you after [6] months whether the Final Caution has lapsed or when it will next be reviewed.

Dismissal¹⁴

If during the currency of your Final Caution, you

· [insert Bradford Score arrangements];

· [are absent again for [5] or more days or on [3] or more occasions during any [6] month period]; or

· your pattern of absence is otherwise unacceptable,

then we will write to you asking you to attend a meeting to discuss your absence levels and the reasons for it. Your level of absence will be discussed at the meeting and may result in your being dismissed with notice. [A decision to dismiss you will only be taken by a [director]]. You will be informed of your right to appeal.

The company may, at its discretion, start the procedure at any stage where, in its view, the employee has had an unacceptable pattern of absence.

Procedure 2 - long-term absence¹⁵

Procedure 2 is aimed at employees who have an underlying medical condition which is preventing them from working normally, perhaps causing them to have frequent short-term absences or, alternatively, a long-term period of absence. In such cases, the company may not feel it appropriate to follow the Caution system of Procedure 1.

Research shows that the longer an employee is off sick, the less likely it is that they will ever return to work, which is in no-one’s interests. By maintaining open and frequent communication between an employee whose ability to work normally is affected on a long-term basis, and ensuring that relevant medical information is available to both parties, we hope to be in a better position to offer employees the assistance they need to get back to work earlier or to improve attendance levels or productivity, as appropriate. This will involve actively considering possible rehabilitation measures with you on an ongoing basis.

Under Procedure 2, we will therefore:

· keep your absence(s) under review;

· maintain frequent contact with you, as and when appropriate, which may include periodic case meetings, both to keep us informed of your progress and to keep you informed of what has been happening at work in your absence. See also paragraph 3 above;

· seek medical reports, which may also involve you attending one or more medical examinations with a doctor or other health professional appointed by the company;

· where appropriate, identify and consider with you possible rehabilitation measures which might help you to improve your absence record or productivity or to return to work earlier than might otherwise be possible; and/or

· keep any rehabilitation measures that we have implemented under review on an ongoing basis.

Your co-operation is required at all stages of Procedure 2, including the implementation of any rehabilitation measures. Given that the measures in Procedure 2 are aimed at enabling you to continue successfully in employment, a refusal to co-operate could affect your future prospects of employment [and your entitlement to company sick pay]. (See paragraph 7 below for company policy on the provision of medical information).

Regrettably, circumstances may arise where it becomes necessary to consider your future prospects of employment with the company. If so, we will, where it is reasonably possible, hold a meeting with you to formally review your past and probable future pattern of absence, taking into account any medical advice and the likely success of any reasonable rehabilitation measures, as well as the needs of the business. We will write to you in advance of the meeting explaining why and when a meeting will be held. In some circumstances, for instance where there is no prospect of you being able to return to work within a reasonable period of time, the review may result in your employment being terminated with notice. [A decision to dismiss you will only be taken by a [director]]. You will be informed of your right to appeal.

7. Obtaining medical information¹⁶

The company may at any time ask you to attend its doctor or other health professional or we may ask your permission to seek a medical report from your own doctor. This is to enable us to get a clear picture of your capabilities, diagnosis and prognosis. This information may be used to consider and implement measures aimed at assisting you to reduce your absence levels or return to work and/or to comply with our health and safety obligations. It may also be taken into account when making decisions about your future employment.

If you do not co-operate in providing medical information, you should be aware that the company will have to consider your case, and this includes a decision such as whether or not your employment should be terminated, on the basis of the information available to it. You may also lose your eligibility for company sick pay.

8. Procedural steps¹⁷

In normal circumstances, you can expect the following procedural steps to be taken.

Other than in exceptional circumstances, the company will not issue a Caution, a Final Caution or dismiss you under Procedure 1 or 2 without:

· Giving or sending you a letter explaining why a meeting is being held and when and where it will be. This letter will also set out details of your attendance record, any relevant past Cautions and possible outcomes of the meeting. If you have difficulty understanding such a letter, you should ask [the HR Manager] for an explanation;

· before the meeting, providing you with all relevant information, including medical reports;

· giving you, together with any permitted companion (see below), a reasonable opportunity to consider your response to that information; and

· explaining the company’s position at the meeting and giving you an opportunity to put your case.

The company will confirm the outcome of any meeting where a Caution, Final Caution or Dismissal is considered [together referred to as ‘formal meetings’] in writing.

If you are dissatisfied with the outcome of a formal meeting, then you can appeal the decision. Appeals should be in writing, setting out the reasons for the appeal and should be delivered to the [HR department] within [5] working days of the decision. A meeting will be held to discuss your appeal. This may take place after the decision appealed against has taken effect. The company will inform you of the outcome of the appeal in writing within [3] working days of the meeting. ¹⁸

All formal meetings and appeals will be held at a reasonable time and place. An employee who has been invited to attend a formal meeting or appeal must take all reasonable steps to attend the meeting. The company will not unreasonably delay any formal step of Procedures 1 and 2.¹⁹

You will have the statutory right reasonably to request to be accompanied by a fellow worker or trade union official of your choice to any formal meeting or appeal under Procedures 1 and 2.²⁰

9. Keeping records²¹

The company will keep records of any action taken under this policy. These will be treated as confidential.

[10. Policy on time off for family emergencies²²

You have the legal right to reasonable time off without pay to deal with an unexpected or sudden problem and to make any necessary longer term arrangements in the following circumstances:

If a dependant falls ill or has been involved in an accident or assaulted,

When a dependant is having a baby,

To make longer term care arrangements for a dependant who is ill or injured,

To deal with the death of a dependant, for example, to make funeral arrangements or to attend a funeral,

To deal with an unexpected disruption or breakdown in care arrangements for a dependant, for example, when a childminder or nurse fails to turn up, or

To deal with an incident involving your child during school hours.

A ‘dependant’ means your partner, child or parent, or someone who lives with you as part of your family. In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on you for assistance.

If you do need to take time off for a family emergency, you must notify the company in accordance with the procedure above (paragraph 3) at the earliest opportunity of the reason for your absence and when you expect to return.

[Any payment for time off for family emergencies will be entirely at the company’s discretion.]

[In addition, the company has a compassionate leave policy available [on the intranet/from the HR department.]

If you wrongly claim [SSP] or [company sick pay] when you are not ill, you may be subject to disciplinary action, which may result in your dismissal.]

[11. Injury at work²³

All accidents and any injury, however slight, which occur whilst on company premises, or on authorised company business, must be reported as soon as possible to your [line manager]. You should refer to the company’s health and safety policy for further details on the procedure to follow.

Full details must be given as to how the injury was sustained, together with its nature and extent. These details must also be recorded [on an Accident form], which can be obtained from [your line manager].]

Guidance Notes

Attendance Management and Rehabilitation Policy

Specimen Absence Management Letters

Guide to temporary work adjustments

Guide to Return to Work Interviews & Process Flowchart

Guidance on Who is Covered by DDA

Seeking Medical Report
from an Individual's Own
Doctor

Handling Medical Cases: A Line Manager's Guide (flowchart)

Guide to making the most of home visits

Guide to keeping in touch by telephone

Fact sheet for common medical conditions

Guide to stress, anxiety and depression

	EEF Attendance Management and Rehabilitation Policy
	Introductory notes
	Attendance Management and Rehabilitation Policy
	Appendix A – Self Certification and Return to Work Form
	Appendix B – Bradford Factor

Attendance Management and Rehabilitation Policy

EEF Attendance Management and Rehabilitation PolicyIntroductory notesAttendance Management and Rehabilitation PolicyAppendix A – Self Certification and Return to Work FormAppendix B – Bradford Factor

EEF Attendance Management and Rehabilitation Policy
Introductory notes
Attendance Management and Rehabilitation Policy
Appendix A – Self Certification and Return to Work Form
Appendix B – Bradford Factor