Sickness Absence Policy

1. Introduction

OCS recognise that there may be occasions when colleagues cannot attend work because they are unwell and want to support colleagues in returning to work as soon as possible. The Company wishes to create and promote a healthy and efficient working environment. However, sickness absence can impact our business, as well as our customers, clients and fellow colleagues, and it is therefore important for the Company to monitor and manage sickness absence in a fair and consistent manner.

This Policy outlines the Company’s approach to managing sickness absence and is accompanied by a ‘Short-Term Sickness Absence Process’, which is the process we will follow to deal with short-term sickness absence, along with a ‘Long-Term Sickness Absence Process’, which is the process we follow to deal with long-term sickness absences.

This policy only applies to sickness absence, for other absences from work such as time off to care for dependents or in the event of an emergency please refer to the relevant OCS policy.
Whilst on a period of sickness absence, colleagues should make every effort to expedite a return to work and should not engage in activity that may delay their recovery. It is therefore recommended that colleagues familiarise themselves with this Policy.

2. Who does this Policy Apply to?

This Policy applies to all OCS employees, including employees on regular-hour contracts, zero-hour contracts and fixed-term contracts.

Colleagues engaged on casual worker agreements, agency workers and contractors are not covered by this Policy and are managed under separate processes.

This Policy does not form part of an employee’s contract of employment and may therefore be amended at any time.

3. Links to Other OCS Employment Policies

There may be occasions where other Company policies apply rather than, or as well as, the Sickness Absence Policy. For example, the Disciplinary Policy may apply in cases:

• Where colleagues have not followed the Absence Reporting Procedure,
• If there are reasonable grounds to believe that a colleague’s sickness absence is not genuine,
• There is a noticeable pattern to absence,
• If a colleague gives inaccurate or misleading information about their sickness absence,
• There are periods of unauthorised absence (AWOL),
• There are concerns regarding lateness.

4. Definitions of Sickness Absence

Short-term sickness absence is broadly defined as frequent, recurring periods of sickness absence. Due to their short-term nature, these types of absences are likely to be self-certified but may also be covered by a Fit Note.

Long-term sickness absence, for the purpose of this policy, is defined as a period of absence that is, or is likely to be, continuous for 4 weeks or more.

5. Sickness Absence Reporting Procedure

When a colleague is unable to attend work due to illness, they must follow the Company’s ‘Absence Reporting Procedure’. This requires the colleague to contact their manager as soon as possible, ideally at least one hour before the time they are expected to attend work but should never be after their shift has already started, unless this is unavoidable.

Contact from colleagues should be made by telephone or via an absence management system, as we do not consider text messages, emails, messages on social media or contact from another person to be reasonable, unless the colleague is unable to call themselves (for example, if they are in hospital or suffering from an illness that affects their voice).

When a colleague contacts their line manager, they should inform them of the reason for the absence and its likely duration. The colleague should also make their manager aware of any urgent work that needs completing during their period of absence, so that their manager can arrange for it to be covered, if need be.

Colleagues who are required to report any absence through an absence management system (currently honeydew) must be provided with the contact details by their line manager. This only applies to colleagues who are informed they are required to use the absence management system. Colleagues who have not been asked to use an absence management system to report absence should contact their manager by telephone (as detailed above). If they have any questions about what is expected of them or the system, they must contact their line manager in the first instance.

If a colleague has more than one job at OCS, the colleague will need to follow this absence reporting procedure for each of their roles (i.e. reporting their absence to each of their line managers).

Failure to follow this absence reporting procedure correctly may be considered as misconduct, which may result in disciplinary action being taken. Additionally, if a colleague fails to report their absence to their manager altogether, their period of absence will be viewed as AWOL, which could result in the colleague’s pay being suspended until they have reported their absence and may be considered as gross misconduct.

If a colleague is taken ill during working hours and is unable to continue working, they should report it to their line manager before leaving work. Leaving work during working hours, regardless of how much time is remaining on the shift, will be classed as a period of sickness absence, and will therefore count toward a trigger point. Leaving work without first notifying a line manager may be considered as an act of misconduct.

6. Keeping in Contact

When a colleague contacts their manager to advise of their sickness absence, the colleague and manager should agree how they will keep in touch during the period of absence.

During the first week of absence, the colleague should contact their manager daily, unless otherwise agreed. If the absence lasts longer than a week and a Fit Note is obtained, the colleague and manager should agree on the frequency of contact, ideally being at least once per week.

It is important for managers and colleagues to keep in touch during a period of sickness absence in addition to the colleague providing Fit Notes and attending any absence review meetings. As a minimum, colleagues should contact their manager prior to any Fit Note expiring to advise on their progress, and whether or not they will be returning to work.

Colleagues should keep their manager updated with any new information about their health, including any progress and any timescales for return to work given by a doctor or other medical professional.
In situations where a colleague feels that the reason for their absence is to do with work, they should talk to their line manager or an alternative manager as soon as possible to resolve the issue.

Managers may contact colleagues on both short-term and long-term sickness absences from time to time for any reason that they deem appropriate, such as to monitor the colleague’s progress, to discuss something that they need to speak to the colleague about, or just to generally keep in touch. Where possible, this will be within the colleague’s usual working hours.

7. Sickness Absence Certification

If a period of sickness absence is up to, and including, seven calendar days in duration, colleagues are able to self-certify their absence without the need to obtain a Fit Note. Self-certification can be done by using the self-certification form available on the HR Intranet, or by asking their line manager for a copy. The form should detail the reason for the absence and should be signed by both the colleague and their line manager, with a completed copy being sent to the HR Service Centre to be retained on the colleague’s personnel file.

Colleagues who are absent for eight days or more must obtain a Fit Note from a Doctor, Nurse, Occupational Therapist, Pharmacist or Physiotherapist and forward a copy to their manager. Colleagues must provide a Fit Note to cover the full period of absence from the eighth day onward.

There may be occasions where a colleague is asked to obtain a Fit Note from a Doctor, Nurse, Occupational Therapist, Pharmacist or Physiotherapist before the eighth day of absence, however this will only be in exceptional circumstances.

In some circumstances, a colleague may be provided with a Fit Note from a Doctor, Nurse, Occupational Therapist, Pharmacist or Physiotherapist that states that they ‘may be fit to work’. These advise the Company that the colleague may be fit to return to work if certain conditions are met, such as working amended duties or reducing their working hours, for example. It is important that this Note clearly states the duties and hours the colleague can and cannot do, and the colleague should contact their manager to discuss this prior to returning to work. The manager should attempt to accommodate any adjustments as much as is reasonably possible to allow the colleague to return. However, if it is not possible, the Fit Note should be treated as if the Doctor, Nurse, Occupational Therapist, Pharmacist or Physiotherapist has advised that the colleague is not fit for work and the colleague will continue to remain in sickness absence.

Any periods of sickness absence which are not covered by a self-certification or Fit Note will be classed as unauthorised absence, so it is important that colleagues make sure the documents they provide cover the whole period that they are absent from work.

8. Sick Pay

During periods of sickness absence, colleagues may be eligible for Statutory Sick Pay (SSP) and/or Company Sick Pay (CSP), which will be paid in accordance with their contract of employment.

If a colleague qualifies for both SSP and CSP, CSP will be paid as the difference between SSP and the colleague’s normal wage. More information, including the current rate of SSP, is available at https://www.gov.uk/statutory-sick-pay.

Any payment of SSP/CSP is subject to the colleague complying with the Company’s Sickness Absence Reporting Procedure, including the notification and certification requirements.

SSP/CSP may be suspended in certain circumstance, including the following; however, managers should always contact MyER for advice before suspending a colleague’s sick pay and the colleague must be notified:

• The colleague doesn’t follow the Absence Policy, including the Absence Reporting Procedure, without good reason.
• The colleague doesn’t provide a required Fit Note.
• The colleague fails to attend a scheduled Occupational Health appointment without good reason or without notifying the Company and pay will remain suspended until the colleague attends a rescheduled appointment.
• Where a colleague is absent from work due to sickness absence during an investigation, or prior to a disciplinary, performance improvement, or other formal meeting.
• Where there is evidence that the colleague is behaving in a way that is inconsistent with the reason for their sickness absence or engaging in activities that are likely to delay recovery (e.g. other work, sports or hobbies).
• If the colleague is undergoing voluntary cosmetic surgery. If so, the Company may agree to let them take annual leave so that the colleague’s pay is not affected. It is recognised that some cosmetic surgery is necessary for medical reasons, so colleagues should discuss their specific circumstances with their manager.

Managers are responsible for monitoring a colleague’s sick pay and should notify Payroll of any changes to the colleague’s pay in the usual way.

9. Occupational Health

The Company may wish to refer colleagues to Occupational Health to get more information about their reason for absence, or about a condition that may affect their ability to perform their role.

Colleagues will need to provide consent in order for an Occupational Health referral to be made, and may also be asked for additional consent for their medical records to be reviewed by the Occupational Health Practitioner. All appointments will be confirmed to the colleague in writing directly from the Company’s Occupational Health provider.

Once an Occupational Health appointment has been scheduled, it is important that the colleague attends. If the colleague needs to rearrange the appointment, they must do so within the relevant timeframe stipulated in the appointment letter.

As colleagues are contractually obligated to take all reasonable steps to expedite their return to work, a colleague’s entitlement to Company Sick Pay may be affected if they refuse to consent to an Occupational Health referral when offered, or fail to attend a scheduled appointment without good reason or without giving the required notice to cancel or rearrange it. Colleagues who fail to attend an occupational health appointment without good reason may also be subject to disciplinary action.

Following an Occupational Health appointment, the Occupational Health Practitioner may produce a report detailing the findings of their assessment. Colleagues have the option to receive a copy of an Occupational Health report before it is released to the Company.

If a colleague refuses to consent to an Occupational Health referral, the Company may need to come to a conclusion regarding the colleague’s absence or their ability to perform their substantive role effectively on the basis of the information available. It is therefore recommended that colleagues provide consent to Occupational Health referrals, where possible, as this allows the Company to obtain a better understanding of their health condition(s) and therefore provides a greater possibility of adjustments being implemented to accommodate them.

10. Return to Work

Each time a colleague returns to work following a period of sickness absence, the manager must meet with the colleague to carry out a ‘Return to Work’ meeting. This meeting must take place on the day the colleague returns to work, or as soon as possible thereafter.

In the meeting, the manager and colleague will discuss the reason for the colleague’s absence, any concerns the colleague may have, the impact of the absence and any next steps as appropriate. Colleagues should tell their manager if they think there may be an underlying reason for their absence, particularly if it may result in repeat absences, or if they were absent for a work-related reason.

Managers who have access and use an absence management system (currently honeydew) must ensure return to work meetings are completed as soon as possible within this system and are accessible if required.

11. Phased Return

There may be occasions where a colleague is returning to work following a period of long-term sickness, and a phased return is recommended by Occupational Health or the colleague’s Doctor.

A phased return means that the colleague will return to work gradually, usually by building up their working hours and/or duties until they return to normal. Phased returns can usually last for 4-6 weeks but can be for shorter or longer periods based on the medical advice provided.

During a phased return, colleagues will only receive payment for hours worked within the phased period, unless they have contractual Company Sick Pay entitlement remaining, in which case the hours that a colleague does not work will be paid as Company Sick Pay. Managers should notify Payroll of any changes to a colleague’s pay in the usual way.

For clarity, a phased return will still be classed as a period of sickness absence for the purpose of an absence trigger.

12. Medical Incapability

Where a colleague is considered to be incapable of performing their role effectively, either due to prolonged or intermittent absences, their manager may need to consider permanently altering or ending the colleague’s employment with the business on the grounds of ill-health

Medical incapability should only ever be a last resort after all other possibilities of returning a colleague to their substantive role have been exhausted. Further information on this process can be found in the Long-Term Sickness Process.

13. Sickness Absence Trigger Points

OCS have an absence trigger in place to help manage the impact that short-term periods of absence have on our business. The trigger is:

• A total of 2 occasions in a rolling 3 month period, or;
• A total of 8 days or more absence in a rolling 12 month period.

* a rolling period is the time frame immediately before and including the first day of a period of sickness absence.

If a colleague has an absence level which is close to a trigger point, managers may, at their discretion, invite the colleague to an Informal Absence Review Meeting to discuss their levels of absence and see if there are ways to help them improve, as explained in the Short-Term Sickness Absence Process, or the manager may decide to progress to a formal Absence Review meeting and commence the formal Short-Term Sickness Absence process.

If a colleague breaches an absence trigger, they will be invited to an Absence Review Meeting to talk about their level of absence. At the end of the meeting, consideration will be given as to whether the colleague should be issued with a First Absence Warning. Absence warnings will be live for 12 months in duration, allowing the colleague an opportunity to improve their attendance.

If the colleague is within their probationary period at the time of breaching an absence trigger, their manager may consider addressing the concern by conducting a Probationary Review Meeting, rather than an Absence Review Meeting, and may result in a colleague’s probationary period being extended or failed.

If a colleague already has a live absence warning and they incur a period of sickness absence, the colleague may be invited to a further Absence Review Meeting to discuss their absence levels and to see whether things have improved since the warning was given. At the end of this meeting, depending on the level of warning that the colleague is currently on, they may be issued with a further absence warning, or their employment may be terminated.

At any Absence Review Meeting, the colleague will be given the opportunity to attend with a Trade Union Representative or OCS colleague.

All meetings regarding a colleague’s absence will be documented, and all information will be treated as strictly private and confidential. At all stages, the colleague will be advised of the outcome of each Absence Review Meeting in writing.

If a colleague has a disability and have breached an absence trigger because of it, consideration should be given as to whether a reasonable, alternative solution can be reached to accommodate the disability prior to issuing a formal sanction.

Periods of sickness absence that are related to pregnancy will be discounted for the purposes of this Policy. However, managers may request evidence of absences being related to pregnancy if they are persistent or intermittent.

More detail about the process can be found in the Short-Term Sickness Absence Process.

14. Sickness Absence and Holidays

If a colleague becomes unwell prior to or during a period of booked annual leave, so much so that they are subsequently too unwell to make use of their annual leave in the way that they had intended, they can ask for it to be cancelled and have their annual leave allowance returned to them, so that they can take it at another time. An example of this may be that a colleague is planning to travel abroad during their period of annual leave but become so unwell that they are unable to travel.

If a colleague becomes unwell whilst already on a period of annual leave and are unable to use the leave in the way that they had intended, they may also request that the annual leave be cancelled and returned to them in the same manner.

For the purpose of this policy, becoming “unwell” can include, but is not limited to, physical illness, injury, and mental illness.

However, colleagues will only be eligible to have their annual leave returned to them if they have followed the correct Absence Reporting Procedure, and provided a valid form of medical evidence to prove their unfitness during their period of annual leave (for example, the colleague would need to contact their manager to inform them of their sickness on the first day of annual leave or earlier, and provide a Fit Note from an appropriate medical professional including Doctor, Nurse, Occupational Therapists, Pharmacists or Physiotherapists or to cover the exact period of annual leave to be returned to them).

If approved, instead of using the colleague’s holiday entitlement, the period will instead be recorded as sickness absence and the colleague will be paid any sick pay that they are entitled to in line with their contract of employment. These periods of sickness absence will also count toward absence triggers.

If a colleague hasn’t been able to take their annual leave in the holiday year because they have been on long-term sickness absence, the colleague can carry up to four weeks of unused statutory annual leave into the next holiday year. Any paid holidays (including paid public holidays) taken in the same holiday year shall be deducted from the statutory 4 weeks’ leave prior to their carry-over. For example, if a colleague has taken 1 week of annual leave and then incurred a LTS absence, preventing them from using the rest of their leave for the whole of that holiday year, they would be entitled to carry over 3 weeks of statutory annual leave only.

Any annual leave that is carried over must be taken within 18 months of the end of the holiday year in which it was accrued (whether or not the colleague has returned to work). Otherwise, it will be lost.

A colleague on a period of long-term sickness can choose to take a period of paid annual leave whilst absent as long as it is requested in writing and approved by their line manager. Colleagues taking annual leave whilst on long-term sickness will receive full pay for the period in question, and it will not break the continuation of absence (i.e. when the colleagues returns to sick pay after the period of annual leave, it will still be classed as the same period of LTS absence rather than a separate period). Managers should inform Payroll for any agreements to ensure that the colleague is paid correctly. Annual leave should not be used to cover short-term periods of sickness absence.

15. Disability Related Absences

If a colleague thinks they have a disability, they should talk to their manager about it and discuss any reasonable adjustments that may be required.

If a colleague is off sick due to a disability-related illness, the manager will try to support a return to work, and may refer the colleague to Occupational Health to find out more about the colleague’s condition, such as how it may affect them at work and whether there are any adjustments the Company can reasonably implement to support the colleague.

Disability-related absences may count towards absence triggers in some circumstances; however, it may be a reasonable adjustment to agree upon adjusted absence triggers for colleagues with a disability, or to not include disability related absences when calculating absence triggers altogether. Doing so will allow the colleague to incur an above-standard number of absences, so it is important that the manager is able to accommodate this before agreeing to adjusted triggers.

Managers should seek further advice regarding disability-related absences from MyER.

16. Confidentiality and Medical Information

The reasons for a colleague’s periods of sickness absence will be kept as confidential as possible. There may be times where a manager needs to discuss a colleague’s medical condition with people other than HR, such as with a medical professional; however, agreement will be obtained from the colleague prior to sharing a colleague’s sensitive information.

Managers will maintain appropriate records of a colleague’s sickness absence, and any information will be retained in accordance with the General Data Protection Regulations (GDPR). Managers should contact the Data Protection team if they are unsure of their obligations under GDPR.

17. Further Support

Colleagues should speak to their manager if they have any questions about this Policy.

If colleagues require additional support or feel that they are unable to discuss their concerns with their manager, they can contact OCS’ Employee Assistance Programme (EAP) that provides entirely confidential advice and support to all OCS colleagues and is available 24/7.

Should managers need any advice regarding this Policy or require any template letters to correspond with colleagues in relation to this Policy, they are able to contact the MyER team.