the management of absence of school based employees of...disability related sickness absence 5 6....

The Management of Absence of

School Based Employees

07/12

Unclassified

Contents

SECTION 1 – Guidance

1. Introduction 1

2. When an Employee is Absent from work for Medical Reasons

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3. When an Employee Returns to Duty 2

4. Concerns for Employees who are still at work 4

5. Disability Related Sickness Absence 5

6. Chronic or Terminal Illness 5

7. Taking Further Action 6

SECTION 2 - Monitoring and Procedures

1. Records and Monitoring 7

2. Short Term Sickness Absence 8

3. Short Term Sickness Absence Procedure 10

4. Long Term Absence Procedure 12

5. Points to Remember 16

APPENDICES

Appendix 1 Procedure for Notification of Absence

Appendix 2 Sickness Allowances

Appendix 3 Procedure for the Staffing Committee

Appendix 4 Procedure for the Appeals Committee

Appendix 5 Head Teacher Absences

Appendix 6 Questions for the Medical Adviser

Appendix 7 Access to Medical Report

Management of Absence Policy – School Based Employees 07/12

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Section 1 - Guidance

Introduction

(a) The Governors of School having adopted this policy on (date)

recognise that a collaborative approach to absence management, which involves Governors, the Head Teacher, employees and Trade Unions is essential for the success of the absence control process. We value the importance of employee welfare and we aim to achieve high levels of attendance through effectively managing sickness absence. This policy is designed to ensure that the Governing Body on behalf of the Authority operates consistently in dealing with cases of general sickness absence and disability related sickness absence, and that employees are treated equitably and with care.

(b) When people are ill, they feel at their most vulnerable and it is

important to support employees and treat them with sympathy and understanding.

The principles on which this policy is based are as follows:-

- Employees are entitled to a working environment and to

systems of work that do not create health problems, and in particular do not impose an undue level of stress.

- All employees are entitled to fair and equitable treatment in accordance with the Authority's commitment to equal opportunities.

- Sickness absence needs to be managed fairly and systematically to ensure the continued provision of high quality education.

All employees who suffer from serious or chronic ill health problems necessitating long periods of absence from work should be treated sensitively and sympathetically.

- Governors/Head Teacher/Managers and employees should be aware of Health and Safety requirements.

- At all stages in dealing with sickness, consultation and discussions with the employee and their representatives is essential.

- All issues relating to any individuals sickness will be treated in the strictest confidence.


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- All employees should be aware of and adhere to the procedures relating to sickness absence. Appropriate action in accordance with the disciplinary procedure should be taken against anyone who abuses the relevant sick pay schemes.

- All employees have a duty under the Health and Safety at Work Act, 1974 to take reasonable care of their own Health and Safety and of other persons who may be affected by their acts or omissions.

When an Employee is Absent from work for Medical

Reasons

Employees are required to notify their workplace if they are unable to attend for duty due to illness. (For the purpose of this document the term `illness' will be used as a generic term to cover all absences which are related to medical reasons.) The Procedure for Notification of Absence is detailed in Appendix 1. An initial contact regarding such absence is likely to be a telephone contact from either the employee or a relative/friend.

In most cases no further action will be necessary, until the employee returns to duty. However, when an employee is likely to be absent for a prolonged period of time, welfare visits to offer support to the individual may be arranged.

When an Employee Returns to Duty

In order to maintain an appropriate working environment and assist employees returning to work following an illness, a return to work contact will be carried out.

The nature of the return to work contact will vary according to the reasons for absence and any previous absence. In the majority of cases the discussion may only last a few minutes, the basic purpose being to recognise that an employee has been off work and to offer them support and encouragement on their return.

The Head Teacher is responsible for the management of absence of all employees. However, where there are a large number of employees the Head Teacher may nominate Managers to undertake the return to work contact for specific groups of staff.


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This contact will assist in:-

- Promoting communication between the employee and the Head Teacher or nominated Manager.

- Indicating the Head Teacher's/Manager's interest in the welfare of the employee.

The following checklist indicates possible areas for discussion during the return to work contact:

- Establishing the cause of the absence.

- Establishing whether the employee is truly capable or fit to resume their duties, by identifying any obvious symptom which may endanger the employee in their role at work.

- Establishing with the employee any issues relating to their return to work.

- Identifying any other underlying cause, eg domestic circumstances, work related problems, stress, etc.

- Giving the employee an opportunity, whereby, other facilities (eg counselling) can be instigated.

- Re-enforcing the policy and confirming the Head Teacher's role in the management of absence.

- Allowing discussion on the sickness record of the employee.

- Where the absence relates to a disability, exploring any

possible support or adjustments, which could assist the

employee in the post.

A return to work contact will be carried out for all employees, on each occasion of absence.

(a) The return to work contact will normally take place on the day of

return, or as soon as reasonably practicable and will be recorded by the designated manager on the final HR70 completed by the employee.

(b) The nature of the return to work contact will vary according

to the reasons for the absence and any previous absences eg after a short period of absence, an enquiry about an individual's health may be sufficient. This will be carried out by the Head Teacher or designated Manager.


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This discussion may last only a few minutes, the basic purpose is to recognise that an employee has been off work and to offer them support and encouragement on their return to work.

However for longer periods of absence a return to work pastoral discussion may be appropriate. This is particularly important and can prove most valuable to someone who has been absent for some time. They are likely to return to work unsure of themselves and may be concerned at the impact their absence has had on the school.

(c) The employee will be treated as sympathetically as possible and if

they prefer to discuss some issues with a member of the same

sex, eg with a friend or Trade Union representative present,

appropriate arrangements will be made.

(d) All contacts of this nature will be conducted confidentially, and

with a degree of sensitivity.

(e) The informal discussions will not be recorded formally on the employee's personal file but if it is felt appropriate the outcome may be recorded as an aide memoir and a copy will be given to the employee. The information contained within the aide memoir will be kept confidential.

(f) The nominated Manager will ensure that the Head Teacher is

kept informed of absence matters at all stages.

Concerns for Employees who are still at work

Where the Head Teacher or appropriate manager is concerned about an individual's health either mental or physical, perhaps due to deteriorating performance or uncharacteristic behaviour, and the employee is still at work, the Head Teacher/Manager may ask to speak

to the employee on an informal welfare basis. Furthermore, a

Governing Body or Head Teacher must take emergency action

when they consider an employee may have become medically

incapable of performing duties if this puts at risk the health,

education, safety and welfare of pupils. In such circumstances,

advice must be sought from the HR Services.


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Disability Related Sickness Absence

This Management of Absence Procedure for School Based

Employees incorporates the School’s obligations under the

Equality Act 2010. It contains measures to ensure that employees

who have a disability do not receive less favourable treatment.

Although not required to do so, under the Equality Act 2010, employees are encouraged to inform the School if they have a disability in order that appropriate support and adjustments may be put in place.

Head Teachers and Governing Bodies will need to be aware of their obligations under the Equality Act 2010 in the management of absence: not to unlawfully discriminate against a disabled person in the field of employment and to make a ‘reasonable adjustment’ where any physical feature of the employer’s premises, or any working arrangements, cause a substantial disadvantage to a disabled employee compared with a non-disabled employee. This includes considering redeployment to an alternative vacancy, where practicable.

Where an employee becomes disabled during the course of his or her employment or the effects of an employee’s existing disability worsens, the School will endeavour, where this is possible, to make reasonable adjustments in order to accommodate the individual in employment. This may include redeployment to another post, if this option is available.

The employee has an obligation to comply with the Head Teacher’s offer to make reasonable adjustments, which may include redeployment to an alternative post.

Chronic or Terminal Illness

If an employee has a chronic or terminal illness, appropriate support and contact will be given. The individual's wishes will be of paramount importance and such cases will be dealt with sensitively and confidentially.


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Taking Further Action

The Head Teacher will maintain records of employee absences to monitor the level of attendance of all employees. Section 2 details the purpose and procedure that will be followed.

In order to fairly and systematically manage sickness absence, to ensure the continued provision of high quality education, where an employee’s absence falls within the criteria detailed below, the Head Teacher will follow the appropriate procedure(s) set out in Section 2.

Short Term Sickness Absence

Where an employee has been absent due to sickness for more than 3 occasions (not including industrial injuries or illnesses) in the previous 6 calendar months or has been absent for more than 10 working days (pro rata for part-time employees) in the previous 12 calendar months. Refer to Section 2(2) (see note (i) below).

Long Term Sickness Absence

Where an employee has been continually absent, due to certified ill health, for a period of 6 calendar weeks. Refer to Section 2(4) (page 15) (see note (i) below).

Note (i)

The "trigger points" regarding the number of absences are simply "trigger points" for Head Teachers to look at on employee's case to see if any action needs to be taken. In the majority of cases, no action, other than a welfare visit in the case of long term sickness absence, may be needed.


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Section 2 - Monitoring and Procedures

Records and Monitoring

(a) The purpose of sickness monitoring is not just to monitor individuals, but also to identify trends and work situations that are leading to an increase in absence due to increased workloads, work related illnesses, industrial injuries, or stress. Where trends are identified investigations and assessments will occur and any appropriate remedial action taken.

(b) An effective monitoring procedure is essential to ensure fairness

and consistency across the Authority, to detect patterns and

trends within groups of employees or individuals and to assist in identifying possible causes for these.

(c) Complete and accurate records will be maintained for all

employees to enable sickness absence to be monitored.

The following records will be held:

(i) First day of absence, including the time of notification.

(ii) Last day of absence.

(iii) Number of working days lost.

(iv) Reason for absence.

(v) Nature of certification, eg self-certification or medical certificate.

(vi) Whether the absence is due to an industrial injury or illness.

(vii) Whether the absence is related to the employee’s disability.

(d) Recording and monitoring sickness absence is the responsibility of the Head Teacher.

(e) Where procedures relating to short or long-term absence are followed a written record of all meetings, copies of correspondence etc will be maintained, on a confidential basis.

(f) Records will be kept of discussions with employees about

any absences which may be related to an employee’s

disability.


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(g) Records will be kept of any adjustments to a disabled

employee’s working arrangements to support the employee

in performing their duties.

(h) The Head Teacher will report annually to the Staffing Committee

details of the overall level of absences in the school and any identified trends.

Short Term Sickness Absence

Where an employee has been absent due to sickness on more than

3 separate occasions (not including industrial injuries/sickness) in the previous 6 calendar months, or has been absent for more than

10 working days (pro rata for part-time employees) in the previous 12 calendar months, the following will apply:-

(a) The Head Teacher will carefully consider the particular

circumstances of each individual case especially regarding

employees who have a disability (eg the reasons given on the HR70/Medical Certificate). This will not automatically result in a formal course of action being taken.

(b) Where the Head Teacher or designated Manager, following due consideration, has cause for concern about the level of absence of an employee, the following courses of action will be taken, as appropriate:-

NOTE:

Notes of meetings at all stages should be kept on file for

future reference. All notes should be treated in strictest

confidence.

(i) The Head Teacher will informally interview the employee to express concern at the level of absence and to determine any underlying cause. Where having discussed the situation with an employee, the Head Teacher determines that further action, as suggested below, is required, a further meeting shall be arranged and if an employee so wishes, they can be represented at that meeting.


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(ii) Additionally, the Head Teacher may request medical certificates to be produced in respect of all future absences, this request to be confirmed in writing to the employee, and will reimburse the employee for the cost of medical certificates provided.

(iii) The Head Teacher may decide that a medical opinion is required. This will be obtained through the Council's Medical Advisor or the employee’s GP. In this instance the Head Teacher will contact an officer in HR Services and appropriate arrangements will be made. In these circumstances, it is important that the right questions are asked of the Medical Adviser (see Appendix 6 - Questions for the Medical Adviser).

(iv) Where the Manager assesses that the absences may be related to an employee’s disability they should obtain from the Medical Adviser, advice on the employee’s condition and the current and predicted impact on their ability to carry out their current duties. Advice should be sought about any reasonable adjustments which could be made to the employee’s duties or other working arrangements to enable the employee to improve their attendance.

(v) When a medical report has been requested and received the employee will be interviewed again to review the individual circumstances in the light of the additional information.

(vi) The Head Teacher may set realistic targets* for future attendance, over a period not exceeding 12 calendar months. The employee will be informed that if these targets are not reached, it may result in formal proceedings being instigated. This will be confirmed in writing.

(vii) In determining targets for attendance, the Manager

should take into account any medical advice which

states that the employee is likely to be absent from

work during the specified period because of the effects

of a disability. It will be regarded as a reasonable

adjustment to make reasonable allowances for an

additional level of sickness absence in determining

targets for attendance.


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(viii) The Manager will set a review period for assessing the

effectiveness of any adjustments made to the

employee’s duties or working arrangements.

(ix) Where targets* have been set for future attendance and have not been met the Head Teacher will refer to the HR Services for a medical report before taking any action relating to the short term sickness absence procedure.

*Where targets have been set for future attendance, the

word target is used merely to indicate that for the revision period, there is a clearly understood "expectation" by all parties of attendance.

Short Term Sickness Absence Procedure NOTE:

Minutes of meetings at all stages should be kept on file for future

reference. (A copy of these notes should be made available to the

employee.) All documentation should be treated in strictest

confidence. (a) Where targets which have been set in accordance with

Para 2(b)(v) above, have not been reached, a formal interview with the employee and their representative, will be convened

whilst at work and the following principles will be observed:

(i) Formal notification to the employee, in writing, giving 5 working days notice of date and time.

(ii) The right of the employee to be represented.

(iii) the right of appeal. (At all formal stages of the procedure the employee will be informed of their right of appeal.)

(b) At all formal interviews, the Head Teacher will take into consideration the following:

- The nature of the illness, including any underlying cause.

- The likelihood of recurrence or of some other illness arising.

- The length of the various absences and the times in between them.

- The need for the work to be done by the particular employee.


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- The impact of the absences on others who work with the employee.

- The possibility of temporary or permanent alternative employment.

- All medical information and recommendations.

- The representations made by the employee and their representative.

- The age, length of service and past record of the employee.

- The impact on the functioning of the school.

- Any other relevant substantial matter.

- Whether the employee’s absence is related to a disability.

- The effects of the employee’s disability on the absence(s).

- The need to make any reasonable adjustments to enable the employee to return to work/improve their attendance, particularly where the absence is related to disability. This may include considering redeployment to an alternative post.

Stage 1

If the Head Teacher, after due deliberation, assesses that there is a matter of concern, a formal letter will be issued indicating further targets which are to be set for a period not exceeding 8 calendar months and that further action under this procedure will be taken if these targets are not met.

A second interview will take place even if the matter has been resolved. This will provide a formal acknowledgement of the achievement of targets set.

Stage 2

However if absence problems continue and these further targets are not being met during the period laid down, the Head Teacher will refer to HR

Services for a medical report to be obtained from the Occupational

Health Specialist. A second formal interview with the employee and

their representative will be convened. If at this stage, the Head Teacher assesses that there is still a matter of concern, a final letter will be issued indicating further targets to be set for a period not exceeding 12 calendar months. The letter will state that failure to comply with these targets may result in dismissal.


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A representative of the Director of Children’s Services has the right to attend this meeting in an advisory capacity.

Stage 3

If these final targets are not met the Head Teacher will contact HR Services to request that the employee be referred to the Council's Medical Adviser, to ascertain the employee’s ability to undertake his/her duties. A meeting of the Staffing Committee of the Governing Body will be convened. The Head Teacher will present a report to the Staffing Committee which will include the information received from the Authority's Medical Adviser. The employee will be afforded the opportunity of a personal hearing with the Committee. The procedure for this meeting is attached as Appendix 3. A representative of the

Director of Children’s Services must attend this meeting. If at this stage, the relevant Committee of the Governing Body ie the Staffing Committee, having taken into consideration the medical opinion and the information submitted by the employee, assesses that the absence level

is unacceptable the employee may be dismissed. If dismissal is not

appropriate, the Staffing Committee may set a further target in

accordance with Stage 2. The decision of the Committee will be notified to the employee, in writing, within 3 working days of the hearing.

Appeals against any action determined in Stage 1, Stage 2 or Stage 3 will be considered by the Appeals Committee of the Governing Body.

If a period of redeployment or other alternative agreed action fails

within the timescale agreed by all parties, the employee will re-

enter the procedure at the stage that the course of action was

agreed.

Long Term Absence Procedure

(a) the Head Teacher is responsible for the management of long term absence in schools.

(b) It should be recognised that this procedure is designed to ensure that the Council and Governing Bodies operate consistently in dealing with cases of long term absence and that employees are treated equitably and with care. The decision to commence this

procedure is that of the Head Teacher. The employee must also

be notified of their right to representation throughout this

process.


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(c) A welfare visit should be arranged within a period of

4 calendar weeks continued absence. The purpose of the

welfare visit should be to ascertain the employee’s health

position and offer any assistance or support. The employee

should be informed that the process is informal, but formal

procedures will commence when 6 weeks from the

commencement of absence have elapsed.

(d) The commencement of formal procedures should only be

considered when an employee has been continually absent,

due to certified ill health, for a period of 6 calendar weeks.

Prior to this contact should be made by the Head Teacher or

delegated representative of the school, with any potential

long term absentee.

Stage 1

Contact will be made with the employee in order to establish the present

position/circumstances relating to the absence and if possible, assess

the likelihood of a date for a return to work. This will take the form of a

discussion (through a home visit or at the workplace) between the

employee and Head Teacher.

Employees must be given 5 working days notice of such a meeting

and be informed of their right to representation.

It is important that the Head Teacher maintains contact with the employee, whilst they are absent, not only to find out how they are, but to explain what action will be taken in relation to their absence.

Although there will be sickness certificates from the employee's General Practitioner, where possible, the Head Teacher will discuss the likely length of absence with the employee. If at this stage it is clear that the employee has an expected return date and that there will not be a recurring/ subsequent problem, it may be decided that nothing further should be done, except keeping in touch, eg absence for six weeks due to a broken leg; absence for two to four months for a hysterectomy.

It is important that the employer acts reasonably in these

circumstances. It is also important that an individual who has

been absent for a long period is offered support to help them to

settle back into the job and the school.


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If, however, the length of absence is unclear or on-going the Head Teacher will need to establish a clearer position. At this stage, unless an imminent date of return is stated, the case will be referred to the Authority's Medical Adviser. (Arrangements will be made via the HR Service.) Examples of possible questions which may be asked of the Medical Adviser are given in Appendix 6.

Stage 2

Upon receiving the report from the Authority's Medical Advisor, contact will be made with the employee and, where appropriate, a further meeting, with all parties involved at Stage 1, will be arranged. The purpose of this meeting is to discuss the response from the Authority's Medical Officer and for all parties to give considerations to options available to the employee (ie Return to work, Medical Retirement, redeployment, permanent or temporary alternative/lighter duties, part-time work, etc). It will be necessary to allow the employee, advised by their representative, time to consider any options that may be identified. Where an issue of dispute arises regarding the employees medical condition, it may be necessary to refer the case to an Independent Medical Adviser.

Stage 3

A further meeting will be arranged within a period of no longer than 4 calendar weeks in order to review the situation and respond to any developments that may have occurred. This period may be extended where the employee’s absence is related to a disability. A representative of The Director of Children’s Services must be notified by the Head Teacher of their intention to hold a meeting at Stage 3 and has the right to attend the meeting in an advisory capacity. At the conclusion of this meeting, the Head Teacher will make a decision regarding the appropriate course of action ie whether it is appropriate to refer the matter to the Staffing Committee of the Governing Body.

In reaching this decision the Head Teacher in conjunction with the

employee and HR representative where appropriate, will give full consideration to the criteria listed below:

The up-to-date medical position of the employee concerned.

- Is it appropriate to await further developments (ie referral for treatment)?


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- Will the future performance of duties by the employee be seriously impaired due to the nature of the illness?

- Is there a likelihood of return to work?

- Is there a safety risk if the employee returns to work?

The implication of the absence upon the workplace.

- Can the absence be satisfactorily covered by a temporary employee?

- What are the implications upon efficiency and cost?

- What effect is the absence having on other employees?

- Is the employee in a `key' position at the workplace?

What alternative courses of Action exist? - Is a Medical Retirement available?

- Has reasonable alternative employment been identified/offered?

- Can lighter duties be offered?

- Could duties/shift patterns/working hours be amended to facilitate a return?

- Have any external assessment/support processes been examined?

- Have any other reasonable adjustments to the

employee’s duties or working arrangements been

considered?

The Terms of the Employees Contract

- The anticipated length of future employment (ie Temporary or Permanent Contract).

- The length of service of the employee.

Has adequate consultation/contact been maintained with the employee (and their representative) throughout the absence?

Upon considering the criteria above the Head Teacher will identify an appropriate course of action for recommendation to the Staffing Committee of the Governing Body, balancing the interests of the employee and the School. The Head Teacher will write to the employee


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(a copy of the letter will be sent to the employee's representative) giving his/her decision following consideration of the above, identifying any course of action to be taken. If the Head Teacher has decided to refer the matter to the Staffing Committee, the employee will be informed that unless there are any positive developments in the present circumstances which may change that decision, within a period which shall not exceed 8 calendar weeks, procedures will be commenced for consideration of the employees situation, which may result in dismissal.

This period may be extended where it has been established that

the employee’s absence is related to a disability. (See Stage 4

below.)

Stage 4

The Head Teacher will produce a report to the relevant Committee of the Governing Body, outlining the facts of the case and detailing their consideration of the criteria mentioned within this procedure. This report will form the basis of a hearing, at which the employee (and/or their

representative) will be present. A representative of the Director of

Children’s Services must also attend this hearing. (Refer to Appendix 3.)

As a result of the hearing the Committee may determine that the

employee should be dismissed or decide upon an alternative

course of action. The employee shall be informed of their right of appeal against the decision to the Appeals Committee of the Governing Body.

The decision of the Committee will be notified to the employee within three working days of the hearing.

Stage 5

Appeal to the Appeals Committee of the Governing Body.

(PROCEDURES FOR CONDUCT OF STAGE 4 AND 5 MEETINGS ARE ATTACHED AS APPENDIX 3 AND 4.)

Points to Remember

Governing Bodies as employers, must have followed the correct procedures and should have acted reasonably throughout the process, when dismissing an employee on the grounds of short term or long term absence.


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The LA as employer and Governing Bodies must seek medical advice.

Employees have certain rights under both the Access

to Medical Reports Act 1988 and the Access to Health

Records Act 1990. These rights are outlined in

Appendix 7.

Long term sickness absence with underlying medical conditions should be treated differently from short term absences where there appear to be no underlying medical conditions.

Where there is evidence of abuse of the sick pay scheme the matter should be treated as misconduct, and normal disciplinary procedures followed.

Governing Bodies/Head Teachers/Managers can help to

minimise absence by ensuring that they fulfil their Health and

Safety responsibilities and that good physical working conditions are reached and maintained.

Governing Bodies as employers have an obligation to take into consideration an employee's mental as well as physical health and safety in the workplace. It is important to remember that an employer has a duty of care to its employees and failure to carry out this duty could result in legal redress.

An employee who is deemed no longer able to carry out the

duties of their post because of ill health or disability, may be

placed on the “At Risk” list of employees to be considered

for redeployment. HR Services will provide support to the

employee in preparing for and obtaining redeployment to an

alternative post within the Council.


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Appendices APPENDIX 1

Procedure for Notification of Absence

(a) The initial stage of the Management of Sickness Absence is the notification by the employee that they will be absent from their place of work.

(b) Head Teachers must inform all staff of the school’s sickness

absence reporting procedure. Details of the procedure should

include the time by which initial notification must be made and to

whom it must be made and deadlines for submission of HR70s and

doctors notes. All employees should also familiarise themselves

with these arrangements. (c) The following steps for initial notification will apply.

(i) Employees must phone in on the first day of absence in

accordance with school reporting procedures.

(ii) If employees are away for three days or less a Form HR70 must be completed and handed in on the day of return.

(iii) If an absence is of four days duration or over (including Saturday and Sunday) a Form HR70 must be completed on the 4th day and

forwarded in accordance with the following:

First day of Sickness HR70 must be submitted by

Monday Thursday

Tuesday Friday

Wednesday Monday

Thursday Monday

Friday Tuesday

Saturday/Sunday Wednesday

(iv) After a period of sickness absence of more than seven consecutive days, it is then necessary for a doctor’s medical certificate to be obtained and forwarded, in line with established arrangements. Further medical certificates need to be sent in, as necessary, to cover the whole period of absence.


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(v) Upon return to work a Form HR70 is to be completed and handed

in, in line with established arrangements. (d) In certain circumstances, advance notification of return to work may also

be required.

(e) Failure to comply with this procedure will normally result in loss of

pay, unless there are mitigating circumstances.

(f) Doctors’ medical certificates are provided free of charge after seven

days absence. If certificates are required by the school for periods

of seven days or less absence, the costs incurred by the employee

will be reimbursed by the school.

(g) All absences resulting from an industrial injury or illness will also require

doctors’ medical certificates, to cover the whole period of the absence.

(h) The employee should inform the Head Teacher if they feel the

reason for their absence is connected to their disability. This will

assist in ensuring that reasonable adjustments can be made.

(i) Where an employee has informed the Head Teacher, a record will

be kept of any absences which may be connected to an

employee’s disability.


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APPENDIX 2

Sickness Allowances Subject to the provisions of the relevant Conditions of Services, ie the Burgundy and Green Books, employees will be entitled to receive contractual sick pay in any 12 month period on the following basis:

ALL NJC EMPLOYEES Following implementation of Sandwell Single Status the provisions of the sick pay scheme will apply as per the National Agreement (Green Book). Within any span of 12 months, the scheme provides the following allowances:

Service Allowance

Full Pay Half Pay

During 1st year 1 month 2 months (After completing

four months service)

During 2nd year 2 months 2 months

During 3rd year 4 months 4 months

During 4th and 5th years 5 months 5 months

After 5 years 6 months 6 months

Please refer to leaflet P.74 for further information.

TEACHING STAFF

During 1st year of service

- full pay for 25 working days and after competing 4 calendar months service, half pay for 50 working days.

During 2nd year of service

- full pay for 50 working days and half pay for 50 working days.

During 3rd year of service


During 4th and successive years


For the purposes of calculating allowances payable, the year will begin on 1st April and end on 31 March the following year.


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APPENDIX 3

Procedure for the Staffing Committee If the absence is referred to the Staffing Committee of the Governing Body,

the Director of Children’s Services must be represented at this meeting.

The employee, her/his representative and a representative from The

Director of Children’s Services shall be given not less than 10 working days notice of the date, time and place of the meeting of the Staffing Committee and the Committee shall hear the case in accordance with the following procedure:- (a) The Head Teacher shall put the case in the presence of the employee

and her/his representative.

(b) The employee (or her/his representative) shall have the opportunity to ask questions of the Head Teacher.

(c) The members of the Committee shall have the opportunity to ask questions of the Head Teacher.

(d) The employee (or her/his representative) shall put her/his case in the presence of the Head Teacher.

(e) The Head Teacher shall have the opportunity to ask questions of the employee (or representative).

(f) The Committee shall have the opportunity to ask questions of the employee (or representative).

(g) The Head Teacher and the employee (or her/his representative) shall have the opportunity to sum up their case if they so wish.

(h) The Head Teacher, the employee and her/his representative shall withdraw.

(i) The Committee with the Clerk to the Governors and the Director of Children’s Services (or representative) shall deliberate in private, only recalling the Head Teacher and the employee (and her/his representative) to clear points of uncertainty on information already given. If recall is necessary, both parties shall return notwithstanding only one is concerned with the point giving rise to doubt.

(j) The Committee shall announce the decision to the Head Teacher and the employee (and her/his representative) personally.


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If the Committee, after considering the information presented determine that the employee should be dismissed, the employee shall be advised accordingly and the dismissal will take place with the notice prescribed by the employee's contract of employment. The notice shall be effective from the date upon

which the decision is communicated to her/him by the Director of Children’s

Services. The Committee may decide that a payment in lieu of notice be paid to the employee and that her/his dismissal be effective from the date upon

which the decision is communicated to her/him by the Director of Children’s

Services. The employee will be informed of their right of appeal against the decision to the Appeals Committee of the Governing Body. The decision of the Committee will be notified to the employee in writing within 3 working days of the hearing.

NOTE:

All personal information considered at this stage, must be treated in

confidence.


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APPENDIX 4

Procedure for the Appeals Committee

The employee should notify the Clerk to the Governing Body in writing that he/she wishes to appeal. This notification should be within 10 working days of receipt of the decision of the Staffing Committee. If the employee appeals against the decision of the Staffing Committee the matter shall be dealt with by the Appeals Committee of the Governing Body.

The Director of Children’s Services must be represented at the meeting of the Committee. The employee and her/his representative shall be given not less than 10 working days notice of the date, time and place of the meeting of the Committee at which the appeal is to be heard. The Committee shall hear the case in accordance with the following procedure:- (a) The Chair of Staffing Committee shall put the case in the presence of

the appellant and her/his representative, and may be assisted by the

Head Teacher.

(b) The appellant (or her/his representative) shall have the opportunity to

ask questions of the Chair of Staffing Committee/Head Teacher on the information given by them.

(c) The Appeals Committee shall have the opportunity to ask questions of

the Chair of Staffing Committee/Head Teacher.

(d) The appellant (or her/his representative) shall put his/her case in the

presence of the Chair of Staffing Committee and Head Teacher.

(e) The Chair of Staffing Committee shall have the opportunity to ask questions of the appellant (or representative).

(f) The Appeals Committee shall have the opportunity to ask questions of the appellant (or representative).

(g) The Chair of Staffing Committee and the appellant (or her/his representative) shall have the opportunity to sum up their cases if they so wish.

(h) The Chair of Staffing Committee and the appellant and her/his representative shall withdraw.


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(i) The Appeals Committee and the Clerk to the Governors and the

Director of Children’s Services shall deliberate in private only recalling the Chair of Staffing Committee and the appellant (and her/his representative) to clear points of uncertainty on information already given. If recall is necessary both parties shall return notwithstanding only one is concerned with the point giving rise to doubt.

(j) The Appeals Committee shall announce the decision to the Chair of Staffing Committee and the appellant (and her/his representative) personally.

The decision of the Appeals Committee shall be notified in writing to the appellant by the Clerk to the Governors and a copy of the letter shall be retained on the appropriate employee's personal file. There shall be no further right of appeal under this procedure. However, nothing in this procedure shall be construed to limit an employee's rights under the Employment Right Act, 1996 or any other enactment.

NOTE:

All personal information considered at this stage, must be treated in

confidence.


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APPENDIX 5

Head Teacher Absences

1. When a Head Teacher is absent from work for medical reasons, he/she should notify their workplace and submit HR70's and Doctors notes in accordance with the Procedure for Notification of Absence (detailed in Appendix 1).

2. When a Head Teacher returns to duty, the return to work contact should

be carried out by the Deputy Head Teacher as part of his/her management role. The nature of this contact will vary according to the reasons for the absence and any previous absence, however, on most occasions this will be a short discussion to recognise that the Head Teacher has been off work and to offer them support and encouragement on their return. If the Deputy Head Teacher or Head Teacher feel that such arrangements are inappropriate, the Chair of the Governing Body may support or replace the Deputy Head Teacher during this contact.

4. The Deputy Head Teacher, in liaison with the Chair of the Governing

Body, will monitor the absences of the Head Teacher. Any action relating to the short term or long term sickness absence procedure, in line with the guidance within the main document, will be carried out by the Chair of the Governing Body. In all cases, the Chair of the

Governing Body will notify the Director of Children’s Services where action reaches stage 2 of either the short term or long term absence

procedure. A representative of the Director of Children’s Services

has the right to attend such meetings in an advisory capacity. In cases

where action reaches Stages 3 and 4, The Director of Children’s

Services must attend such meetings in an advisory capacity. 5. Head Teacher absences should be included on the monthly sickness

return and submitted to HR Services following the usual procedure.


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APPENDIX 6

Questions for the Medical Adviser The Medical Adviser will be requested to consider the employee’s ability to carry out the duties of their existing job referring to their current job description. The following list gives examples of possible questions which may be asked of the Medical Adviser.

Is the absence related to an employee’s disability?

If the employee’s condition has worsened or is likely to worsen, what adjustments could be made to support the employee’s continued employment in the post?

Is there an underlying medical cause?

Is the employee’s condition work related?

What are the effects of the condition on the employee’s capability to perform the duties of the post?

If the effects of the employee’s condition are temporary, how long are they likely to last?

What functions could the employee perform with reasonable adjustments?

Could any reasonable adjustments be made to accommodate the employee in the post?

Is the employee able to continue in the post?

Should a transfer to another suitable post be considered?

Is ill health retirement appropriate?

Where the employee is being considered for transfer to an alternative vacancy, their abilities will be assessed against the new job description. In this case, the Medical Adviser should be asked:

What functions of the alternative post could the employee carry out with reasonable adjustments?

The report to the Medical Adviser should also include information on what alternative or lighter duties are available.


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APPENDIX 7

Access to Medical Report Employees have certain rights under both the Access to Medical Reports Act 1988 and the Access to Health Records Act 1990. Under the Access to Medical Reports Act 1988, an employer cannot apply for a medical report from a doctor who has been responsible for the employee’s health without the employee’s written consent. The employee also has the right to see the report before it is sent to the authority’s medical Adviser. The employer is also required to inform the employee of their rights. This Act applies to all enquiries in cases of ill-health, capability, early retirement and inclusion in a pension scheme. Under the Access to Health Records Act 1990, every patient has the right of access to both their written and computerised medical records compiled since 1st November 1991. The medical forms developed by the Council, in conjunction with the Council’s Medical Adviser, take on board the provision of this legislation.

the management of absence of school based employees of...disability related sickness absence 5 6....

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