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Attendance Management

(Policy & Procedure)

Publication Scheme Y/N Can be published on Force Website Department of Origin People Development

Policy Holder Head of HR Operations Author Health & Wellbeing Manager

Related Information Authorised Professional Practice: Decision Making

Disability Policy Diversity Policy

Home & Work Life Balance Policy Stress Policy

Date Approved at BMG 21/7/2010

This Version V4.3 – Created 18/10/2013 Date of Next Review 18/10/2016

October 2013

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Policy

Statement

Merseyside Police is committed to developing a healthy, dedicated, engaged and effective workforce to enable us to continue to increase public confidence and satisfaction in the police. The Force must continue to ensure that we maximise attendance at work to support and achieve our policing objectives.

The development of an attendance culture, which is consistent, innovative and responds to the needs of our stakeholders and the public we serve, is essential in order to contribute to the ongoing improvement in the service we provide.

An attendance culture is one where good attendance at work is the norm and is expected of all and by all. It is a culture where individuals are that are absent through illness or injury are supported to return to work as soon as possible, where good attendance is recognised and rewarded and where poor attendance is effectively managed and appropriately challenged. The procedures within this document are based on principles of good practice from a number of sources including the HSE and ACAS. To achieve our objective of developing an attendance culture it is important that we strive to strike a balance between supporting those that are injured or ill at the same time as challenging poor attendance.

The development of an attendance culture does not include the promotion of presenteeism or long hours within the force. The Home and Work Life Balance Policy, Police Regulations and Police Staff Conditions of Service contain facilities to help individuals to achieve balance between home and work responsibilities. The force recognises the need for individuals to balance home and work in order to maintain good health and wellbeing and to perform effectively within their role.

Recognition and reward for good performance or attendance should be given in all cases where it is deserved. PDP 4s and the allocation of an additional days annual leave for good

attendance are a positive tool to promote a culture where good attendance is recognised, rewarded and promoted.

Aims

The main aim is to provide a framework for attendance management within the Force and to set consistent standards for all to follow. Additionally we aim to create a culture where good

attendance is valued, recognised and rewarded, where those that are injured or ill are given appropriate support to return to work at the earliest opportunity and where poor attendance is consistently challenged.

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Objectives

The main objective of this policy is to improve attendance by the continued development of an attendance culture where the wellbeing of all is paramount and where line managers can balance the need to challenge and support where appropriate. Additional objectives are:

a) To make all Line Managers aware of their responsibilities to consistently recognise and reward good attendance.

b) To make all Line Managers aware of their responsibilities to consistently support those that are injured or ill to return to work at the earliest opportunity.

c) To provide appropriate mechanisms for Line Managers to consistently support those that are injured or ill to return to work at the earliest opportunity.

d) To make all line managers aware of their responsibilities to challenge poor attendance consistently.

e) To confirm the roles and responsibilities of all those involved in achieving the aims and objectives of this policy.

Application and Scope

All police officers and police staff, must be aware of, and are required to comply with, all relevant policy and associated procedures.

Attendance management is a key strategic issue for both the Force and our Stakeholders. High levels of absence that are not addressed impact upon the Force’s operational effectiveness and our ability to meet our policing objectives. The application of this policy provides a framework to manage these issues.

The responsibility for delivering attendance objectives lies at a corporate, local and individual level. Line managers have a key role in reinforcing Merseyside Police leadership values and standards, to ensure that the health, safety and wellbeing of our workforce is maintained.

Outcome Evaluation

Outcomes will be evaluated as a result of regular monthly monitoring of sickness figures with reports provided to Chief Officers, Merseyside Police Authority, Area Commanders/Department Heads, Joint Negotiating and Consultative Committee and publication on Spotlight on the Force Intranet. HR Business Teams will also provide more detailed analysis of attendance to local Command Teams. The Attendance Management Procedure will be audited to ensure compliance. The audit will focus on the key elements within the policy that impact on the

creation and maintenance of an attendance culture and those that facilitate early return to work. The Assistant Chief Constable People Development is responsible for overseeing this policy, to ensure compliance with Force standards and monitoring attendance performance in all Areas and Departments. Area Commanders and Department Heads will be held to account for attendance performance at Personnel and Finance Quarterly Inspections.

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_____________________________________________________________________________________________ Version History

20/9/2010 V 4.1 - Mindful Employer Logo added & Total Policing Logo updated

11/11/2011 V 4.2

 Updated to comply with the Equality Act 2010  Amendments to case management approach

 Amendment to Attendance Support Programmes (ASP’s)  Amendment to relationship between leave and sickness  Greater links to Joint Stress Management Policy  Updated to reflect support available from staff networks

18/10/2013 V 4.3 – Paras 1.3.1. to 1.3.3 amended to increase level of care provision

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Procedure

Contents

Sickness Absence

Medical Treatment and Appointments

Home/Contact Visits

Return to Work

OHU

Management Action

Relationship between Sickness and Pay Entitlements

Medical Retirements

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1.

Sickness Absence

1.1 The overall responsibilities of all individuals, in respect of this policy are detailed in the

Attendance Charter. This will be issued to all applicants to the force and to new starters. 1.2 One of the most important factors in managing attendance is to create a working

environment that is fair, free from harassment and where people feel valued and trusted. Recognising and rewarding good attendance is equally important to managing instances of sickness. The Force will award an additional days leave for all individuals that

achieve 5 years 100% attendance. A procedure is in place to cater for disability related and pregnancy related absences in order to eliminate discrimination. See the

Recognition & Reward Policy for details.

1.3 Reporting sick whilst at work

1.3.1 Where an individual has reported for work and becomes ill, causing them to go home, that day will not be counted as sickness for both Statutory Sick Pay and administrative purposes regardless of how long the individual was in work. Line Managers will however be responsible for notifying the SSC by completing the Sickness Notifications E Form and following the Return to Work Procedures. The SSC will record the part day absence and follow existing procedures in relation to return to work. Line Managers and

individuals should be aware that the decision to leave work is one to be taken by the individual in the first instance. If any individual feels they are too ill to work it is in their best interest to refrain from work until they feel well enough to work again. This may also be in the best interest of other team members.

1.3.2 Where the line-manager is concerned for the health, safety or wellbeing of the individual or team they should direct the individual to leave work for the remainder of that shift. If it is considered that the individual needs assistance to travel home safely, the line

manager must inform the member of staff’s next of kin or other appropriate adult to collect them from work. If contact is not possible the manager must make alternative arrangements for the individual to be taken home by an appropriate member of staff. 1.3.3 Where such a control measure is taken, individuals must contact their line manager as

soon as they reach home to report that they have arrived home safely. They must also understand that they are responsible for their own attendance and must contact the workplace prior to commencement of the next planned shift if they are to remain absent. Whilst such absences will not be counted as sickness absence for certain purposes such as (Pay/selection/CRTP/SPP), the information is required to inform managerial decision-making in managing individual cases and considering supportive action. Managers should monitor these absences and if a trend is identified seek advice from the HR Business Team.

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First Seven Calendar Days

1.4 Individual Responsibilities:

a) Individuals must comply with the procedures detailed in this policy. Failure to comply with these procedures may lead to disciplinary action and may also be taken into account in any selection process where attendance at work is in question; b) Individuals must report their absence by telephone or in person to their Line

manager at the earliest opportunity and in any case prior to commencement of their next shift;

c) In the event that their Line Manager is unavailable, then an alternative

Manager/Supervisor from within the same Department/Unit must be contacted. When this is not possible the report should be made to a colleague. This should be followed up by a call to the Line Manager at the earliest opportunity;

d) Only in exceptional circumstances, such as hospitalisation, will it be acceptable for the sickness report to be made by an authorised third party on behalf of the individual. Sending of text messages or e-mails is not an appropriate form of communicating sick absence and is not permitted, and

e) In all cases individuals must provide the following applicable information: • The nature of the sickness / injury;

• Whether the absence is pregnancy or disability related • Has a GP been seen or is the intention to do so;

• If the individual is in hospital – obtain any hospital details; • The dates / times of any doctor’s appointments;

• How long the individual is likely to be absent/likely return to work date; • Is there any outstanding work that needs to be completed;

• Was the absence as a result of an injury or accident on duty, and • Is there is any help / intervention that the Force can provide such as

physiotherapy, welfare advice or stress counselling.

1.5 Line Manager Responsibilities

A first line manager/line manager is any member of staff with supervisory or line management responsibility. Line managers will:

a) Make contact with the individual and obtain information as applicable as above; b) Complete the Sickness Notifications E Form and forward to the Shared Service

Centre (SSC) ASAP;

c) Update the Duty Management System (DMS);

d) Line managers need to exercise due diligence when processing Fit Notes and must be satisfied that the document is genuine. Where any doubt exists line managers should contact the relevant HR Business Team for advice;

e) Carry out home/ contact visits with staff that are absent with stress related illness within 7 calendar days of the first day of absence. See the Joint Stress

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f) Monitor sickness absence and if the individual returns to work, complete the return to work notifications E Form and the return to work interview E Form. If the return to work E Form is not available or if the manager is unable to access it for any reason, the return to work interview should still be conducted at the earliest opportunity and the documentation completed when available. See below for procedural guidance following return to work, and

g) Where it is known at the outset that the individual will be absent for 29 days or more, line managers should inform the SSC by obtaining the details from the Fit Note and including these on the E Form. In these cases an automatic OHU referral will be made by the SSC.

1.6 People Development Department (HR Operations/HR Shared Services/OHU)

Responsibilities

I. The SSC will ascertain whether or not an immediate OHU referral is required (If the individual has reported a stress/anxiety/muscular skeletal related illness) and if this is the case arrange for a referral. The SSC will also assess whether or not the Force Trigger Points for action have been met (See section 6.3 for details of Force Trigger Points). They will update Force Systems and notify the Relevant HR Business Team in cases were Trigger Points are met.

II. Where it is known at the outset that the individual will be absent for 29 days or more the SSC will advise the HR Business Team to provide guidance to the line manager and adopt a case management approach at this stage.

1.7 Absence from home whilst off sick

1.7.1 It is understood that during any period of absence individuals may need to spend time away from their home address whilst absent through sickness for various reasons. They should however ensure that if this for more than one day their Line Manager is informed of the reasons and approval is sought for this period.

1.7.2 Individuals who wish to take a holiday whilst they are off sick are permitted to, so as long as they comply with the following arrangements:

a) A certificate must be obtained from the General Practitioner responsible for their primary care, confirming that the holiday to be taken will not be prejudicial to and is likely to aid their recovery; and

b) This must be forwarded to their Line Manager prior to any departure.

1.7.3 In these circumstances the individual remains off sick and is covered by a Fit Note for the period including the holiday or absence from home. Such absences will be classed as sickness absence for the purpose of Statutory Sick Pay and Occupational Sick Pay. 1.7.4 In cases where an individual is absent due to illness or injury for an extended period and

is on half or no pay and wishes to apply for annual leave to obtain holiday pay, the usual procedures for application and approval of annual leave will apply. In these

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1.7.5 Individuals should consider travel insurance arrangements for all trips abroad and ensure that adequate cover is organised prior to travel. All individuals should be aware that whilst visiting countries within the European Union, a Health Insurance Card should be obtained. This entitles the holder to free or reduced medical costs whilst abroad. Full details can be obtained from the Department of Health web site.

1.8 Relationship Between Annual Leave and Sickness Absence

1.8.1 For guidance in cases where individuals have been unable to take their allocation of annual leave due to a period of long-term sickness absence refer to Guidance on Leave and Long Term Sickness First line managers should make every effort to ensure that all individuals take their full allocation of annual leave within the leave year and that this is planned and recorded in advance on DMS or other agreed recording mechanism. It is good practice to address this at or before the return to work interview. This is

particularly important when approaching the end of the leave year.

Back to Contents Absence lasting between Eight and Twenty-Eight Calendar Days

1.9 Individual Responsibilities

1.9.1 From April 2010 the “Fit Note” replaced the “Sick Note” or Medical Certificate.

Individuals are required to provide a valid Medical Certificate for any sickness absence lasting more than 7 days. In cases where GP’s continue to use the old style Sick Notes these will be accepted. Within this policy the term Fit Note is used as a generic term for consistency.

a) Where a period of sickness absence continues for a total of eight days or more following self-certificated or medically certificated absence, individuals must inform their line manager at the earliest possible opportunity. A valid Fit Note for the continued sickness absence must also be handed in or posted to the line manager. This form must not be forwarded in internal dispatches from a local police station. b) The individual must maintain contact with his/her Line Manager or agreed home

contact visitor on a regular basis (this is a two-way process) with an absolute maximum of 14 days between contacts see below for home contact procedures. c) Subsequent Fit Notes must be submitted to the line manager in the same way to

cover the absence if it extends beyond the period covered by the previous Fit Note. 1.10 Line Manager Responsibilities

a) Obtain GP Fit Notes from individuals and provide details on continuation E Form. Return Fit Notes to the individual in all cases. Individuals should retain these for purposes of claiming benefits if appropriate. There is no need to keep a copy of the Fit Note once the details are recorded on the E Form. The Department of Work and Pensions (DWP) will request production of all Fit Notes in order to establish eligibility for any benefits which may become payable if entitlement to statutory sick pay ceases.

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b) The Line Manager will complete the continuation of sickness absence E Form and forward to the SSC. The Line Manager will respond to the SSC regarding any queries relating to the E Form.

c) The line manager or agreed home contact visitor must maintain contact with the individual on a regular basis (this is a two-way process) with an absolute maximum of 14 days between contacts see Home/Contact Visits.

d) The Line Manager will monitor the absence and if the individual returns to work within 28 days, will complete the Return to Work procedure detailed below.

e) Where an individual has met the Trigger Point for Action, line managers will consider whether an Attendance Support Programme (ASP) is required See Home/Contact Visits for further details.

f) Where an individual reports absent with stress or a stress related absence the case will be automatically referred to OHU where it will be triaged ( prioritised assessment of support required for the member of staff) by an OHNA who will develop a

programme of care. The outcome of the triage will be communicated to

management, recorded and added to the case file. Stress related absence is one of the biggest causes of absence in the Force; early intervention will help to manage these absences cases more effectively.

g) A detailed line managers guide to fit notes is available here. 1.11 People Development Responsibilities

a) The SSC will e-mail the Line Manager confirming that a Fit Note is required if the individual remains absent from work.

b) The SSC will check and validate content of E Forms and will confirm that the Fit Note details have been recorded. Where any discrepancies arise they will e-mail the Line Manager to obtain the Fit Note or other details.

c) The SSC will arrange an OHU referral where this is appropriate (Stress/anxiety). They will also provide line managers with information so they can assess whether or not the Force Trigger Points for Action have been met and if so arrange an

Attendance Support Programme. In all cases the SSC will also update the Line Manager via e-mail with a reminder of the next steps.

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Absence lasting Twenty-Nine Calendar Days or More

1.12 Individual responsibilities are as outlined at paragraph 1.4. Line Manager Responsibilities are as outlined at paragraph 1.5

1.13 People Development Responsibilities

a) Once the sickness absence has reached 29 days, the SSC will update Force Systems, and notify the relevant HR Business Team. HR Business Teams will provide further advice and guidance for line managers where required.

b) HR Business Teams will arrange an OHU referral for all individuals that have been absent for more than 28 days.

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c) To enable effective management of all cases, People Development will carry out a monthly quality review for all those cases where absence continues for 29 days or more. Validation checks of E Forms, DMS and the HR system will take place to ensure accurate recording of absence details. This validation will ensure accurate absence and payroll records are maintained and appropriate management

information is available to support those that are absent.

d) HR Business Teams will contact the Line Manager to confirm who is dealing with the case and the nature of support, which is available. They will be responsible for developing a ‘Case Management Approach’ and liaising with the Line Manager until the case is concluded.

1.14 Case management approach

1.14.1 HR Business Team will take the lead on this approach working in partnership with local management and OHU. In these cases there should be a case review after 29 calendar days. This will be done by the HR Business Team, Command Team representative, line manager and OHNA. This approach will validate whether all appropriate support and interventions are in place and will focus on ensuring that procedures outlined within this document have been implemented and put in place a plan to assist the individual to return to work at the earliest possible opportunity.

1.14.2 Where an individual remains absent for a total of 6 weeks a case review will be considered by the HR Business Team and arranged as appropriate. Where a Case Review is arranged the following should attend: HR Business Team, line manager and the OHNA, or other relevant parties to discuss any actions that may be taken in order to resolve any issues. The case review should be arranged by the HR Business Team to take place between the sixth and eight week of absence. The line manager will work with the HR Business Team to ensure that all follow up actions are undertaken. The line manager will be a key individual in the management of the case review and must attend. The list of potential attendees at a case review is not limited, but should recognise confidentiality and should be confined to those with direct interest in the case and its’ resolution. The emphasis is on problem solving. One possible outcome of a case review is to arrange a case conference. The individual concerned is entitled to be present at a case conference. A Trades Union/Staff Association representative. In exceptional circumstances a family member or friend may accompany staff with prior approval from the OHU Manager. Cases will be reviewed as per the above procedure every four weeks with further case reviews/conferences arranged if required.

1.14.3 A case review will also be considered with ACC People Development if the individual remains absent for more than four months. HR Business Teams will arrange as appropriate and will attend with the line manager and OHNA.

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2.

Medical Treatment and Appointments

2.1 In Vitro Fertilisation (IVF) or other Fertility Treatment

2.1.1 Merseyside Police is supportive to all individuals, male and female who need to undertake fertility treatment. Fertility treatment can be a lengthy process, individuals should discuss the leave and the support that they are likely to need with their Line Manager.

2.1.2 Individuals will be allowed reasonable time to attend related hospital appointments. Individuals can also apply for Special Leave for longer periods of absence that may be required. Special Leave can provide for a maximum of 10 days paid leave in any one year. Further necessary time off duty due to the side effects of treatment may be taken as annual leave/flexi leave or sick leave.

2.1.3 Reasonable time off will be granted to partners of those undergoing fertility treatment. This should be in agreement with line managers, should be planned in advance and will be subject to exigencies of the service. This will be classed as Special Paid Leave. 2.1.4 Sickness absences for fertility treatment must be treated in the same way as pregnancy

related absences in that they must not result in discipline or other detrimental treatment. Further advice and guidance is available from the HR Business Teams. The maternity Support Network (MaSN) is also available to support those undergoing or considering fertility treatments.

2.2 Medical Appointments

2.2.1 Private medical appointments should wherever possible be made in an individual’s own time, appointment cards or details may be requested by line managers. Line managers should be advised of the appointment date and time when it is made or as soon as possible afterwards. Where it is not possible to arrange appointments in own time, they should be made at a time that causes least disruption to work, e.g. at the beginning or end of a shift if this is possible. Line managers should be flexible in allowing individuals to attend at medical appointments and should recognise that it is not always possible to arrange these outside of work. The nature of some appointments, for example hospital tests or scans may require individuals to be absent from work for most or all of a shift. Time off for medical screening is catered for in Terms and Conditions of Service for Police staff. Guidance is available from the HR Helpdesk where required. Where individuals are treated as a day case patient by the NHS for minor surgery/tests, and return to work on the following duty day, this should be classed as time off for medical screening/appointment. Individuals will be required to produce relevant documentation to line management.

2.2.2 Line managers should also be aware that Disability Leave is available in certain circumstances as a reasonable adjustment; the Disability Policy contains full details of this facility.

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2.3 Elective Surgery

2.3.1 Elective surgery is surgery that is not urgently required due to an emergency. Elective surgery may be performed for medical purposes, or for other reasons such as cosmetic surgery.

2.3.2 Merseyside Police is supportive of all staff wishing to improve or enhance their medical fitness for work. Where an individual elects to have surgery they should discuss this with their line manager in the first instance. Any elective surgery can then be planned in advance to minimise disruption to the work place. In agreeing a planned time for the elective surgery line managers should take into account the needs of both the

organisation and the individual. Line managers should also respect the confidential and sensitive nature of the surgery and the wishes of the individual in keeping this private. 2.3.3 Where the surgery is for medical reasons, (based on medical evidence that justifies the

medical need) and where the surgery is agreed by the Force to be for a medical reason, time off sick will be treated as sickness absence as defined in this policy. Payment of Statutory Sick Pay (SSP) and Contractual Sick Pay will be made in accordance with Police Regulations and Police Staff Conditions of Service as appropriate.

2.3.4 Where the surgery is for purely cosmetic reasons and there are no benefits to an individuals health, staff will be expected to take annual leave or unpaid leave for the surgery and any recuperation following the surgery.

2.3.5 The Occupational Health Unit can provide medical advice to managers managing individuals that are considering or have undergone elective surgery. This may be particularly useful in understanding whether any medical or health benefits may be gained from the elective surgery. This advice should be sought at the earliest opportunity.

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3.

Home/Contact Visits

3.1 Line managers will carry out home or contact visits for those absent from work. These contact visits will be carried out at least every 14 days (For stress related absence the first contact/visit should be within 7 calendar days of the initial absence, see the Joint Stress Policy for contact with those absent with stress) except in exceptional

circumstances. Visits do not necessarily have to take place at the individual’s home address, see 3.3 (g) below.

3.1.1 Early contact and intervention, followed by continued contact has been shown to have a positive effect on enabling people to return to work quickly. It is however acknowledged that home or contact visits are not the only form of contact but should be undertaken at regular intervals during any protracted absence.

3.2 Individual responsibilities

3.2.1 Individuals have an obligation arising from the terms of their employment to maintain contact with the organisation and line managers need to be able to obtain information about their absence in order to make judgements on future management.

3.2.2 All those that are absent from work for more than 14 days are required to facilitate home/contact visits by their respective line manager unless the reason for their absence involves an issue concerning the line manager. In such circumstances the local

management team will identify another manager with knowledge of the individual to conduct the visit. The identified manager will be always be at least one rank/grade above that of the absent member of staff. In certain cases this may be a Trades Union, Staff/Association Representative or Support Networks, if agreed by the local

management team. Where there is OHU advice regarding home/contact visits this will be taken into account by line managers.

3.2.3 Refusal to remain in contact with work and or facilitate home/contact visits may result in a review of pay and benefits (CRTP/SPP/Occupational Sick Pay) and may also lead to disciplinary action. Advice should be sought from HR Business Teams.

3.3 Line Managers Responsibilities

3.3.1 Line managers must maintain contact with the individual and adhere to the following guidance:

a) If an individual is off sick with stress, as long as the Line Manager is not the

contributing factor to the stress, then the Line Manager should visit the individual at home or other appropriate location unless there is other advice from the HR

Business Team;

b) The line manager or agreed home contact visitor must maintain contact with the individual on a regular basis (this is a two-way process) with an absolute maximum of 14 days between contacts;

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c) Ensure a notifications Home Contact E Form is completed following the home contact visit;

d) Those conducting home visits should wear plain clothes and arrive in an unmarked vehicle to safeguard the safety and identity of the individual;

e) Line managers should consider whether it is appropriate to ensure a gender balance during home contact visits. This can be achieved by arranging a colleague to accompany you. Individuals should be made aware in advance of who will be attending the contact visit and why.

f) In normal circumstances home visits should be carried out on a one-to-one basis and the date and time for the home visits should be mutually agreed in advance with the individual as part of the overall contact plan. Visits will be made by prior

arrangement unless there are serious overriding reasons. Representatives of HR Business Team may accompany line managers to provide support where required; g) Individuals have a right, under law, to refuse access to their home address. Where

individuals refuse access to their home, this should be noted and their wishes accommodated. In such circumstances managers must ensure a contact visit takes place and arrange this at a venue other than the home address. Conducting contact visits at work is a good opportunity to start the rehabilitation process and to prevent the individual from feeling distanced from the organisation, colleagues or their role; h) During the course of the visit, Line Managers will make legitimate enquiries as to

whether or not a return to work is possible on restricted or recuperative duties and if so ask the individual to raise this with their GP to include on a Fit Note. Reasonable adjustments under the Equality Act 2010 should be considered for all; and

i) It is recognised that in some exceptional cases involving psychological illness, a visit may not be appropriate. The line manager must take this decision after full

consultation and advice from the HR Business Team. Support for individuals and line managers’ is also available from OHU.

3.3.2 Remember to maintain contact with the individual. This is vital in ensuring their

return to work – it is easy to allow this to drift when the absence becomes long-term.

3.3.3 In medium / long-term sickness absence, the Line Manager should consider the

development of an ASP in agreement with the individual to help them back to work. This should be agreed during the home contact and will:

a) Agree with the individual precisely what jobs they will do on their first day; b) Agree who will meet them when they return;

c) Agree the work pattern they will undertake on their first shift;

d) Discuss any restricted, recuperative or reduced working arrangements, which will; e) Be considered and agreed in liaison with HR Business Teams/OHU.

f) The Line Manager may wish to discuss the ASP with the relevant HR Officer.

3.4 People Development Responsibilities

3.4.1 The SSC will provide information and advice to support line managers throughout the period of absence and will ensure that relevant systems are updated. In more protracted or complex cases, HR Business Teams will provide tailored support.

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4.

Return to Work

4.1 When returning to work, the individual must notify their line manager in advance of the return to work including weekends, bank holidays, rest days and non-working days. If returning to work with Fit Note advice from a GP, individuals should advise their

manager of the content of the Fit Note to assist with planning. A line managers guide to Fit notes is available here. Any amendment to duties or reduction in hours agreed as a result of advice on a GP Fit Note will be classed as Recuperative Duties. Recuperative duties are temporary duties or working conditions as suggested by a GP on a fit note or by an OH professional. This may involve a period of reduced hours or a phased return to work where the GP or OH professional believes an individual will benefit from a gradual increase in intensity of their work duties or working hours which will help to: • Accommodate an early return to work from sickness absence

• Prevent sickness absence

4.2 In the vast majority of cases full duties and hours should be achieved within 6 weeks, if however, this cannot be achieved a review will take place with Occupational Health. Recuperative duties will be reviewed regularly, with a final review at 6 weeks to establish medical capability.

4.3 It is good practice for line managers to keep in touch with individuals whilst they are absent, the return to work can then be discussed and planned in advance.

4.4 Individuals are reminded that they can resume from sickness on a non-working day or rest day and if this is the case they should inform their Line Manager or another manager if this is not possible. This will assist in ensuring accurate records are maintained.

4.5 The return to work interview is widely acknowledged to be an essential step in

rehabilitating individuals back to work and managing attendance. Line managers will be responsible for conducting return to work interviews with all individuals following any sickness absence.

4.6 Preparing for a Return To Work Interview (RTWI)

Line Managers Responsibilities

4.6.1 When the individual returns to work, conduct a Return to Work Interview on that day if at all possible. Where this is not possible the RTWI must be carried out within 3 days of return to work. On those occasions where the E Form is not available or cannot be accessed by the manager, the RTWI can be done and the form completed when available. The HR Helpdesk can transfer the link to another line manager if this is necessary.

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4.6.2 The return to work of an individual will include a proper risk assessment of duties. If the individual is returning in a recuperative capacity or on reduced hours as advised on a GP Fit Note, this advice should form part of this assessment and be used to guide

management decisions.

4.6.3 Prepare for the interview and include the following: a) Obtain the individual’s sickness record and consider;

b) The number of absences and length of those absences; and

c) If there are any patterns to the absence, e.g. Mondays / Fridays, specific meeting dates, specific functions / holidays/shift patterns etc.

4.6.4 Where the trigger point for a review of attendance has been reached an ASP should be considered. See separate guidance on ASP’s. Where the trigger point for a review of attendance has not been reached follow the procedural guidance below.

4.6.5 In cases where an individual has been absent due to a stress related illness line managers will complete a Stress Questionnaire. This document is based on guidance from HSE and will be used by line managers to support those returning to work following a stress related absence. The record of the return to work should be recorded on the notifications E Form as per standard practice. Line managers should also complete a

Stress Risk Assessment. The Stress Management Policy contains further guidance.

4.7 Conducting a Return To Work Interview

4.7.1 A return to work interview should not be seen as a disciplinary measure, but should be regarded as an opportunity for the Line Manager to discuss the absence and

identify/resolve any outstanding issues associated with the absence. Managers should aim to provide support to help those that are injured or ill to return to work and to achieve the required standards of attendance but at the same time managers should balance this by appropriately challenging poor attendance.

4.7.2 On notification of absence the Shared Service Centre will supply line managers with a report detailing the individuals sickness history to date. Further copies of the sickness absence history are available by contacting the HR Helpdesk if required.

4.7.3 Consider the following when making arrangements for the RTWI:

a) Use a private office, but set it up informally to allow for a full discussion; b) Ensure there are no interruptions;

c) Explain the importance of the interview and that it is not just form-filling; d) Make sure the individual knows they have been missed; and

e) If appropriate, explore the reasons for their absence to find out if there are any underlying causes that the organisation can help with from the point of view of working hours or welfare / caring advice e.g. is child or elder care an issue?

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4.7.4 If carried out professionally and thoroughly, the return to work interview provides Line managers with the opportunity to:

a) Demonstrate a caring approach;

b) Ensure the individual considers themselves fit & well to resume work;

c) Identify reasons for absence e.g. stress, family responsibilities, difficulty with shifts/domestic issues/health issues (refer to any OHU correspondence/reviews); d) Discuss any patterns i.e. absence on same day on repeated occasions;

e) Consider effects of absence on colleagues, department and public; f) Provide advice and support;

g) Consider conducting a risk assessment and reasonable adjustments;

h) Consider whether support from Access to Work is appropriate – see the Disability Policy for further information;

i) Discuss the impact that absences are having on team performance, the public and colleagues;

j) If an individual has been absent on 3 or more occasions in a 12-month period with short-term absences (7 days or less), the Line Manager should consider the option to withdraw the right to self-certification as part of the Attendance Support

Programme (ASP). See separate guidance on preparation of an ASP. Removal of self-certification will ensure that the individual seeks the medical intervention of a GP following any further absences, which may help to identify any underlying causes of illness. If it is felt that this is an appropriate course of action, a separate report should be forwarded to the HR Business Team outlining the reasons for the recommendation. Any cost incurred to the individual will be reimbursed;

k) Where an individual reaches the trigger point for management support and the line manager decides that management support is required, an ASP should be agreed with the individual to support them to rehabilitate to full duties and to achieve the required level of attendance. This may include a risk assessment. Where managers decide that no support is required, an ASP Exception Form should be completed, see Attendance Support Programmes;

l) Management may consider other measures to improve attendance, which may include OHU support, a meeting with a more senior manager or reasonable

adjustments if appropriate. Ultimately, managers are accountable for resourcing of the AREA/Department and if all other supportive measures have been explored, may have no alternative other than to instigate Police Performance Regulations (Police officers) or Capability/Discipline (Police staff). Where this is the decision of the manager a record should be made on the return to work interview Notifications E Form;

m) All individuals should be made aware of the possible impact on career development opportunities in relation to de-selection for posts as a result of poor attendance, and n) Line-managers should remind all police officers that CRTP will be reviewed if formal

management action is taken under Police Efficiency Regulations to deal with poor attendance and SPP is automatically stopped after 28 days of absence.

4.7.5 Following completion of the return to work interview the Line Manager must:

a) Record the return to work interview on the Notifications E Form and forward the completed form to the Shared Service Centre (SSC). The SSC will update the HR System with details; and

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b) If necessary, agree a plan in respect of any outstanding annual leave, to ensure that the individual’s entitlements are met whilst ensuring the impact on colleagues and the organisation is effectively balanced. Area/Department Resource Managers can provide advice if required. In Departments where there is no Resource Manager the local management team will be able to assist.

4.7.6 Where it is identified that an individual would benefit from a planned return to work (usually following long term absence) the line manager, supported by the HR Business Team will agree an ASP with the individual to assist with a planned and managed return to full duties. It will detail what is required within an agreed timescale and the assistance to be given to the individual. The ASP will also include hours of work any identified training needs and review dates. In most cases following long-term absence it will be beneficial if this is completed prior to return to work at a home/contact visit. This should serve to assist the individual and the manager by removing uncertainty about duties or hours in the early stages of return to work. The line manager will liaise with OHU to discuss the planned return to work and if appropriate will also liaise with Trades Unions or staff associations. Staff Networks may also be able to provide support to managers or staff in certain cases. See Attendance Support Programmes.

NB - Any amendment to duties or reduction in hours recommended on a Fit Note that continues for longer than six weeks must be agreed with OHU. HR Business Teams will be responsible for arranging this. Line managers should take advice in

these situations. See Line Managers Guide to Fit Notes.

4.8 Consequences of Continued Poor Attendance

4.8.1 From the outset, the individual needs to be aware of the support available to them and the possible consequences of poor attendance. It should be recorded on the Return to Work Interview E Form that the individual has been made aware of this. See the section above on the Relationship Between Sickness and Pay Entitlements and the section on Management Action.

4.8.2 It is possible that poor attendance will necessitate a review of the person’s capabilities to perform a particular role or, for example, to continue to work full time.

4.8.3 Management have a duty to manage attendance effectively and should implement all reasonably practicable supportive measures available to help individuals to improve or maintain attendance, these should be documented on an ASP – see Attendance

Support Programmes. Where supportive measures fail other formal procedures

(Capability or Discipline Procedures for Police Staff and Police [Efficiency] Regulations for Police Officers) are a valid management intervention. If unacceptable levels of attendance continue dismissal on the grounds of incapability or conduct (Police staff) or Performance (Police officers) is a potential outcome. See also Section 8. Medical Retirements.

4.9 People Development Responsibilities

4.9.1 HR Business Teams will coordinate OHU support and will provide advice and guidance to help line managers to manage attendance. Back to Contents

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5.

Occupational Health Unit

5.1 The Occupational Health Unit plays a key role in managing attendance for the Force. The OHU are responsible for giving medical advice to inform management decision-making. The Shared Service Centre will arrange an OHU referral for any individual if they fall into the following criteria:

a) Where a GP advises this on a Fit Note; b) A Sickness absence of 28 days or more;

c) Sickness absence of a psychological nature – referral will be on initial notification; d) When an individual requests a referral to the Occupational Health Unit via their line

manager; and

e) Where there are repeated short-term patterns of sickness that raise cause for concern and the line manager requests a referral.

5.2 A Trades Unions or Staff Association representative may accompany individuals at OHU appointments. In exceptional circumstances a colleague/friend employed by the

organisation or family member may accompany staff with prior approval from the OHU Manager. Where any representative is attending an appointment with any individual OHU should be informed in advance.

5.3 Individuals cannot arrange appointments directly with an OHNA or with the Force Medical Advisor (FMA); this must be done via HR Business Teams on all occasions. Where an individual fails to attend a pre arranged OHU appointment the line manager will discuss this with the individual to ascertain why. OHU appointments are a

supportive measure to assist an individual to return to work or to rehabilitate and remain in work. OHU appointments attract a cost and should not be misused. Failure to cooperate with OHU support is a managerial issue and will be treated seriously. HR Business Teams will advise line managers when individuals have failed to attend

appointments and will request a written report explaining the circumstances surrounding the failure to attend and any action taken by the manager to prevent missed

appointments in future.

5.4 Individuals can arrange appointments directly with a Welfare Officer on Ext. 78747.

5.5 Managers should provide any relevant information to OHU in a report in advance of the appointment. In cases where managers are not satisfied with OHU advice this should be reported to the HR Business Team with the reasons for dissatisfaction. HR Business Teams will liaise with the OHU Manager to resolve the issue.

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6.

Management Action

6.1. Failure to attend regularly at work may have an impact on selection for promotion, career development to other roles and CRTP/SPP (if eligible). The trigger points and criteria outlined in this policy are the standard, harmonised Sickness Criteria for De-Selection. Any policies or procedures that include de-selection on the grounds of poor attendance will contain details of how the criteria will be implemented.

6.2 The trigger points for management action should be calculated on a pro rata basis for Police officers and Police staff in their first three years of service. An extension to the probationary period will be considered in all cases where the (Pro rata) trigger point has been reached. For example a member of staff with one and a half years service and 18 days sickness absence would have exceeded the trigger point as if this level of absence occurred over a 3 year period this would equate to an average of 12 days absence per year (Trigger point average of 8 days over 3 years).

6.3 The force standard trigger points for management action are: a) Absent on 3 or more occasions in last 12 months; OR

b) Absent for more than an average of 8 days per year over the last 3 years;

AND, IN EITHER CASE,

c) The individual’s overall sickness record displays a pattern of absence, OR a single significant period of absence, which would cause the organisation to feel unable to depend or rely on their regular attendance at work.

6.4 A single significant period of absence would usually be in excess of 24 working days. Each case should be considered on its own merit and all of the circumstances taken into account.

6.5 Where the trigger point for action has been reached, line-managers should discuss this during the Return to Work Interview. At the Return to Work Interview the line-manager and the individual will discuss whether management support is required to help to improve or maintain attendance to an acceptable standard. Line managers have a responsibility to manage attendance and in doing this should provide any reasonable assistance. Where management support is identified, formal or informal this should be agreed with the individual and documented on the Attendance Support Programme

(ASP).

6.6 In cases where the line manager decides that no support is necessary, this must be documented on the ASP Exception Form, including the rationale for this decision. The form should be forwarded to the HR Business Team.

6.7 Whenever the attendance of an individual is called into question, Line managers must pay particular attention to any pregnancy or disability related absence.

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6.8 Pregnancy related sickness absence will be discounted for certain purposes, for example de-selection from promotion, redundancy, recruitment and selection, special priority payments, competency related threshold payments and capability/disciplinary procedures for poor attendance, as long as the sickness absence is directly related to the pregnancy. An ASP is a valid and appropriate way to agree and document any support required for the individual.

6.9 For some purposes, Disability Related Sickness may also be treated differently to other sickness absence. As a reasonable adjustment, the Force may discount disability related sickness for the purposes of promotion, redundancy, recruitment and selection, special priority payments, competency related threshold payments and

capability/disciplinary procedures for poor attendance, as long as the sickness absence is directly related to the disability. It may not be reasonable in every case to discount all disability related absences. However, recording the absences, as ‘disability related’ will make it easier for management to make a decision on what is and is not reasonable. Consideration must also be given to absence as a result of injury on duty, which may also be treated differently in certain circumstances for example sick pay and de-selection for promotion/lateral development.

6.10 However, in addressing welfare issues, individuals absent as a result of pregnancy or disability related illness should be provided with all reasonable support, documented on an ASP. Failure to include these absences within the trigger points for an Attendance Support Programme may inadvertently ‘hide’ potential problems and leave the individual vulnerable and without the required level of support. See Attendance Support

Programme. Further information can be sought from the HR Helpdesk.

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7.

Relationship Between Sickness and Pay Entitlements

7.1 Pay

7.1.1 Arrangements are in place for police officers and police staff in respect of the decision making process to decide if they will be placed on to half or no pay.

7.1.2 The arrangements for police officers are contained in Regulation 28 and Annex K of Police Regulations 2003. The Regulations are specific in respect of the time periods granted before the introduction of half pay/no pay and such decisions to extend the period may only be made at the discretion of the Chief Constable who will personally consider these matters on an individual and monthly basis.

7.1.3 Police staff arrangements are contained within the Police Staff Council Handbook, April 2004 and are a condition of service. It is only in exceptional circumstances that the period of full pay in any sickness absence will be extended beyond the contractual arrangements. The Assistant Chief Constable People Development will consider these matters on an individual and monthly basis.

7.2 Enitlements - Special Priority Payments (SPP) & Competency Related Threshold

Payments (CRTP)

7.2.1 Line-managers should remind police officers that attendance will be taken into account when considering SPP.

7.2.2 National criteria exist for assessing commitment to achieving high levels of attendance in respect of CRTP applications. There is a facility to review CRTP but only following formal management action to improve attendance.

7.2.3 The CRTP & SPP guidance documents are available on the Force Intranet.

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8.

Medical Retirements

8.1 It is the intention of the Force to retain the skills of individuals wherever possible and an ill health retirement will only be considered following supportive management practice and medical interventions and where rehabilitation is not practicable or appropriate. 8.2 The Force has adopted the procedures outlined in Home Office Circular 21/2003, Police

Pension Scheme – The Better Management of Ill Health and these will apply to all Police officers.

8.3 In respect of Police staff, the Force Capability Policy and Redeployment Policy, available on the Force Intranet provide detailed guidance in respect of arrangements for medical re-deployment or compulsory retirement on grounds of ill-health.

8.4 Police Officers only - Regulation 33 Police Regulations 2003 – Dispute between

Force Medical Advisor and Officer’s General Practitioner

8.4.1 This Regulation deals specifically with circumstances where there is a difference of medical opinion on the officer’s fitness for duty, between the officer’s own medical practitioner and the FMA.

8.4.2 In such circumstances, the Regulations allow for the appointment of a third registered medical practitioner within 28 days of the difference of opinion coming to the attention of the police authority. The third practitioner will be asked to examine the officer and to report in writing to the other two, his/her opinion as to the officer’s fitness for duty. 8.4.3 In the first instance, the OHU will seek agreement from the doctor who issued the certificate, for the further examination to take place, and will seek to appoint a third medical practitioner who is acceptable to the doctor who issued the certificate and the FMA. However, where this is not possible, the police authority can appoint whichever third practitioner they deem appropriate.

8.4.4 Where the third practitioner deems that the officer is fit for duty, then the officer shall no longer be entitled to be absent from duty.

8.4.5 Where the doctor who issued the certificate does not agree to a further examination, then the officer shall no longer be entitled to be absent from duty. The opinion of the third practitioner shall be binding on both parties.

8.4.6 Line Manager to contact the relevant HR Business Team to seek advice on whether Regulation 33 is appropriate. The HR Business Team will contact with the OHU who will identify and write to a third practitioner, requesting an appointment for the officer’s examination.

8.4.7 OHU to write to the officer and their GP explaining that Regulation 33 has been invoked and arrange for appointment of 3rd Medical Practitioner. Back to Contents N.B. Timescales have been built into the Regulation and must be adhered to.

References

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