Employer's Sickness Policy - Template, Sample Form Pro · UK-law
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________
SICKNESS ABSENCE POLICY
Effective date: ________
Version: ________
§ 1. PURPOSE
1.1 This policy demonstrates ________'s commitment to promoting the health, safety and well-being of all employees in accordance with its duties under the Health and Safety at Work etc. Act 1974 and the Equality Act 2010.
1.2 The primary objective of this policy, together with any associated guidance, is to support and effectively manage absence caused by ill-health or injury which renders an employee unfit for work, and to ensure that appropriate support for employees who are unfit for work is considered as soon as reasonably practicable.
§ 2. DEFINITIONS
In this policy, unless the context otherwise requires:
- Company sick pay or contractual sick pay means any form of contractual sick pay payable in addition to, and in excess of, Statutory Sick Pay;
- Employee or You means a person employed by ________ under a contract of employment;
- Sickness absence means an employee's inability to attend or perform work due to ill-health or injury;
- SSP means Statutory Sick Pay payable under the Social Security Contributions and Benefits Act 1992 and the Statutory Sick Pay (General) Regulations 1982;
- We, us, our or the Employer means ________ whose registered office is at ________;
- Your manager means the person to whom you directly report.
§ 3. ABOUT THIS POLICY
3.1 This policy sets out our procedures relating to:
3.1.1 sick pay;
3.1.2 reporting sickness absence; and
3.1.3 managing sickness absence.
3.2 We aim to ensure that we understand the reason for each sickness absence and will investigate where necessary. Where it is required or reasonably practicable, we will take measures to help you return to work following an absence caused by sickness.
3.3 This policy applies only to employees engaged under a contract of employment. It does not apply to agency workers, consultants or self-employed contractors.
3.4 Where an employee abuses sickness absence by failing to report an absence or making a false claim for sick pay, this will amount to misconduct under our Disciplinary Procedure and may, in serious cases, constitute gross misconduct.
3.5 This policy does not form part of any employee's contract of employment and we reserve the right to amend, withdraw or replace it at any time.
3.6 Where this policy is amended, we will inform all employees of the amendments by the following means: ________.
§ 4. RESPONSIBILITY FOR THIS POLICY
4.1 The effective management and operation of this policy will be overseen by the Employer, which is responsible for ensuring its compliance with applicable statutory requirements.
4.2 All managers are responsible for the fair and consistent application of this policy. All members of staff are responsible for supporting their colleagues and for the successful operation of this policy.
§ 5. REPORTING SICKNESS ABSENCE
5.2 You should provide an indication of the nature of your illness and, where possible, how long you expect to be absent.
§ 6. EVIDENCE OF INCAPACITY FOR WORK
6.1 Where a period of sickness absence lasts up to 7 (seven) consecutive calendar days, you must complete a self-certification form on your return to work.
6.2 Where you are absent from work for more than 7 (seven) consecutive calendar days, you must submit a fit note (statement of fitness for work) from a registered medical practitioner. A valid fit note must state that you are not fit for work, or may be fit for work, and the reason. You must also complete a self-certification form to cover the first 7 (seven) days. If an absence continues beyond the expiry of a fit note, you must provide a further fit note to cover the period of extension.
6.3 Where a fit note states that you "may be fit for work", you must inform your manager immediately. We will arrange a meeting to discuss how we can support your return to work, taking your doctor's advice into account. Where appropriate measures cannot be taken, we will set a date for review while you remain on sick leave.
§ 7. STATUTORY SICK PAY
7.1 You may qualify for Statutory Sick Pay (SSP) if you satisfy the relevant statutory requirements. Your qualifying days for SSP are either:
7.1.1 the days on which you are normally required to work, namely: ________; or
7.1.2 the days set out in your contract of employment.
7.2 For clarity, the statutory requirements for receiving SSP are:
7.2.1 you must be incapable of work for at least 4 (four) consecutive days (including non-working days), forming a period of incapacity for work;
7.2.2 a day of incapacity must fall within a period of entitlement; and
7.2.3 the day must be a qualifying day, that is, a day on which you would ordinarily be required to work, excluding the first 3 (three) qualifying days (waiting days).
7.3 The rate of SSP is set by the Government and is normally reviewed each April. No SSP is payable for the first 3 (three) qualifying days of absence (waiting days). SSP becomes payable from the fourth qualifying day and may be payable for up to a maximum of 28 weeks.
§ 8. CONTRACTUAL SICK PAY
8.1 You will qualify for contractual sick pay only where:
8.1.1 you have been in continuous service with the Employer for ________; and
8.1.2 you comply with this policy and any additional requirements set out in your contract of employment.
8.2 The conditions for qualifying for contractual sick pay do not affect any entitlement you may have to SSP in respect of the same periods of sickness absence. However, any contractual sick pay paid by the Employer is inclusive of, and not in addition to, any SSP payable for the same period.
8.3 To qualify for contractual sick pay, you must submit medical evidence of your incapacity for work from the first day of your sickness absence.
8.4 Contractual sick pay is equal to your full basic salary for up to a maximum of ________ consecutive weeks' absence in any rolling 12-month period. Thereafter, any further payment will be at our absolute discretion.
8.5 We reserve the right to withhold or recover contractual sick pay where you fail to comply with this policy, the reporting requirements or the requirement to provide medical evidence, or where there is reasonable evidence of abuse of the scheme.
§ 9. RETURN-TO-WORK INTERVIEWS
9.1 Your manager may hold a return-to-work interview with you on your return from a period of sick leave. The purposes may include:
9.1.1 confirming that you are fit for work and agreeing any measures necessary to facilitate your return;
9.1.2 confirming your submission of the necessary self-certification forms and/or fit notes;
9.1.3 updating you on anything that occurred during your absence;
9.1.4 addressing any concerns regarding your absence record or your return to work.
9.2 A return-to-work interview may be held following any absence. Your manager has discretion as to whether to hold one and will explain the reason for doing so.
§ 10. MANAGING LONG-TERM OR PERSISTENT ABSENCE
10.1 We operate the following procedure to address long-term absences, frequent short-term absences, or absences that are causing or are likely to cause disruption to the business. This procedure helps us to understand, among other matters:
10.1.1 the reasons for your absence;
10.1.2 the likelihood of recurrence; and
10.1.3 any measures that may be taken to improve your health and/or attendance.
10.2 Before deciding on a course of action, we may require medical evidence or further medical evidence from you.
10.3 We will give you written notice of the date, time and place of any meeting, together with the reason for it. You will normally be given at least 7 (seven) days' notice of any such meeting.
10.4 The ________ will conduct such meetings and the ________ will normally be in attendance.
10.5 You have the right to be accompanied at any meeting or appeal meeting by a companion of your choosing, being a colleague or a trade union representative, who will be allowed reasonable paid time off to act in that capacity.
10.6 If you or your companion are unable to attend at the scheduled time, you must inform us at the earliest opportunity and we will, within reason, seek to rearrange the meeting.
10.7 If you have a disability within the meaning of the Equality Act 2010, we will make such reasonable adjustments as may be required to this procedure, to your role, or to your working arrangements.
§ 11. MEDICAL EXAMINATIONS AND MEDICAL REPORTS
11.1 You may be asked to undergo a medical examination by a doctor, occupational health professional or other specialist nominated by us. We will bear the cost of any such examination.
§ 12. FIRST SICKNESS ABSENCE MEETING (STAGE 1)
12.1 A sickness absence meeting will be held to enquire into:
12.1.1 the reasons for your absence;
12.1.2 how long it is likely to continue;
12.1.3 the likelihood of its recurrence;
12.1.4 whether a medical report is required; and
12.1.5 any steps that may be taken to improve your health and/or attendance.
12.2 On returning from a long-term absence, we may phase you back into work on the basis of a return-to-work programme agreed with you.
12.3 On returning from short-term absences, we may set a target for improving your attendance within a defined timescale.
12.4 At the conclusion of the meeting, we may decide to take no further action, set a date for review, or, where appropriate, issue you with a first warning. You will be informed in writing of the outcome as soon as possible.
12.5 Where a first warning is issued, it will set out the improvement in attendance required and the timescale within which the improvement must be achieved. It will also warn you that a failure to improve may result in a further sickness absence meeting being held.
12.6 You have the right to appeal against any warning or decision made at this stage in accordance with § 15 (Appealing a decision) below.
§ 13. SECOND SICKNESS ABSENCE MEETING (STAGE 2)
13.1 Where there has been no sufficient improvement in your attendance or health within the timescale set at the first meeting, or where a long-term absence is continuing, we will hold a second sickness absence meeting. At this meeting we will again review the reasons for your absence, any medical evidence and the steps that may be taken to improve your health and/or attendance.
13.2 At the conclusion of the second meeting, we may decide to take no further action, set a further date for review, or issue you with a final warning. Any final warning will inform you that a failure to achieve and sustain the required improvement in attendance may result in your dismissal. You will be informed in writing of the outcome as soon as possible and you have the right to appeal in accordance with § 15 below.
§ 14. FINAL SICKNESS ABSENCE MEETING (STAGE 3)
14.1 Where we have issued a warning informing you that you may be dismissed by reason of your absences, and there is no significant change to the situation, we will hold a meeting to consider whether your employment should be terminated.
14.2 Before reaching a decision, we will give you the opportunity to raise any matters you consider relevant. We will take these into account, together with any changes since our last meeting with you.
14.3 Any decision to dismiss will be confirmed in writing, will set out the reason for dismissal and your notice entitlement, and will be made on the grounds of capability in accordance with the Employment Rights Act 1996 and the Acas Code of Practice on Disciplinary and Grievance Procedures.
§ 15. APPEALING A DECISION
15.1 You have the right to appeal against any decision reached at any stage of this procedure. To appeal, you must submit your appeal in writing to the ________, stating your grounds of appeal, within ________ of the date on which the decision was sent or given to you.
15.2 Where your appeal is against a decision to dismiss, we will hold an appeal meeting within 2 (two) weeks of receiving your appeal. To ensure impartiality, the appeal will, where reasonably practicable, be heard by a more senior person who has had no previous involvement in the matter.
15.3 You have the right to be accompanied at the appeal meeting in accordance with § 10.5 above.
15.4 We will notify you in writing of our final decision within 1 (one) week of the appeal meeting. There is no further right of appeal.
15.5 The decision to dismiss will not be suspended pending the outcome of the appeal. Where an appeal against dismissal is successful, the decision to dismiss will be revoked and there will be no break in your continuity of employment or pay.
§ 16. DATA PROTECTION
16.1 We will process personal data, including data concerning your health (a special category of personal data), in connection with the operation of this policy in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and our Privacy Notice and Data Protection Policy. Such data will be used only for the purposes of managing your absence and will be kept secure and confidential.
This Sickness Absence Policy has been adopted following review and endorsement by management.
Signed: ___________________
For and on behalf of ________
Name: ________
Position: ________
Date: ________
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