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Attendance Management
Guidance
Local Government, Craft and Chief Officials
INDEX
INTRODUCTION
3
Support
Absence Data
RIGHT TO BE ACCOMPANIED/REPRESENTED
4
DISABILITY AND THE EQUALITY ACT
4
Reasonable Adjustments
STRESS
6
SICKNESS AND ANNUAL LEAVE
6
NOTIFICATION OF REDUCTION OF SICK PAY
7
EXTENSION OF SICK PAY
7
SUSPECTED FRAUDULENT CLAIMS
8
SUSPENSION ON MEDICAL GROUNDS
8
PREGNANCY RELATED ILLNESS
8
ELECTIVE SURGERY
8
SUBSTANCE MISUSE
8
WORK RELATED INJURY
9
TERMINAL ILLNESS
9
INCAPACITY
9
VICTIMS OF CRIME/ABSENCE DUE TO INFECTIOUS DISEASE
9
INDUSTRIAL ACTION
10
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1. INTRODUCTION
The following guidance is designed to ensure fairness and consistency in the
handling of sickness absence and also to provide help and support to employees
who are subject to illness or injury. It is appreciated that individual circumstances will
be taken into account and therefore the guidance is intended to be flexible in its
operation to allow line managers some level of discretion. HR&OD will offer advice
and guidance to line managers in this regard.
Please refer to the Attendance Procedure Local Government, Craft and Chief
Officials which details the procedures which require to be undertaken for short and
long term absences.
It is accepted that the majority of sickness absence is genuine, therefore actions
taken under the Attendance Management Policy should not be taken to imply
mistrust or concerns about conduct. However, where a manager has concerns that
an employee’s absence is not genuine then they should contact HR&OD for advice.
Where an employee is dissatisfied with any action taken, the employee should raise
this with their Service in the first instance.
Support:
Please refer to the Attendance Resource Pack for details of the associated policy
support and training in relation to attendance management.
Please contact HR&OD if you require further assistance.
A range of initiatives are in place to encourage and create opportunities for
employees to engage in a healthy lifestyle.
At any time an employee may contact the Council’s confidential Employee
Assistance Programme.
Where an employee has disclosed that they have been diagnosed with cancer,
please refer to the following guidance – Support for Managers, Employees with
Cancer.
Absence Data:
In order to provide Services with accurate and meaningful information on sickness
absence rates and reasons, the Workforce Strategy Team within HR&OD has
developed methods to extract, analyse and present this data using a range of
industry-recognised measurements of absence, as outlined below:
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Number of calendar days lost due to sickness during each quarter (also comparison
undertaken with previous quarter and comparable period in previous year).
Most frequent reasons for absence and total calendar days lost per reason.
Number of spells of absence by duration.
In addition to the above, sickness absence data focusing on specific jobs and
locations is also available on request from HR&OD.
Monthly figures are also sent out from the absence and accident recording system.
2. RIGHT TO BE ACCOMPANIED/ REPRESENTED
Employees may be accompanied or represented by a colleague or trade union
representative as detailed throughout the Attendance Management Procedure.
3. DISABILITY AND THE EQUALITY ACT
Aberdeenshire Council is aware that sickness absence may result from a disability.
If the employee considers that they are affected by a disability or any medical
condition which affects their ability to undertake their work, they should inform their
line manager.
Absences in connection with sickness arising due to an employee’s disability will be
treated as sickness absence. The absence should be considered either under the
short-term absence procedure or the long-term absence procedure as appropriate.
Once it is considered that an employee has a disability covered by the Equality Act
then at each meeting particular consideration must be made as to whether there are
any reasonable adjustments that could be made to the requirements of an
employee’s post or other aspects of their working arrangements that will provide
support at work and/or assist with their return to work.
Where an employee has disclosed that they have a disability, the line manager
should discuss with them confidentially the effect, if any, of their disability on their
work and whether reasonable adjustments are required. In some cases, depending
on the individual circumstances, a reasonable adjustment may be to re-assess the
application of absence trigger points.
Absences not as a result of sickness but arising due to an employee’s disability may
fall under the Disability Leave Scheme. This type of leave for example may be for
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counselling or therapeutic treatment, for example for consultant’s appointments,
physiotherapy, hearing aid adjustments/replacements etc. Line managers should
refer to the Disability Leave Scheme Guidelines and seek guidance from the
Mediation and Employee Relations Team.
An employee may also wish to seek advice from a Disability Employment Advisor at
their local Job Centre Plus, or from the Equality and Human Rights Commission.
Line managers must be aware of the requirements of the Equality Act 2010 when
making any decision that affects an employee who may be disabled as defined by
the Act. Please also refer to Aberdeenshire Council’s HR Equality Policy.
Reasonable Adjustments
The Equality Act 2010 places a duty on employers to make “reasonable adjustments”
to any provision, criterion or practice that they apply and to physical features of their
premises, to accommodate the needs of disabled employees. Please note that
reasonable adjustments can be agreed on a temporary, occasional or a permanent
basis and subject to review.
The purpose of a reasonable adjustment is to remove any disadvantage created by
the employee’s disability to perform their day to day duties. It is the employer’s duty
to identify, consider and implement adjustments – it is not enough to simply ask the
employee their view of what adjustments are required.
Facts such as the cost and practicability of making an adjustment and the resources
available to you may be taken into account in deciding what is reasonable.
Please refer to the How to Guide for Reasonable Adjustments. Access to Work may
be able to provide financial support for any approved adjustments.
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4. STRESS
Where an employee has indicated that they are suffering from work related stress it
is vital that their manager take the necessary steps at the earliest opportunity to seek
an understanding for the reasons behind this.
Employees are advised to inform their line manager or if they wish to speak to
someone outwith their Service they can contact HR&OD if they believe they are
suffering stress-related ill health.
Please refer to the Stress Guidance details of the support available and the Stress
Self Assessment Questionnaire.
5. SICKNESS AND ANNUAL LEAVE
Please refer to Calculating Annual Leave following Long Term Sickness Guidance
which details further information and examples.
Where an employee is absent due to sickness for a period exceeding three calendar
months, annual leave entitlement will be limited to an amount equal to the period
actually worked during the contractual leave year. In accordance with the Working
Time Regulations, this provision will not be applied so as to reduce the employee’s
annual leave entitlement below the statutory minimum. The statutory minimum
holiday entitlement is 28 days and includes public holidays. This entitlement should
be pro-rated for part-time/part year employees.
Therefore, where an employee has been absent for a period exceeding three
months, the Service should calculate the leave accrued by the employee during the
period of actual work in the leave year. Where this is less than 28 days, then the
employee will be entitled to the difference, up to the statutory minimum.
Where the absence extends across one leave year into the next, only outstanding
accrued leave up the statutory entitlement of 28 days can be carried forward.
If, following a long term absence, an employee is unable to return to work,
entitlement in the current leave year should be pro-rated to the date of leaving
It is expected where possible that employees will take any outstanding annual leave
entitlement prior to their return from long term sickness absence. Employees are
also entitled to request to designate a part of their absence as annual leave.
Employees are required to discuss any such annual leave requests with their line
manager in the first instance.
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No substitute Public Holiday will be given to an employee when they are sick on a
public holiday.
If an employee becomes ill whilst on holiday, they can only claim reimbursement of
annual leave by following the usual absence notification procedures and obtaining a
GP certificate to cover the period from the first day of sickness. It is accepted that if
the employee is abroad it may be difficult to contact the workplace immediately, but a
medical certificate confirming the illness must be obtained and submitted on return to
this country.
If you are sick on a flexi day you must notify your line manager in accordance with
the normal notification procedures and in order for that day to be recorded as
sickness absence you must also provide a GP’s certificate. Please note
Aberdeenshire Council will not reimburse the cost of the medical certificate.
6. NOTIFICATION OF REDUCTION OF SICK PAY
Employees should refer to their Contract of Employment for details of sick pay
entitlements.
Employees will be contacted by Payroll 3 weeks in advance of the employee’s sick
pay reducing from full pay to half pay. Where it is found that entitlement to full pay
has already been exhausted, notification of sick pay entitlement will be sent as soon
as possible. This notification will also advise of the date at which half pay, full pay
and SSP will cease.
7. EXTENSION OF SICK PAY
The Council reserves the right to be able to extend the period of sickness pay
entitlement in exceptional circumstances, with authorisation of the Head of Service
(HR&OD).
If an individual continues to work on a part time basis beyond the phased return
period this is on the understanding that they will only receive pay for the actual hours
worked. Where it is anticipated that a phased return to work may extend beyond the
agreed time, this should be discussed with HR&OD. Payroll must be informed by the
employee’s line manager, by completion of an EMIS form, of any extensions to a
phased return.
Please note that a phased return to work may also be applicable in terms of short
term absence.
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8. SUSPECTED FRAUDULENT CLAIMS
Where a line manager suspects that an employee may not be genuinely absent,
covert surveillance can only be undertaken where authorisation is given and steps
are followed in accordance with the Council’s Regulation of Investigatory Powers
(Scotland) Act Policy. Please contact the Chief Internal Auditor for further
information.
9. SUSPENSION ON MEDICAL GROUNDS
In exceptional circumstances if the Director of the Service believes that an employee
is unfit for work due to illness, the Council reserves the right to suspend the individual
on medical grounds (as a result of medical information) with the authorisation of the
Head of Service HR&OD. The employee will be required to comply with any effort to
obtain medical information.
10. PREGNANCY RELATED ILLNESS
If an employee’s illness is connected with her pregnancy then her maternity leave will
automatically begin if the illness commences or continues into the 4 week period
before her expected week of confinement. Maternity leave will commence from either
the Sunday following the onset of the illness or the first Sunday in the 4 week period,
as appropriate. Where the sickness is unconnected to the pregnancy the usual
sickness procedure will apply.
Please refer to the Maternity Policy and Guidance.
11. ELECTIVE SURGERY
There is no statutory right to paid occupational sick leave for elective/cosmetic
surgery. Staff choosing to undergo such procedures should discuss the matter with
their Line Manager and a member of HR&OD in the first instance to decide how this
time off will be taken and recorded.
12. SUBSTANCE MISUSE
For any absences related to alcohol and/or drug dependence, please refer to the
Council’s Alcohol and Drug Misuse Policy.
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13. WORK RELATED INJURY
Absence due to work related injury will not be counted towards the employee’s sick
pay entitlement as Industrial Injury Allowance will be paid instead. The conditions
upon which Industrial Injury Allowance shall be paid mirrors the conditions in relation
to sickness allowance as detailed in the employee’s conditions of service. Sickness
Allowance will not be paid should the absence due to the industrial injury continue
after the industrial injury allowance has expired. SSP may be paid once expiry of
this allowance if applicable. Payment of industrial injury allowance will be subject to
verification of the accident by the Line Manager.
Please refer to the Accident Reporting Guidance as certain work related injuries
require to be reported to the HSE.
Please note the attendance guidance and procedures will still be required to be
followed by managers and employees in terms of absences relating to a workplace
injury.
All Accidents should be reported via your Line Manager and recorded via the
Corporate Accident and Incident Reporting Database.
14. TERMINAL ILLNESS
Line managers should be aware of the sensitivities of dealing with different types of
long term absences, especially in relation to terminal illness. Managers should seek
information particularly in connection with obtaining Pension options for the employee
if they are a member of the Local Government Pension Scheme, and advising them
of these as appropriate.
15. INCAPACITY
In circumstances where an employee becomes incapacitated and unable to be
contacted then it will be the normal practice that an advocate/next of kin will be
required to act in the best interest of an employee. For further advice please contact
a member of HR&OD.
16. VICTIMS OF CRIME/ABSENCE DUE TO INFECTIOUS
DISEASE
For provisions with regards absence resulting from crimes of violence or infectious
diseases please refer to HR&OD for further information.
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Certain occupational diseases have to be reported to the Health and Safety
Executive as required under the Reporting of Injuries, Disease and Dangerous
Occurrences Regulations (RIDDOR). Please refer to the Accident/Incident Policy &
Guidance.
17. INDUSTRIAL ACTION
It must be noted that during any periods of industrial action that normal reporting
procedures for sickness absence is suspended for any sickness absence that
commences on the day of the industrial action. Please refer to the Industrial Action
Guidance for more detailed information on the absence reporting procedures that are
applicable for any day of industrial action.
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Index of Documents
Policy
Revision Date
Previous
Revision Date
Summary of Changes
02-05-2014
-
Creation of all Documents
11-09-2014
02-05-2014
Full Revision
27-05-2015
11-09-2014
Update
27-05-2015
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