Attendance Management Policy

BACKGROUND INFORMATION

PART ONE

INTRODUCTION AND PURPOSE

Section 1

Attendance Management Policy

• PROMPT – headline statistics, facts to make an initial impact

• Nothing new about this – we are only implementing what most other large organisations have been doing for many years

• DMU is unusual in NOT having a policy on Attendance Management

• Assumes all absence is genuine but even so this needs to be managed

Introduction and Purpose

• Designed to improve employee attendance

• Part of DMU’s commitment to employee wellbeing

• Applies to all DMU employees

• Policy supported by a toolkit

– Guidance

– Checklists

– Relevant forms

Approximately how many days work are lost at DMU through absence per year?

We estimate around 14,000 workdays per annum.

It’s an estimate because we don’t know the true figure.

Part of DMU’s commitment to employee wellbeing

Guiding Principles

1. Good attendance is valued

2. All sickness absence is assumed to be genuine but a limit on how much is acceptable

3. Employee absence dealt with consistently within the ethos of equality and diversity

4. Some absence is inevitable but there may be times when absence is a cause for concern

Framework

• Policy provides a framework for staff attendance to be managed:

– in a fair and consistent manner

– Early so appropriate action and support can be put in place

• System in place to provide accurate management data to enable managers to act

ROLES AND RESPONSIBILITIES

Section 2

Manager

Accountable for managing attendance in their area of responsibility

Expected to:

– intervene early to secure an improvement

– prioritise management of individual cases

– keep in touch with absent employees

– conduct risk assessments (and manage risk where necessary)

– ensure absence is accurately recorded

Employees

Required to carry out duties unless unable to

Expected to:

– comply with DMU absence reporting and attendance management procedures

– alert their manager if they feel their job is making them ill or contributing to illness

– co-operate fully with Occupational Health and associated support

People and Organisation Development

Responsible for working collaboratively with managers

Expected to:

– provide on-going guidance, support and advice

– ensure policy applied fairly and consistently across DMU

– provide management data and reports

(ii)

• Occupational Health and Wellbeing (OHW)

– Assist managers to take a proactive approach

– Support early intervention – preventing conditions worsening

• Employee Assistance Programme (EAP)

– Provides support and resources for staff and managers

MONITORING AND REPORTING

Section 3

Monitoring and Reporting

• Essential to consistently follow processes for:– notifying

– recording

– monitoring

– reporting

• Data will be published periodically

• EB and the Board will scrutinise and make recommendations for improvements in attendance levels

WHAT HAPPENS WHEN AN EMPLOYEE IS ABSENT FROM WORK?

Part Two

NOTIFICATION

Stage 1

Notification

• Employees TELEPHONE within 1 hour of normal start time – Not email, text or third party– Contact should be ASAP if cover needed

• When telephoning, employees must provide:– Reason– Expected date of return

• Manager determines when further contact might be required and discusses this with the employee

• Employee may submit self-certification or fit note if absence more than 7 days

RECORDING

Stage 2

Fit Notes

• TEST???

• Slide shows an example of a fit note

Recording

• Complete part A of the Absence Record and Return To Work Discussion Form when notified of absence

• Complete part B of the form once RTW discussion has happened

• Manager record on the absence management system

MONITORING

Stage 3

Monitoring

• Need to know when and how best to support staff to manage their attendance

• Informal element for every period of absence

– Return to Work Discussion

• System will monitor and ’trigger’ the need to escalate

• Formal stage• Absence Management Meeting

ACTIVITY - RTW

• Discuss in your group what you consider would make an effective informal return to work discussion following a period of absence

• Consider:– When it’s done

– What it consists of

– How it’s done

– Where it’s done

– Who is involved

– Why we do them

RTW Activity De-brief

1. Informal RTW discussion – normally within 48 hours after every period of

absence that has not been agreed in advance

– If not able to do so within 48 hours must do so within 5 working days

– No right to be accompanied

2. Character of the meeting is supporting the employee upon their return– Support can be many and varied

Return To Work Discussion (RTW)

1. Informal RTW discussion normally within 48 hours after

every period of absence that has not been agreed in advance

If not able to do so within 48 hours must do so within 5 working days

No right to be accompanied

RTW Discussion Form Activity

• In small groups discuss Part B and identify any potential issues you anticipate may come out of the discussion

• Consider how this might be captured in Part B

Trigger points• Moving from informal to formal• Attendance Management Meeting triggered by:1. 4 separate periods of absence in a rolling 12

month periodor

2. 10 days (74 hours) consecutive or non-consecutive absence in a rolling 12 month period (pro rata for part time employees)

or

3. Any other recurring, recognisable patterns– Friday-Monday– Before/after school/public holidays

Attendance Management Meetings (AMM)

7 considerations:

1. When to hold an AMM

2. How to prepare for an AMM

3. What to consider at the AMM

4. Issuing a warning for unsatisfactory attendance

5. Issuing a warning for disability-related absence

6. Confirming the outcome of the AMM

7. Appeals against a warning

When to hold an AMM

• System triggers to managers a need to initiate an AMM

• Usually carried out within 2 weeks of their return to work

• Right to be accompanied (TU or DMU colleague)– Employee’s choice should not usually delay by more

than 5 working days

• Give reasonable notice (min 3 working days)• AMM only to take place once employee returns

to work

How to prepare for an AMM

• Consider absence record over past 12 months

• Identify discernable patterns– Monday/Fridays

– School holidays

• Ensure you have completed a RTW discussion form for EACH absence period under consideration

• Check any live warnings on file (e.g. misconduct or poor performance)

• Review a blank AMM form and guidance notes to get you ready for the meeting

What to consider at the AMM

• Investigate and discuss underlying reasons for absences• Exploring any external causes

– Personal or family problems

• You should be supportive and show empathy whilst explaining frequent absences from work are unacceptable– “It may not be your fault but it is your problem”

• Explore if absences are work-related– Take action if necessary

• Seek medical advice– E.g. Consider involving Occupational Health

• If employee has a further absence between the trigger and the AMM, wait until they return to work and have had the RTW discussion for that absence and include that absence in the AMM

Activity 40 mins

1. Familiarise yourself with the AMM form template (5mins)

2. Working individually, think of an example within your area of responsibility of someone triggering the need for an AMM and use that example to think through the process and write down key activities, considerations and issues at each stage. (Focus on what might arise at the meeting) (15 mins)

3. Compare your thoughts with your colleagues and make a list of learning points

Issuing a warning for unsatisfactory attendance

• Default is to issue – Unless there is a compelling reason why this

would be inappropriate

• Purpose of warning to flag that:– their absence is of concern

– will lead to further action if improvements not made

– May lead to dismissal while a stage three written warning is live

• Right to withdraw right to self-certificate

Warnings

Three stages:1. Formal oral warning

– Will remain live for six months

2. Formal written warning– Will remain live for 12 months

3. Final written warning– Will remain live for 18 months– If employee triggers this policy whilst stage 3 warning is

live the manager may consider moving to dismissal stage. Consult with HR

University’s right to extend periods where abuse of the policy is suspected

Consideration of Dismissal

• Dismissal will be considered under this policy where:1. Unacceptable levels of absence where there is an

underlying health condition (Ill health capability)2. Long term sickness absence – no foreseeable return

to work date (ill health capability)3. Employee is at work but not performing full range of

duties because of an underlying health condition (Ill health capability)

4. Unacceptable levels of absence where there is no underlying health condition (a dismissal may be for some other substantial reason)

When it is not appropriate to issue a warning

• Pregnancy

• Bereavement

• Serious isolated event or health condition

– Not part of an overall pattern of poor attendance

– Recovery is expected and a return to pre-condition absence record is likely to return following a period of convalescence

AMM - Confirming the outcome

• Write to employee normally within 5 days of the AMM– Use AMM outcome letter template

– Include agreed actions

• Employee should be advised of any delay caused by either seeking a view from HR or OH

• Employee should be notified as soon as reasonably possible and without undue delay

AMM – Appeals against a warning

• Employee may appeal against a warning

– In writing to their manager within 5 working days of receipt of written decision

• Manager will arrange

LONG TERM SICKNESS ABSENCE

What is ‘Long-term sick’

• Trigger = 4 weeks continuous absence or more• Discuss with HR• ‘Case management’ approach• Contact with employee

– When you should have it– How you should have it– Where you should have it

• Seek medical advice• Transfer to incapability on grounds of ill-health

policy

DISABILITY-RELATED ABSENCE

Disability-Related Absence (1)

• Equality Act 2010 requirement to eliminate discrimination against disabled people at all levels

“A person is disabled for the purposes of the Act if they have a “physical or mental impairment that has a substantial and long-term effect on their ability to carry out normal day-to-day activities”

– “Long term” lasts or likely to last for at least 12 months

– “Substantial and adverse” means more than minor and trivial and takes into account the time taken to carry out the activities

Disability-related absence (2)

• AMM triggered as per policy

• Conduct AMM– Level and reasons for absence

– Whether some or all of the absence is due to a disability

– Consider the impact on the relevant work area (specific examples)

– If due to disability, what reasonable adjustments

• Discuss with HR before any decision on whether to issue a warning

AMM – CONSIDERATION OF DISMISSAL

Data protection and confidentiality

• DMU adhere/consider to DP Act 1998 – Requesting– Recording– Monitoring

• Fraser Marshall to advise and provide appropriate example• All staff with access to confidential and sensitive data about

and employee’s health are required to treat information confidentially – DPA 1998– Access to Medical Records Act 1988

• Failure to adhere to our standards of DP fall within the DMU code of conduct may result in disciplinary action up to and including dismissal

REPORTING

Stage 4

Reporting

• Updates relating to employee absence published and communicated periodically

• Statistical data only and monitored by EB and BOG with recommendations for improvements