Sickness Absence Policy Dec 2022 Dec 2024
Sickness Absence Policy Dec 2022 Dec 2024
Sickness Absence Policy Dec 2022 Dec 2024
EQIA required Y
Updated to reflect remote meetings with the college’s Occupational Health Service (November 2022).
Impact of changes
Staff will have an understanding of how occupational health referrals will work (November 2022).
________________________________________________________________________________________
SCOPE AND PURPOSE
Barnsley College or ITS (“the College”) has a duty of care to its employees and this policy and procedure is
designed to ensure the appropriate regard for staff wellbeing and assistance at times of sickness.
Staff are the college’s most important asset. It is therefore important that sickness absence is kept to a
minimum required for their wellbeing, through the operation of a responsible and consistent approach, which
ensures that they are treated in a fair, reasonable and sensitive manner.
BACKGROUND
This policy aims to support staff during sickness and to promote and facilitate a return to good health and to
work. It applies to all college employees. The aims and objectives of the policy and procedures are:
The above aims and objectives will be realised by means of a three way approach to sickness absence
encompassing:
Specialist advice and information.
Occupational health input.
Employee support mechanisms.
The employee should also telephone the absence line to report their absence.
Certification Required
Upon return to work a self-certificate must be completed and returned for all absences, including those of
seven calendar days or less (including weekends and bank holidays). This form asks for a statement of the
nature and duration of the illness.
A doctor's medical certificate is required for any absence over seven calendar days. Where a medical
certificate covers more than fourteen days, or where one or more certificates have been needed the college
may require the employee to obtain a final certificate stating their fitness to resume duties before returning to
work.
Where a doctor’s medical certificate includes advice relating to adjustments which may support a return to
work a meeting will be held with the employee to discuss this. This process may include referral to the
occupational health service for further advice and guidance.
The college reserves the right to require employees to provide a medical certificate for each and every
absence. Where this is required the cost will be reimbursed to the employee by the college subject to the
production of a receipt. Failure to comply with this will lead to suspension of pay for sickness absence.
The college has discretion to extend OSP in an exceptional case. The Principal will review the position of those
staff absent who are approaching the expiry of full or part paid entitlement and advise Human Resources.
Statutory Sick Pay (SSP), is a minimum payment which employers are required to make to eligible staff who
are absent due to illness. If staff are eligible for SSP, it will normally be subsumed by the payment of full
OSP, or will be paid in addition to half OSP, provided the two benefits together do not exceed normal full
pay.
In some cases employees will not be entitled to SSP in which case they may be entitled to claim benefit from
the relevant Government Department. Individuals may also receive payments from third parties, for example
as the result of an accident. Occupational Sick Pay, if paid, will be adjusted to take account of any such
benefit/s payable. It is the responsibility of the employee to staff to notify the college (HR) of any such
payments they receive.
The purpose of the interview is to discuss with the employee the reasons behind their absence, their fitness to
return to work, what support may be needed to facilitate the return (if any) and the completion of self-
certification documents/return to work details.
If as a result of the interview the manager has any concerns relating to the individual’s absence they should
raise this immediately with HR in order that the concerns can be discussed and appropriate action (if any)
taken.
Visits
The college has the right to contact employees (normally by telephone) during periods of sickness absence
and may send an employee to visit them at home, acting in the capacity of “Welfare Officer”. No visits will
normally be made without a prior appointment having been agreed with the employee. During such welfare
visits the employee has the right to be accompanied by a representative of a recognised trade union or work
colleague. The employee is expected to participate fully in this process
Medical Examinations
The college reserves the right to refer an employee at any time for a medical report from a qualified medical
practitioner having due regard to the procedures as laid down by the Access to Medical Reports Act 1988 and
the Access to Health Records Act 1990. This will include the employee’s own Doctor and/or specialist
Consultant or Occupational Health personnel contracted by the college.
If the manager knows or considers there are any health related problems which are impacting or may impact
on the workplace, they should seek appropriate HR advice before discussing the matter with the member of
staff.
The college recognises that employees fall ill from time to time and do not wish to pressurise staff to attend
for work for which they are not capable of doing. There are however instances where sickness absence, either
short term or long term can have an adverse impact upon the college and lead to pressure on colleagues,
reduced performance and increased costs. The college has procedures for dealing with both short term and
long term sickness absence which are detailed below.
HR will arrange for an employee to be examined by an OHS practitioner for assessment. The appointment
will normally be via telephone. In exceptional circumstances a home visit will be considered following
advice from OHS.
Where the OHS practitioner requires information from an employee’s Doctor, specific consent will be
requested in line with the Access to Medical Reports Act 1988 and Access to Health Records Act 1990.
The college reserves the right to refer an employee at any time for a medical report from a qualified medical
practitioner having due regard to the procedures as laid down by the relevant legislation. If an employee fails
to attend or to cooperate with the OHS or other medical investigations, then the college, in the absence of
proper medical information, will have no option but to make assumptions based on the information it does
have. In addition, it will be considered to be misconduct if a member of staff who has a contractual obligation
to attend OHS when requested refuses to attend. The matter will be dealt with in accordance with the relevant
disciplinary procedure.
All referrals for medical reports which are additional to the first report for any period of absence will only be
undertaken following referral to the college OHS.
* See below process for managing stress related absences and for further information on the Bradford
Factor
Stage 1:
A meeting should be held to discuss the absence with the member of staff to determine whether any
underlying medical reasons exist which are causing the absences. The employee will be entitled to be
accompanied at this meeting by a work colleague or trade union representative. A representative from HR
may also attend. If no underlying medical reasons at the Stage 1 meeting are identified a review period will be
agreed, with appropriate supportive measures if required, to help enable improved attendance to occur. This
will be confirmed to the individual, in writing, within 5 working days of the meeting.
If reasons are identified then a referral should be made to OHS. Following the OHS referral a meeting will be
held between the employee and their manager. The employee will be entitled to be accompanied by a work
colleague or trade union representative. A representative from HR will also attend. The purpose of the
meeting is to discuss any issues arising out of the referral and, if required, to ensure that the employee
understands the attendance levels expected of them. A record will be kept of the main issues and outcomes of
the meeting (including any support as appropriate), the timescale for improvement and assessment and a date
for review. A copy of the record will be given to the employee within 5 working days of the meeting.
Stage 2:
After the review period set out at Stage 1 and in the event that the level of absence does not improve, or where
a further trigger point has been met during the review period, the member of staff will be referred to OHS.
Following the OHS referral a meeting will be held as outlined at Stage 1 and a further review period, with
appropriate supportive measures, will be arranged.
At the end of the review period a further meeting will be held to discuss progress. The employee will be
entitled to be accompanied by a work colleague or trade union representative. A representative from HR may
also attend. If there has been sufficient improvement, the employee will be told this and no further action will
be necessary.
Stage 3: Disciplinary Action
If at the end of the review period there is insufficient improvement or there are continued, serious concerns
with the levels of absence during the review period and there are no genuine health reasons or disability-
related reasons that significantly contribute to their absence record, the employee will be advised that the
college disciplinary procedure will be invoked and a further meeting will then be arranged in accordance with
the procedure at which a verbal warning will normally be given. If acceptable standards continue to fall
below that expected, the remaining stages of the disciplinary procedure will normally be followed, up to, and
if necessary including, dismissal.
If, following referral and review there appear to be genuine health and/or disability-related reasons that
significantly contribute to the employee’s absence record, the relevant parts of this procedure for dealing with
long-term absence (below) will be followed. This may ultimately however include dismissal on the grounds
of capability.
Number of times absent x number of times absent x total number of days absent = BF
e.g. in the 12 month period an employee is off on two occasions. One time for one day and the other time for
two days. The score will be worked out as:
2 (no. of times they are off) x 2 (no. of times they are off) x 3 (total days off) = 12 (BF score)
Short term absence can be very disruptive to a service and can severely affect the performance of the
organisation and the services we provide. Short term absence can also put adverse pressure on colleagues as
short term absences are unpredictable. Repeated short term absence can also be the symptom of a more
serious health, work-related issue (e.g. stress or bullying) or personal problem, and so monitoring it using the
BF can help these problems be avoided.
The BF helps by monitoring sickness absence on a rolling 12 month period and picks up when an employee
reaches a score of 54 in a period of 12 consecutive months. This score is pro rata’d for part time staff, based
on their number of working days.
Stage 2: Meeting
Following referral a meeting will be held between the employee and their manager. The employee will be
entitled to be accompanied by a work colleague or trade union representative. A representative from HR will
also attend. At this meeting the following points will normally be discussed:
The prognosis for recovery, including how long the employee is likely to be off work, whether a
recurrence is likely, whether they are likely to make a full recovery or what adjustments would help
them return to work.
The impact of the illness and/or disability on their current role and the likely impact on their
colleagues and others.
Whether further medical reports are needed, including any specialists reports.
The likely consequences if the employee is unable to return to work.
Where the medical evidence suggests that the employee is unlikely to return to work in any capacity within a
reasonable timescale, ill health retirement will be considered. Where this option is being actively considered
the employee will be advised at the meeting and informed that a further meeting will be arranged (chaired by a
Senior Post holder) at which a final decision on the application of ill health retirement will be made. The
member of staff will be informed of their right to be accompanied to this meeting by a trade union
representative or work colleague. A representative from HR will also attend. The meeting will be held in
accordance with the procedure outlined at stage 3 below.
If the employee wishes to apply for ill-health retirement the college would consider supporting this option
depending upon the medical circumstances. This would necessitate a meeting at stage 3 as outlined below.
Where certain adjustments are feasible, and reasonable, the following alternative courses of action may be
considered and discussed/agreed with the member of staff at the meeting:
Redeployment
Where medical advice suggests that the employee will not be able to return to their normal duties, reasonable
opportunities for alternative work within the college will be considered. This may involve a change of grade
and rate of pay.
Reduction in hours
Where medical evidence suggests that the current hours of work are likely to present permanent difficulties, a
reduction or variation in hours will be considered. In such cases pay would reduce on a pro rata basis.
Where any of the options above are implemented, they will be confirmed in writing to the employee together
with a timescale to review progress. If, following the review meeting, (which will be held no later than three
months after implementation) no, or insufficient progress has been made, consideration will then be given to
ill health retirement or dismissal on the grounds of medical incapability. At this review meeting the employee
will be entitled to be accompanied by a work colleague or trade union representative. A representative from
HR will also attend.
Where the disruption to the workplace caused by the employee’s absence is such that continuing employment
is no longer manageable, dismissal on the grounds of medical incapability may be considered either at the
stage 2 meeting or at the review meeting following any adjustments that may have been made. Where this
decision to dismiss is considered the employee will be advised of this at the meeting and informed that a
further meeting will be arranged (chaired by a Senior Post Holder) at which a final decision will be made.
The member of staff will be informed of their right to be accompanied to this meeting by a trade union
representative or work colleague. A representative from HR will also attend.
Right to Appeal
An employee has the right to appeal against a decision to retire them on ill health or dismiss them on the
grounds of medical incapability.
The employee must write to the Vice Principal Corporate Services, setting out clearly the grounds on which
the appeal is based. The appeal must be made within ten working days of the dismissal being confirmed.
The appeal will take place without undue delay and where possible, within five working days of receipt of
their letter of appeal.
All information from the original meeting will be copied to the Manager hearing the appeal and the appellant
prior to the appeal hearing.
It is anticipated that the Chair of the original meeting will have responsibility for presenting the case for
management at the appeal hearing. Where this is not possible (for example where this may cause an undue
delay) the case for management shall be presented by the employee’s manager.
No new evidence may be presented at an appeals hearing without the prior agreement of all the parties.
The appeal will be heard by the Principal, or if the Principal was involved in the case, the appeal would be to a
panel of Governors convened in accordance with the procedures set out in the Procedure for Governors
Appeal Panels. The Principal, or panel of Governors, may endorse the original decision or may rescind it.
The outcome of the appeal will be confirmed in writing to the employee within five working days of the
meeting. This decision is final and there is no further right of appeal.
Monitoring
It will be the responsibility of the SMT lead to monitor the effectiveness of this policy by:
Assessing the nature and frequency of complaints or cases and identifying any patterns which need to
be addressed.
Monitoring individual complaints or cases to ensure that they are effectively resolved and that no
victimisation occurs.
As part of the process, the SMT lead will consult with the trade unions on changes to this policy and
procedures.
While this policy is to be followed by all employees of the college, it does not form part of an employee’s
contract of employment, unless explicitly stated.
1. Introduction
1.1 This scheme provides a supportive and constructive framework and sets out the rights, entitlements
and obligations of all support staff who are absent from work owing to sickness, injury or other
disability.
1.2 The College has a statutory obligation to pay Statutory Sick Pay (SSP) to those employees who are
eligible. This scheme also explains the regulations affecting entitlement to Occupational Sickness
Benefit and the effect of SSP on those benefits.
1.3 Failure to comply with this procedure may result in loss of payments and disciplinary action. This section
of the policy (Appendix 1) is part of the contract of employment.
2.1 Telephone your manager or nominated contact as soon as possible and by no later than 9.00am. You
should indicate the nature of your illness and how long you are likely to be absent. You should make this
call personally other than in exceptional circumstances.
Certification required.
2.3 On return to work a self-certificate must be completed and returned for all absences of seven calendar
days or less (including weekends and bank holidays). This form asks for a statement of the nature and
duration of the illness. Where a medical certificate is obtained from the first day of absence then a
self-certificate will not be needed.
2.4 A doctor’s medical certificate is required for any absence over seven calendar days. Where a medical
certificate covers more than fourteen days or where one or more certificates have been needed the
College may require you to obtain a final certificate stating your fitness to resume normal duties
before returning to work The certificates must be certified by a qualified Medical Practitioner.
2.5
2.6 If you have had an accident at work which has resulted in your absence you must report this to your
manager and an Accident Report Form must be completed as soon as possible after the accident.
6.2 The College has discretion to extend the entitlement in an exceptional case. The Principal will review the
position of those staff absent who are approaching the expiry of full or part paid entitlement and advise
Human Resources.
6.3 The amount of pay including, where appropriate, any statutory sick pay, whether paid or not, will not
exceed full (ordinary) pay.
6.4 In calculating entitlement, reference will be made to the total periods of absence due to illness during the
twelve months immediately preceding the first day of absence. (Unpaid leave of absence will not be
counted)
6.5 Where you receive sick pay, you will continue to receive sick pay if a public holiday occurs during sick
leave. Where you have exhausted your period of entitlement no payment will be made in respect of that
public holiday which occurs during the period of sick leave.
6.6 In the event of absence due to an accident attested by a Doctor nominated by the College to have arisen
out of and in the course of your employment, full pay shall be allowed. Normal notification rules will
apply. After six months the College will review the case with guidance from an appropriate medical
adviser and any supporting medical opinion to decide whether or not there is a case for extension of
arrangements or whether you will revert to normal arrangements. Any paid entitlement under this
category will not count against entitlement to paid sick leave.
6.7 Contact with an infectious disease should be notified to Human Resources. The advice of a medical
adviser appointed by the College and Health and Safety Adviser will be sought to determine the
precautions necessary. Any absence created by these circumstances will not be reckoned against your
entitlement to paid sick leave but the leave will be with pay.
6.8 If the absence is caused by the negligence of a third party in respect of which damages are recoverable,
you must advise the College immediately. The College may require you to refund a sum equal to the
aggregate of any sick pay paid to you during the absence or a part thereof as deemed appropriate. The
claim for damages being settled on a proportionate basis, the College will require full details and will
determine the actual proportion of sick pay to be refunded by you.
6.9 Entitlement to sick pay will cease if the absence from work is due to active participation in sport as a
profession or where the absence arises from, or is attributable to, your own negligence or misconduct.
7. Allowances and benefits to be offset against Occupational Sick Pay
7.1 The following allowances will be offset against any entitlement to full pay.:
7.1.1 The gross amount of Statutory Sick Pay receivable under the Social Security Contributions and Benefits
Acts 1992 (SSCBA) and Statutory Sick Pay (General) Regulations 1982 SI 1982/894.
7.1.2 The amount of sickness benefits and SSP receivable under the National Insurance Acts and Regulations
and under the provisions of the Social Security (Incapacity for Work) Act1994.
7.1.3 Any amount received as a treatment allowance. The dependency element only of the treatment allowance
will be deducted from sickness allowance. You will, therefore, be entitled to retain the personal element
of the treatment allowance.
7.2 You are obliged to declare to the College your entitlement to any benefits. If you fail to do so, the
College will be entitled to deduct the maximum such benefit obtainable.
7.3 If you are a widow or married woman who has opted out of paying full National Insurance contributions,
the amount taken into account when calculating your allowance under this scheme will be the amount
equal to the total state benefit and SSP receivable had full contributions been paid.
7.4 If you are a widow or a widowed mother, when calculating the amount of sick pay payable under this
scheme, only those benefits which are additional to those which you receive when you are in normal full
employment will be taken into account.
8. Medical
8.1 The College reserves the right to refer you at any time for a medical report from a qualified medical
practitioner having due regard to the procedures as laid down by the Access to Medical Records Act 1988
and the Access to Health Records Act 1990. This will include your own Doctor and or specialist
Consultant or Occupational Health personnel contracted by the College.
9.2 Where an award has been made by the Compensation Board, the College may, at its discretion, discount
the period of sick leave occasioned by the injury when calculating any future entitlement to sick pay
under this scheme.
10.2 If the College becomes aware that you have failed to comply with any requirement under this scheme, or
that you behave in a manner which might prejudice recovery, the payment of occupational sick pay may
be suspended and the College reserves the right to invoke the disciplinary procedure.
11.2 Statements to verify a certifiable period of illness should be obtained from a recognised medical
practitioner or hospital consultant in the country in which the illness has occurred and this should be
sent to the appropriate manager by the eighth day of absence and at regular intervals thereafter. A
statement of fitness to work on the termination of the illness should also be obtained if you are still
abroad at that time.
11.3 If you return to this country whilst still ill, you must immediately see your Doctor for treatment and
obtain another statement to verify the illness.
11.4 In both cases mentioned above, the College may require any medical reports made by the medical
personnel in the country concerned, to be provided for inspection by the GP or hospital consultant.
11.5 Where leave without pay is taken for holidays abroad, with or without the addition of paid annual
leave, contracts of employment will be suspended for any illness occurring during the period of
unpaid absence which will not come within the statutory sick pay scheme.
12 Cosmetic Surgery
Where you have undergone elective cosmetic surgery this should not be classed as sickness absence
unless specifically supported by a GP and/or Medical Consultant. Annual leave should be taken and
approval must be granted in the normal way
13.2 The purpose of the interview is to discuss with you the reasons behind your illness, your fitness to
return to work, what support may be needed to facilitate the return and the completion of self-
certification documents.
13.3 The College reserves the right to require you to provide a medical certificate for each and every
absence. Where this is required, the cost will be reimbursed to you by the College subject to the
production of a receipt.
13.4 The College may contact you (normally by telephone) during periods of sickness absence and
may send an employee to visit you at home, acting in the capacity of ‘Welfare Officer’. No visits will
normally be made without a prior appointment having been agreed with you. During such welfare
visits you have the right to be accompanied by a representative of a recognised trade union or work
colleague.