Sick Absence Policy

Sick Absence Policy

New Policy: 06/02/2024

Review Date : 06/02/2027

1. Introduction

1.1 HDS recognises that employees may occasionally need to be absent from work due to illness or health-related issues. While we expect our employees to be present and punctual, we understand that sick leave may be necessary at times.

1.2 As an organisation, HDS is committed to maintaining efficient operations while also being a supportive and compassionate employer. We aim to balance the needs of the business with the well-being of our employees.

1.3 To achieve our objectives, HDS is dedicated to implementing fair and consistent practices for managing sickness absence among our workforce.

1.4 In pursuit of these goals, HDS pledges to:

• Implement clear absence reporting and recording procedures.

• Conduct return-to-work interviews following any sickness absence.

• Adhere to all Health and Safety regulations to ensure a safe and healthy work environment, minimising factors that may contribute to discomfort or stress.

• Maintain accurate records of all periods of sickness absence.

1.5 This policy specifically addresses sickness absence and does not cover authorised absences such as holidays, training courses, public duties, or maternity leave. Employees should refer to the relevant policies for guidance on other forms of authorised absence.

2. Responsibilities

2.1. It is the responsibility of all line managers to:

2.1.1. Ensure that this sickness and attendance policy and procedure is accessible to all employees.

2.1.2. Ensure that this sickness and attendance policy and procedure is implemented effectively and complied with at all times.

2.1.3. Communicate to staff the required standards of attendance.

2.1.4. Closely monitor and manage the absence of and maintain written attendance records for all employees for whom they are responsible, including dates of absence and the reason for each absence.

2.1.5. Seek guidance on the appropriate management of employee sickness absence, particularly when an employee is absent on a persistent, intermittent, short-term basis, or long-term basis and/or when issues of medical evidence arise.

2.1.6. Obtain medical evidence from an employee’s general practitioner, another doctor nominated by the Company, and/or an occupational health professional  where appropriate. This ensures the Company has up-to-date medical information to assist with managing employee attendance.

 2.1.7 All personal health and attendance information will be handled in strict confidence and in accordance with data protection legislation. Information will only be shared with those who require it for legitimate business or legal reasons. 

2.2. You must take responsibility for your own attendance at work and, if you are ill, your recovery and timely return to work. You must:

2.2.1. Comply in a timely manner with the Company's notification and certification procedures outlined in this policy and procedure or as notified by the Company from time to time, and maintain communication with the Company.

2.2.2. Comply with any reasonable request for a medical and/or occupational health report to be obtained from your general practitioner, another doctor nominated by the Company, and/or an occupational health professional. For this purpose, undergo any required medical and/or occupational health examination.

2.2.3. Provide sufficient information to the Company as and when required to keep the Company informed of your condition and prognosis.

2.2.4. Co-operate with the Company to implement any advice from medical and/or occupational health practitioners in order to facilitate a timely return to work.

Managers should handle absence cases with sensitivity, maintaining confidentiality, and providing support where necessary. This includes respecting the privacy of employees and ensuring that discussions related to sickness absence are held in private settings. Additionally, managers should offer support and assistance to employees who may be struggling with health issues, including signposting them to relevant resources or support services.  By approaching absence management with empathy and understanding, managers can create a supportive environment that encourages employees to seek help when needed and facilitates their successful return to work.

3. Notification

3.1 If you are unable to attend work due to sickness, injury, or incapacity, it is your responsibility to inform your line manager as soon as possible. This notification should occur no later than one hour before your normal start time on the first day of absence and should be repeated each subsequent day for the first seven days of absence.  Timely notification of absences is critical to maintaining smooth business operations and ensuring adequate staffing levels. It enables the organisation to make necessary adjustments and redistribute workload efficiently.

3.2 If you cannot reach your line manager directly, you should contact another manager of equal or higher seniority. During this notification, you will be asked to provide details regarding the nature and expected duration of your absence to facilitate appropriate business adjustments.

3.3 For less serious absences, such as those due to colds or viruses, employees may use messages via Slack, email, or other electronic means to inform their line manager of their absence. However, the line manager reserves the right to request a direct conversation with the employee to discuss the absence further.

In exceptional circumstances where the employee is too ill to communicate directly, notifications through family members or friends may be accepted. However, this should only occur when it is impossible for the employee to contact the company directly.

3.4 For absences lasting seven calendar days or less, you are required to maintain daily contact with your manager unless otherwise agreed. For absences exceeding eight calendar days, weekly contact is necessary unless otherwise agreed upon with your line manager.

4. Certification

4.1 If your absence extends beyond seven calendar days, you must obtain a Statement of Fitness for Work, commonly known as a fit note, from your healthcare provider and submit it to your line manager by the eighth calendar day of absence.  Fit notes should be submitted promptly.

4.2 Any discretionary Company Sick Pay will be considered on a case-by-case basis, taking into account the circumstances of the absence, medical evidence, and the employee’s attendance record. Discretion will not be exercised unreasonably. 

5. Return to Work

5.1 It is your responsibility to ensure that you are fit to return to work.

5.2 If you are absent for an extended period, HDS may require confirmation of your fitness to return to work from an approved Medical/Occupational Health Advisor.

5.3 Your line manager will conduct a return-to-work interview with you regardless of your length of service. The purpose of the interview is to:

5.3.1 Confirm the reason for your absence;

5.3.2 Confirm your fitness to return to work;

5.3.3 Discuss any support needs that you may have and how these can be accommodated by HDS;

5.3.4 Inform you of any workplace changes;

5.3.5 Consider any adjustments recommended by the Medical/Occupational Health Advisor; and

5.3.6 Complete the return-to-work form.

5.4 Any requests for temporary or long-term adjustments to your working conditions (e.g., hours, duties, etc.) will be considered by HDS and accommodated if possible and if business needs permit.

5.5 Where a phased return is recommended by Occupational Health, the arrangement will be discussed and agreed in advance, including temporary hours, duties, and review dates. 

6. Short Term Absence

6.1 If you are persistently or intermittently absent for short periods, your line manager will initiate regular attendance reviews with you. These reviews will typically commence if you are absent four or more times or accumulate eight days of absence, whichever comes first,  within a rolling 12-month period. Attendance reviews will involve meetings with you, either in person at your workplace, at your home, or at another location agreed upon, or conducted via telephone if an in-person meeting is not feasible.

6.2 The purpose of these reviews is to ensure that you receive appropriate support and that the Company has an up-to-date understanding of your health status. You will be notified that your attendance is under review and will have the opportunity to provide explanations or further information. The reviews will aim to establish an acceptable level of improvement in your attendance, considering the circumstances, and identify any steps the company can take to assist you. They may also determine if additional medical evidence is necessary. If the medical evidence indicates a disability, the issue of reasonable adjustments will be addressed.

6.3 Attendance reviews will typically be conducted by your line manager, who may have support from individuals with HR-related experience, where appropriate. In certain circumstances, if deemed necessary following the review meeting, formal disciplinary action may be initiated.

6.4 Managers may exercise discretion to conduct an absence review meeting outside of the trigger point if attendance levels become concerning and significantly impact business operations.

7. Long Term Absence

7.1 During long-term absence, the Company will maintain regular contact with you to stay informed about your health status and expected return date. Contact will normally be made by your line manager, and the frequency and method will be agreed with you to ensure appropriate and supportive communication. The Company will also keep you informed of any relevant work-related developments during your absence. 

7.2 If appropriate, the Company may permit you to nominate a family member or friend as a secondary contact to facilitate effective communication between you and the Company if you are unable to communicate directly.

7.3 An Occupational Health referral will usually be considered where an absence extends beyond four consecutive weeks, where there are repeated absences due to the same condition, or where professional medical advice is needed to assess fitness for work.  For planned medical procedures and extended recovery, where an employee is absent due to a planned medical procedure or surgery with a known recovery period, an Occupational Health referral will normally be arranged closer to the anticipated return-to-work date. This ensures that the assessment accurately reflects the employee’s recovery progress and any potential workplace adjustments required.

Where a recovery period extends beyond the timescales originally advised, or where there is uncertainty about the employee’s ability to return to work, an Occupational Health referral will be made or updated as appropriate.

7.4 Where an employee is returning to work following a period of long-term absence, the Company will consider any medical advice received, including recommendations from Occupational Health. Where appropriate, reasonable adjustments to duties, hours, or working arrangements will be considered to support a safe and sustainable return to work 

8. System Access and Conduct During Sick Leave

8.1. While on sick leave, employees are not expected to carry out work-related duties unless expressly authorised by their line manager.

8.2. Access to company systems, data, or communications should only occur where specifically agreed for a legitimate business reason (for example, to support a phased return or provide essential handover information).

8.3. Employees must not access, copy, or share company information for any other purpose while on sick leave. Unauthorised access, use, or disclosure of company data or systems during this period may be treated as a disciplinary matter and, in serious cases, may constitute gross misconduct.

9. Reasonable Adjustments for Disabled Employees

9.1 The Company will fulfill its obligations to make reasonable adjustments for disabled employees in accordance with the Equality Act 2010. An employee is considered disabled if they have a physical or mental condition that is long-term and substantially affects their ability to carry out normal day-to-day activities. It's important to note that not all employees with health issues are necessarily considered disabled.

9.2 Wherever feasible, the Company will explore all reasonable adjustments to accommodate a disabled employee's work, whether it's to facilitate their return to work or support them afterward. These adjustments may include, but are not limited to, reduced hours, task reassignment, physical modifications, and training. The decision to implement adjustments, whether temporary or permanent, will depend on the circumstances of each case.

9.3 The Company typically seeks input from the employee regarding potential adjustments and often requests advice from the employee's doctor. While the employee's doctor may provide insights into suitable adjustments, it is ultimately the Company's responsibility, not the doctor's, to determine the employee's disability status and what adjustments are reasonable. The doctor's advice will be considered in this process.

10. Alternative Employment

10.1 If an employee is unable to return to their original job even with adjustments, their line manager, with support from individuals with HR-related experience and guidance from an occupational health professional or other medical practitioner where appropriate, will explore suitable alternative employment options. However, the Company is not obligated to create a new position for this purpose.

10.2 In cases where an employee returns to work in an alternative role, revised terms and conditions will be discussed with them prior to their return.

11. Termination of Employment due to Long Term Sickness Absence

11.1 If an employee is unable to resume their job due to health issues, even with reasonable adjustments, and suitable alternative employment cannot be found, the Company may initiate a termination process after a period of consultation and medical assessment. The Company strives to avoid dismissal for genuine long-term sickness absence and will conduct thorough consultations with the employee. Factors considered include the expected improvement in health, availability of alternative work, impact of absences on the Company, past practice, and obligations under the Equality Act 2010. If dismissal becomes a possibility, the Company will follow its capability procedure. In such cases, pay may be given in lieu of notice.

11.2 The decision to terminate employment will consider:

11.2.1 Likelihood and timeline of health improvement and return to work.

11.2.2 Availability of alternative roles.

11.2.3 Impact of past and anticipated absences on the organisation.

11.2.4 Advice from the employee's medical practitioner/occupational health service.

11.2.5 Feasibility of reasonable adjustments to facilitate the employee's return to work or assist them thereafter.

11.3 The Company will adhere to its capability procedure, treating long-term absence as a health matter rather than a disciplinary issue.

11.4 The Company reserves the right to terminate employment despite its impact on the employee's entitlement under any permanent health insurance cover provided.

11.5 The Company may discuss possibilities for permanent health benefits, early retirement, or ill-health retirement with the employee, where applicable.

11.6 No decision to terminate employment on health grounds will be made without a full consultation process, consideration of medical evidence, and exploration of all reasonable alternatives. 

12. Access to Medical Reports

12.1 The Company may request you undergo a medical examination by an occupational health or other medical practitioner to understand your health, prognosis, and potential adjustments for your return to work. Occupational Health assessments are intended to support both the employee and the Company by providing professional advice to inform decisions on capability, adjustments, or return-to-work planning. 

12.2 The Company may retain a copy of any reports, diagnoses, or prognoses from such examinations and discuss them with relevant medical practitioners.

12.3 Additional information may be sought from your general practitioner or consultant in accordance with the Access to Medical Reports Act 1988, with your consent.

12.4 Significant information affecting future employment will be communicated to you in writing and may be discussed in a separate meeting.

13. Meetings

13.1 Regular contact with your line manager is essential during absence. Meetings will be scheduled to discuss your health and return to work.

13.2 Home visits will only take place with the employee’s agreement and after reasonable notice has been given. 

13.3 You may bring a fellow employee or companion to meetings, and the Company may invite a second representative.

14. Specific Absences

14.1 Certain absences, such as pregnancy-related illness, maternity leave, and statutory leave, will not affect sickness attendance records.

14.2 Lateness due to ill health will be managed under this policy; lateness unrelated to ill health may be addressed under the disciplinary procedure.

15. Medical Appointments

15.1 HDS will endeavour to accommodate medical appointments within working hours, provided business needs allow. Employees are encouraged to schedule appointments outside of working hours where possible.

15.2 Your line manager may request a copy of appointment confirmation, and you may be expected to work back any lost time. Payment for time off will be at your line manager's discretion.

16. Statutory Sick Pay (SSP)

16.1 You will be entitled to receive statutory sick pay ('SSP') for a maximum of 28 weeks in any period of entitlement (up to three years) in accordance with prevailing regulations, subject to certain exceptions. SSP is not provided in addition to Company sick pay but is included in it.

16.2 SSP is not payable for the first three days (waiting days). The rate of SSP depends on your normal weekly earnings and the rate prescribed by regulations, which can be obtained from the Office Manager.

16.3 SSP is paid only for periods of four or more days' sickness, on days you would normally work.

16.4 To qualify for SSP, you must:

16.4.1 Have four or more consecutive days of sickness, including weekends and holidays, during which you are too ill to work.

16.4.2 Notify your line manager of your absence on the first day and weekly thereafter.

16.4.3 Provide evidence of incapacity, a Statement of Fitness for Work (Fit Note) or a Return to Work Plan from the Government’s Fit for Work service for periods beyond seven calendar days.

16.5 Failure to follow this procedure may result in unauthorised and unpaid absence. Depending on circumstances, disciplinary action under the Company Disciplinary Procedure may be taken.

16.6 Additional payment for sickness absence is at the discretion of the Director, considering individual circumstances.

17. Holiday and Sickness Absence

17.1   If you are ill during a period of pre-planned annual leave, sickness absence will overwrite annual leave and annual leave days will be refunded back to your current entitlement.

17.2   Holidays in excess of the minimum entitlement required under the Work Time Regulations 1998 will not continue to accrue during any period of sickness absence. The minimum holiday entitlement required under the Working Time Regulations 1998 will continue to accrue if you are absent due to illness.

17.3   Any holidays that are taken while an individual is on long-term sickness should be booked and authorised in the normal way. Sick pay will not be paid in respect of any period that is taken as paid holiday.

17.4   The normal restrictions on carrying over holiday entitlement will apply. As such, any holiday accrued but not taken by the end of the holiday year will be lost, unless you have not had the opportunity to take your minimum holiday under the Working Time Regulations 1998 due to being absent during the whole or part of a holiday year. If you are in this situation, please speak to your Line Manager  for information on the rules regarding carrying forward untaken holiday.

18. Absent without Leave (AWOL)

18.1   This policy applies to all employees who:

•              fails to comply with the sickness absence reporting procedure (or provide the required

    evidence within the required time period);

•              fails to attend work;

•              fails to return from holiday; or

•              is absent from work for any other reason without permission

If an employee is absent from work without good cause and/fails to properly and effectively notify their manager of their absence, this may be treated as a serious disciplinary offence, potentially constituting gross misconduct.

18.1.1.  Employees have a duty to be at work in accordance with their agreed working patterns, unless authorisation has been given for absence, and they are required to tell their manager if they are unable to attend work as a result of an illness or other unforeseen circumstances. Failure to be at work and to report an absence may be an act of gross misconduct and potentially a breach of contract.

18.1.2.  Managers will treat each case individually and be mindful of the need for consistency in approach. Consideration should be given to the employee’s past history i.e. have there been previous cases of unauthorised absence or is this occasion out of character?

18.1.3.  Where an employee appears to be AWOL, the manager has a duty of care to attempt telephone contact. Should the employee continue to fail to make contact following reasonable attempts, the disciplinary policy will commence. For further details, please refer to the  Disciplinary Policy.

18.1.4.  Where an employee is absent from work and fails to submit a fit note within 5 working days of the date the fit note had expired or was due, then the employee’s absence will be classed as unauthorised leave (unpaid) and the same procedure will apply.

This policy will be reviewed at least every three years, or sooner if required by changes in legislation or best practice. 

Joe Charlesworth

Director - Highway Data Systems Ltd