If you are ill
Sickness Policy
Introduction
This policy sets out the way in which the FSA will manage the absence of its employees through illness and your responsibilities if you are absent. The aims of the procedure are to treat all employees fairly and consistently and to maximise attendance within the FSA.
Scope
This policy applies to any absence that is a result of sickness or injury. It does not include holiday, maternity leave, parental leave or time off for public duties. Separate provisions cover compassionate leave and time off for dependants and only the section relating to monitoring of absence will apply to these types of leave. The policy applies to all employees including those on fixed term contracts.
Reporting procedures
If you are absent from work due to sickness or injury you should report your absence to your line manager by 9.30 a.m. on the morning of your first day of absence. If you cannot contact your line manager, you should inform another local line manager or the HR Helpline. If you fail to report your absence your Line Manager will contact you, initially by telephone, and if this is unsuccessful by letter. During your absence, you must maintain regular contact with your line manager.
Your line manager will inform the HR Helpline immediately if you have any absence during a period of notice, a probation period or as soon as your absence has lasted for more than 7 days.
Return to work procedures
Less than seven days absence
When you return to work after no more than seven days absence, including weekends, you must self-certify your illness on a sickness notification form which is obtainable from Connect+. This form will also be used for Statutory Sick Pay purposes. A sickness notification form must be completed for any period of sickness absence in excess of one day (even if you are not eligible to payment for the absence).
More than seven days absence
If your absence lasts longer than seven days, including weekends, you must complete a sickness notification form for the entire period of absence and support this with a doctor's certificate for any absence beyond seven days. The certificate is required on or before the eighth day of absence and thereafter at weekly, fortnightly or monthly intervals, depending on the length of sickness. Certificates should be sent to your line manager who will forward them to the HR Helpline. You must keep your line manager informed of your progress and likely return to work date.
Certification
Apart from the above circumstances, sickness certificates must also be produced following any absence, of whatever length, as a result of a serious infectious or contagious illness. In these circumstances, the FSA will reimburse any charge made for obtaining a certificate. In some circumstances we may require you to attend a medical examination by a medical practitioner appointed by the FSA before you are allowed to re-start work. If you return to work with a medical certificate stating that you are 'unfit to work', you will be required to return home.
Under Health and Safety legislation, the FSA has a duty of care to its employees. Therefore, where Occupational Health has been involved in your case the final decision regarding your return to work after any period of sickness absence lies with the FSA through its Occupational Health Adviser.
Return to work interview
Your line manager will authorise your completed sickness notification form and forward it immediately to HR Sickness. The authorisation will confirm the details of your absence and whether your line manager recommends that payment should be made (i.e. that you have followed the procedures and that the cause of your absence was acceptable). Your line manager will also conduct an informal return to work discussion during which time they will ask you about your sickness, whether it is likely to recur, and your well being. The depth of this conversation will depend on the nature and the length of the sickness. You should use this opportunity to discuss any problems you are having that are affecting your attendance. Any issues that come to light as a result of this discussion will be acted on as soon as reasonably possible by your line manager.
Individuals who do not follow the above procedures
If you do not follow these procedures, or the reasons that you give for your absence are not acceptable, it will be considered as a disciplinary matter and may disqualify you from receiving sick pay. It may also affect any claim you may have in the future with our providers of long-term disability cover (under the flexible benefits plan). Any enquiries on reporting sickness absence should be made to the HR Helpline.
Sick pay and contractual benefits
Absences up to six months
If you are absent from work, you will normally receive payment of salary in full for up to 65 days (excluding weekends and pro-rated for part-timers) aggregated over a 12-month rolling period. After that you will normally receive half of your salary for up to a further 65 days (excluding weekends and pro-rated for part-timers) aggregated over a 15-month rolling period. We reserve the right to withhold payment of occupational sick pay.
Absence of more than six months
After six months continuous absence, you may be entitled to receive payment under the Permanent Health Insurance Scheme, subject to the medical requirements that the provider imposes. The core entitlement is 50 % of salary but it can be increased by 10 or 20% as part of the flexible benefits scheme. See Flexible Benefits site for further information.
Notes on sick pay
For sick pay purposes, a normal day's pay is calculated on the basis of your adjusted salary. Sick pay is made up of two elements: occupational sick pay and Statutory Sick Pay (SSP, the rate of which is set by the government). If you receive occupational sick pay, you will have the appropriate deduction made for Statutory Sick Pay (SSP), tax and national insurance and as a result will receive no additional income. If you are absent from work due to an accident or a condition sustained on or off duty that is the fault of a third party, any occupational sick pay paid, to the extent that compensation is recoverable from a third party, is paid as a loan. This loan must be repaid if you recover any damages in respect of your injury, condition or absence from work.
If you are on a short-term contract you will have the same eligibility to occupational sick pay as permanent staff.
Withholding occupational sick pay
Occupational sick pay will not be paid in certain circumstances. These will include but not be limited to:
- during the first 3 months of employment;
- where the reporting/certification procedure has not been followed;
- where poor attendance results in action under the disciplinary procedures;
- where an individual fails to attend an appointment with a Doctor or Occupational Health Advisor/Physician that has been requested by the company.
- where the absence is as a result of cosmetic surgery, including laser eye surgery, unless written confirmation from a medical practitioner is provided that the surgery is medically necessary.
In these circumstances an employee will (if eligible) receive Statutory Sick Pay only. Where the reporting/certification procedure has not been properly followed Statutory Sick Pay may be withheld.
Statutory Sick Pay (SSP)
The FSA is responsible for paying you SSP if you have been absent from work due to sickness or injury for four days or more (including weekends). Payment will be made for up to 28 weeks of absence due to sickness or injury in any three-year period and is subject to statutory deductions. After 28 weeks, any sickness benefit entitlement is paid directly to you by the Department for Work and Pensions. When entitlement to SSP has ended, you may be entitled to Social Security Benefits. It is your responsibility to claim these benefits. If you are in receipt of sick pay from the FSA, deductions will be made on the basis that you have claimed all available benefits.
Benefits and Salary Review
Holidays will not accrue during a period of continuous long term sickness absence.
You will continue to receive your core and flexible benefits (although there may be some restrictions placed on which flexible options you can elect), whilst you are employed by the FSA, for the duration of your sickness. Entitlement to any benefits will be based on your pensionable salary. If you are on an extended period of sickness, you will be entitled to consideration for an annual salary review but any increase will be deferred until your return to work.
If you are eligible for a performance bonus, the amount will be pro-rated if there is absence of more than 65 continuous days in the performance year (Jan-Dec). This is because it is not possible to measure your performance for the time you are absent.
Monitoring procedures
The FSA monitors sickness to ensure that we give the appropriate level of support to you, to make sure that we are fulfilling our legal obligations and to ensure you are doing all that you can to maximise your attendance.
Your absence will be monitored and a central database will be kept that, along with other details, will record the reasons and the duration of your sickness. It is crucial therefore that you follow the correct reporting procedures so that this information is accurate. It is also crucial that you discuss any problems that affect your attendance as soon as possible with your line manager.
Your line manager will have an informal discussion with you after each spell of absence. A more formal meeting will be held with you if your absence reaches a level which considered to be concerning. This will usually be a total of three weeks of absence within the last 12 months but may be less if your line manager thinks that it is necessary. The meeting will enable your Manager to gain an understanding of the reasons for your absence and any underlying problems that you are experiencing. Any possible ways of improving your attendance or helping you to return to work will be discussed. The action that is taken will depend very much on the nature of your absence but will usually include one or more of the following:
- Referral for expert advice - e.g. Employee Assistance Programme, Occupational Health (an independent adviser to the FSA)
- Making an adjustment to your role / conditions e.g. hours, flexible working
- Continuing to monitor and review your situation
- Disciplinary action (in certain situations only)
Medical examinations
- The FSA is entitled, whether or not you are absent due to sickness or injury, to require you to have a medical examination by your own consultant, GP or a doctor appointed by the FSA.
- By signing the appropriate form, you agree that you will give such authority as is required for the doctor carrying out the examination to disclose to, and discuss with, us the results of the examination.
- If a report is requested from your GP or consultant, you must consent to the making of the application and to the copy of the report being given to us. We will pay for any medical examination under these circumstances.
Extended sickness cases (3 or more weeks of continuous absence)
Return to work after extended sickness
It is likely that if you return to work after a period of extended sickness you will already have had contact with the Occupational Health Adviser. However, you should normally see the Occupational Health Adviser before your return and any appropriate adjustments, such as rehabilitation programmes, will be made in order to facilitate your return to work. Your line manager will meet with you every week, for as long as is necessary, after your return to work to ensure that you are coping. You should use this opportunity to discuss any concerns that you have.
Rehabilitation programmes
To facilitate your return to work after an extended period of sickness you will be offered, if required, a rehabilitation programme. Programmes that are recommended by the FSA's Occupational Health Adviser, in conjunction with your own doctor can continue for up to 12 weeks. After this time if you have not returned to your normal duties and this is unlikely to happen in the short term, then discussions will begin with you to renegotiate your Contract of Employment to reflect your new hours or duties. Contractual benefits will reflect your new contractual hours.
During your rehabilitation programme and up until you are back to your normal working hours, your pay and benefits will be as follows:
| Pay immediately before return to work | Up to 17.5 hours | > 17.5 hours |
|---|---|---|
| Full | Full | Full |
| Half | Half | Hours worked |
| Nil | Hours worked | Hours worked |