Sickness absence procedure

1. Purpose and scope

1.1 RoS is committed to the safety, health and wellbeing of our colleagues and to promoting a supportive working environment for our colleagues. At RoS, we fully recognise that illness or injury can affect anyone, and we are committed to providing a supportive and fair approach to managing sickness absence. Our approach ensures that all colleagues are treated with compassion and respect, while also ensuring that RoS continues to perform effectively.

1.2 We understand the importance of colleague wellbeing, and this procedure seeks to balance individual needs with the broader requirements of RoS. It promotes best practices in managing sickness absence to ensure we deliver high-quality, cost-effective services while fostering a healthy and balanced working environment for all colleagues.

1.3 Effective sickness absence management is important for us as a responsible employer, not only to support colleagues through times of illness but also to ensure the ongoing success and sustainability of RoS. By carefully balancing individual wellbeing with operational needs, we create a positive workplace culture that values both people and performance.

1.4 This procedure complements a range of positive wellbeing initiatives and facilities already available to colleagues, the Occupational Health Service, the Employee Assistance Programme (EAP) and our wellbeing initiative.

1.5 You should read it alongside the Sickness Absence policy.

2. Sickness absence standards

2.1 We understand that colleagues become ill, get injured and need to take time off to recover and heal. This is the reason we need clear procedures to manage sickness absences.

2.2 RoS uses a ‘threshold’ system to monitor attendance and to inform what support or action is required to be taken. The thresholds will be calculated over a 12-month rolling period threshold.

2.3 For all permanent and fixed term contract staff the threshold point is a total of 10 working days absence (whether self-certificated or medically certificated). (The introduction of pro-rata threshold points for colleagues who work less than 5 days per week is currently under consideration.)

2.4 Sickness absence relating to pregnancy (including IVF) will not count towards threshold points and will not result in HR action.

3. Responsibilities

Colleagues Responsibilities

3.1 Attend work in accordance with your contracted hours and days unless prevented from doing so due to ill-health (or other reason).

3.2 Understand the sickness absence policy and follow the requirement to report sickness absence by informing your manager when you are unable to attend work due to sickness or if you are taken ill or are injured while at work.

3.3 Provide relevant and timely self-certification and/or Statement of Fitness for Work (‘Fit Note’) - please see in section 6 for more information.

3.4 Agree to maintain regular contact with your manager during periods of absence.

3.5 Attend return to work meetings with your manager and discuss your absence.

3.6 Consider attending occupational Health or other appropriate medical specialist if reasonably requested to do so.

3.7 Consider accepting reasonable adjustments to working arrangements practices and procedures to deal with the challenges created by disability, ill-health or injury.

3.8 Make appointments to see doctors, dentists, etc. in your own time. If you have declared a disability, then reasonable adjustments will be made, and you will be allowed time credits for attendance at medical appointments for reasons relating to your disability.

Manager Responsibilities

3.6 Support colleagues during sickness absence and on their return to work.

3.7 Ensure that colleagues are aware of the sickness absence policy and all the support available to them.

3.8 Ensure that any reasonable adjustments and interventions that are recommended by either the healthcare professional or the Occupational Health Service are given due consideration and implemented (where appropriate) in a timely manner.

3.9 Conduct return to work meetings with colleagues within 48 hours of their return to work and discuss their absence. If the manager is unavailable to conduct the return-to-work meeting, they should assign another manager to do so. A record of this meeting should be shared with the colleague afterwards.

3.10 If the frequency or length of sickness absence has caused concern or if the threshold (10 days) have been reached, a Sickness Review Meeting (SRM) needs to be held.

3.11 Treat each colleague fairly and respectfully.

3.12 Treat information regarding absence as confidential.

3.13 Give due consideration to the advice from the Occupational Health Service and any information relating to a disability or reasonable adjustment.

3.14 Seek advice and guidance from HR, as necessary and appropriate.

HR Responsibilities

3.15 Signpost to support for health and wellbeing to managers and colleagues.

3.16 Ensure that colleagues and managers are provided with advice and guidance on sickness absence issues.

3.17 Attend formal sickness review meetings providing procedural guidance to managers and colleagues.

3.18 Process any referrals to Occupational Health and assist in the implementation of reasonable adjustments to enable a return to work.

3.19 Provide reports on sick absence data, standards, trends, and patterns within the organisation to managers in order to effectively manage the number or days lost each year through sick absence.

4. Reporting absence

4.1 On the first day of sickness absence colleagues are required to contact their manager by 9.30am or at least half an hour before their normal start time to report that they will be absent that day. If there has been no contact from the colleague by 12 noon, their manager should contact them by telephone.

4.2 If the manager is unable to contact them on the first day, they must try to contact them the following day. If a manager does not have the colleague’s telephone number, this can be obtained from HR in confidence. If no contact is made on the second day, then the manager should contact the HR team. Contact with the colleague’s named emergency contact will be made. In exceptional circumstances RoS will contact the police if communication with the colleague or their emergency contact has failed.

4.3 If a manager and colleague have not had the opportunity to speak to each other personally, the manager should contact the colleague as soon as possible. If the manager is not available due to other work or leave commitments alternative reporting arrangements with another manager should have already been put in place. The manager’s voicemail or out of office email should state which manager to contact.

4.4 A message should not normally be left with a colleague but there may be exceptional circumstances when this is the only way the absence can be reported. On these occasions, as above, arrangements should be made for the manager to make a return call. The information provided by the colleague in relation to the nature of their illness should remain confidential to the line management chain unless the colleague gives their express permission for the information to be shared.

4.5 When calling in, colleagues should explain the nature of their illness, its likely duration and whether they have contacted a doctor. Managers are primarily concerned with the colleague’s wellbeing, but they also need to consider any business activities that need to completed. Therefore, the manager does need to ask about work, for example if the colleague has anything urgent that needs to be re-assigned or a meeting that must be rearranged on their behalf.

4.6 Colleagues must make every effort to make the call personally and only in exceptional circumstances should someone else contact the manager on the colleague’s behalf. On the rare occasions when a colleague is unfit to call in person, the person calling on the employee’s behalf should be able to provide the required information.

4.7 Failure to follow absence reporting procedures may potentially result in the disciplinary policy being invoked.

5. Keeping in touch

5.1 It is important that contact between the colleague and the manager is maintained during any period of absence. Contact should be agreed between the manager and colleague as appropriate during the first week of absence and if the absence extends beyond seven calendar days, the frequency of contact should be reviewed and agreed. This will vary from case to case and could be every few days once a week or once a month depending on the circumstances.

6. Certification

6.1 If an absence lasts for seven calendar days or less, then a colleague should self-certify their absence.

6.2 If the absence lasts longer than seven calendar days (including weekends) then the colleague must visit their medical practitioner to obtain a Medical Certificate/Statement of Fitness for Work (also known as a Fit Note) to cover the period of absence. Colleagues should send this to their manager as soon as possible and must not wait until they return to work. This can be also sent digitally via email. Fit Notes are required in order that both Occupational and Statutory Sick Pay are payable.

The fit note

6.3 The Statement of Fitness for Work, or “Fit Note” has replaced the medical certificate.

6.4 Doctors will be able to advise one of two options:

• Not fit for work - this means that the doctor's assessment of the colleague is that they have a health condition that prevents them from working for the stated period of time
• May be fit for work taking account of the following advice - this means the doctors assessment of the colleague is that their condition does not necessarily stop them from returning to work. For example, they could return to work but may not be able to complete all of their normal duties, or they could benefit from amended working hours or workplace adaptations. On the statement the Doctor will state the period of time their advice is for i.e. how long, in their view, reduced hours/duties and/ or workplace adaptations need to be in place.

6.5 The Fit Note is intended as a guide for the employer. It is for management to determine whether the advice can be accommodated. However, managers must be alert to their responsibilities under the Equality Act 2010 and consideration should be given as to whether any proposed adaptations would fall under a "reasonable adjustment" for disabled employees. Managers should seek HR advice for further information where adjustments cannot be agreed locally.

7. Support

Consideration should be given to the wide range of support available to assist colleagues in managing their health, attendance and wellbeing.

Human Resources

7.1 HR provides professional advice, guidance, and support to managers and colleagues on a range of issues that include health and safety, Occupational Health and Health and Wellbeing Services, and our Employee Assistance Provider.

Employee Assistance Programme (EAP)

7.2 EAP provides colleagues with information, resources, and options to address a wide range of issues both at home and at work. If a colleague would like to discuss any issue please call them in complete confidence 24 hours a day, 365 days a year. The contact number is 0800 032 9849. They also have a website with information on a wide variety of subjects, which can be accessed via EAP website.

Occupational Health Services (OHS)

7.3 Our Occupational Health provider is contracted to provide expert occupational health advice. We can seek medical advice on matters relating to a colleague’s health at any time, and up to date expert medical advice will always be sought before reaching a decision about how best to go forward with support.

Trade Union

7.4 Colleagues who are members of the Union can seek the advice and support of their Trade Union at any stage.

Refer to OHS

7.5 It is important for a referral to be offered to the colleague as soon as possible. The occupational health referrals are not only for colleagues who are absent from work but can be used for all colleagues regardless their absence status.

7.6 Most consultations with OHS will be telephone consultations. Telephone consultations generally take place during working hours.

Employee Passport

7.7 The Employee Passport is a document that is owned by a colleague and outlines circumstances, disabilities, conditions or commitments which may impact on their work. The passport is a tool to facilitate a conversation with your manager, to share information and identify adjustments that may support you going forward. The passport does not change your terms and conditions. Employee passports should be reviewed regularly and will not be permanent agreements.

Charity for Civil Servants

7.8 The Charity for Civil Servants support current, former and retired civil servants when they face tough times. They offer advice and support on a wide range of topics, such as financial, health and wellbeing, bereavement, wellbeing at work, relationship, caring for others and addiction.

Wellbeing Hub

7.9 The Wellbeing Hub on RoSNet is a space where you'll find information about how you can look after your wellbeing and the range of support available to you at RoS.

8. Management information

8.1 Absence information will be provided to line managers and senior managers on a regular basis, with quarterly and annual absence reports submitted to the Executive Management Team (EMT).

9. Return to work meetings

9.1 Return to work meetings are one of the most effective approaches for managing absence. Ideally, managers should meet with the employee on their first day back from sick leave; however, there may be occasions when this is not possible and the meeting has to be scheduled for the second day.

9.2 The manager should prepare for the meeting by reviewing the colleague’s attendance record, a report can be obtained from MyTeams detailing absences to assist with this; the manager should consider if there are any trends, patterns or other issues which are causing concern and require to be discussed with the colleague. A copy of the return to work discussion should be sent to the colleague.

9.3 At a return-to-work meeting the manager will:

9.4 The Return to Work meeting should always be constructive and supportive. There should be no suggestion that the absence has been anything other than genuine unless there is clear and specific evidence to the contrary.

Reasonable adjustments

9.5 Managers should discuss reasonable adjustments with HR in all instances, to ensure they are fair and reasonable. When considering reasonable adjustments, managers must use the information available to them from the colleagues, occupational health professional and other medical professionals supporting the colleague. The colleague may be able to provide more information on the context of the advice.

9.6 We encourage colleagues to use our Employee Passport to capture any formal and informal adjustments.

9.7 When agreeing the return to work plan it should always be clear as to the length of time any amended duties or support should remain in place. In most cases these will be temporary measures; however, in more complex cases it may also be necessary to seek further advice by referring the colleague to the Occupational Health Service.

9.8 Whilst every effort will be made to support a colleague’s return to work it may not always be possible to accommodate the doctor's advice /proposals and the reasons for this should be discussed with the colleague. In these circumstances for pay purposes the current 'may be fit for work' Statement should be used as if the doctor had advised 'not fit for work'. Colleagues do not need to return to their doctor for a new statement to confirm this.

10. Measuring absences - threshold

10.1 RoS use a 'threshold' to help identify situations where absence requires investigation, support and possible action.

10.2 For all permanent and fixed term contract colleagues the 'threshold' is a total of 10 working days absence (whether self-certificated or medically certificated) in any 12-month rolling period.

10.3 If a colleague’s threshold points are reached, then the colleague may be asked by their manager to attend a Sickness Review Meeting (SRM).

11. Sickness review meeting (SRM) and wellness check-in

Where employees have reached the threshold of 10 working days, within a 12 month rolling period they will be required to meet with their manager at a SRM.

11.1 SRM is a formal meeting which is a structured opportunity for managers and colleagues to discuss sickness absence, understand the reasons behind it, and explore any support for the colleagues.

11.2 At the SRM the manager will:

• discuss the patterns, trends, or concerns they have regarding the colleague’s attendance.
• encourage the colleague to talk about any issues or problems they are experiencing which could affect their ability to attend work in the future.
• enquire if the colleague has sought any advice or guidance (e.g. their own doctor).
• direct the colleague toward appropriate support which may be available (e.g. OH referral, EAP, Employee Passport or a Wellness Action Plan).
• consider an OHS referral if appropriate and discuss potential reasonable adjustments.
• remind the colleague that while illness is a part of life, regular attendance is important for both their wellbeing and the overall performance of the team and organisation. It’s essential to recognise when sickness absence might affect the team's effectiveness and the organisation's ability to deliver on its goals.

11.3 Managers are responsible for monitoring colleagues’ absences and must consider placing them on a formal absence management stage if their absence reaches 10 days within a rolling 12-month period. This ensures that appropriate support is provided, and attendance is managed fairly. In exceptional circumstances, managers may use discretion not to progress to a formal absences stage, but this must be discussed with HR to ensure the right support is in place. Managing absencesis a key part of a manager's role, and any action should be taken with care and sensitivity.

11.4 The manager will write to invite the colleague to attend the meeting and will provide detail of relevant absences. The letter will clearly state the purpose of the meeting and advise the colleague that they have the right to be accompanied by a work colleague or a Trade Union representative. The manager will confirm the outcome of the meeting and provide their reasons and justification for taking the appropriate actions in writing to the colleague. A copy of the letter will be kept on the colleague’s HR record.

11.5 There are some absences that are exempt from the the threshold, such as pregnancy related absences. On such occasions managers should conduct a wellbeing check in. The purpose of this meeting is to discuss any concerns or challenges the colleague may be facing, explore potential support or adjustments and to share appropriate resources which could be beneficial for them. No formal action will ever be considered during these meetings.

12. Managing short term absence

12.1 Short term absence is defined as irregular absence which lasts for up to 20 working days at a time. Where there is evidence of persistent short-term absence, colleagues will be offered support to improve their level of sickness absence. In all cases where colleagues have reached the threshold of 10 working days within a 12-month rolling period they will be required to meet with their manager at a SRM.

12.2 Each case will be managed and assessed on an individual basis and actions taken accordingly if the absences prove a cause for concern. Managers should speak to the HR team for advice. Normal practises may include informal monitoring of attendance, referral to Occupational Health and reasonable adjustments to the workplace. Consideration will be given as to whether the case requires further support under the Formal Sickness process.

13. Formal sickness absence process

13.1 In cases where a colleague has frequent short-term periods of absence or periods of long-term absence, support and reasonable adjustments will be considered to help the colleague improve their attendance so that an acceptable level of attendance is reached and maintained. In these cases, managers are required to assess each case on its individual merits, taking into consideration all the expert professional advice available, to inform their decision making about moving a colleague onto a formal absence stage.

13.2 In exceptional circumstances, managers may have justification for not moving a colleague onto a formal stage. In these situations, a conversation should take place with HR to ensure fairness and consistency,

13.3 The stages and outcomes of the formal sickness process are:

Stage 1

a. The colleague enters a 6-month review period starting from the first working day following the absence.

b. Colleague will be given a threshold of 4 days over the 6-month period to ensure improvement of absence levels.

c. Attendance will be closely monitored during this period and the manager will engage with the colleague on a regular basis.

d. The colleague will be offered support to achieve an acceptable level of attendance.

e. If the threshold of 4 days, is not reached or breached, the colleague will be removed from Stage 1 at the end of the 6-month period.

f. If, however, the threshold of 4 days, is reached or breached within the 6-month monitoring period the colleague will be invited to an SRM during which consideration will be given to placing the colleague on Stage 2.

g. The colleague has the right to be accompanied by a work colleague or a Trade Union representative at these meetings.

h. The manager will confirm the outcome of the meeting and any agreed actions in writing to the employee, and a copy of the letter will be kept on the colleague’s HR record.

Stage 2

a. The colleague enters a further 6-month review period dated from the first working day following the absence and is offered appropriate support.

b. Colleague will be given a threshold of 4 days over the 6-month review period to ensure improvement of absence levels.

c. Attendance will be closely monitored during this period and the manager will engage with the colleague on a regular basis.

d. The colleague will be offered support to achieve an acceptable level of attendance.

e. If the threshold of 4 days, is not reached or breached then the colleague will be removed from Stage 2 at the end of the 6-month period.

f. If the threshold of 4 days, is reached or breached during the 6-month review period this will automatically trigger a SRM, at which consideration will be given to placing the colleague on a Stage 3.

g. The colleague has the right to be accompanied by a work colleague or a Trade Union representative at these meetings.

h. The manager will confirm the outcome of the meeting and any agreed actions in writing to the colleague, and a copy of the letter will be kept on the colleague’s HR record.

i. If there are further periods of absence, once a colleague removed from a stage, their threshold defaults back to 10 days over a 12-month rolling period. If attendance becomes unacceptable within a 6-month period, from the date of removal from the Stage 2, the colleague may be placed back onto the Stage 2 of the process.

Stage 3

a. The colleague enters Stage 3 for a period of 6 months dated from the first working day following the absence.

b. Colleague will be given a threshold point of 4 days over the 6-month review period to ensure improvement of absence levels.

c. Attendance will be closely monitored during this period – the colleague is required to demonstrate a significant improvement in their attendance to achieve an acceptable level of attendance.

d. The manager will engage with the colleague on a regular basis and the colleague will be offered support to achieve an acceptable level of attendance.

e. If by the end of Stage 3 the colleague has not reached or breached the threshold, of 4 days, they will be removed from Stage 3.

f. If, however, the threshold, of 4 days, is reached or breached during the Stage 3 period this will automatically trigger a SRM at which consideration will be given for the colleague to attend a Formal Review Meeting (Hearing). Consideration will be given to extending the stage 3 or dismissing the colleague at a Formal Review Meeting (Hearing).

g. The colleague has the right to be accompanied by a work colleague or a Trade Union representative at these meetings.

h. The manager will confirm the outcome of the meeting and any agreed actions in writing to the employee, and a copy of the letter will be kept on the colleague’s HR record.

i. If there are further periods of absence, once a colleague removed from a stage 3, their threshold defaults back to 10 days over a 12 month rolling period. If attendance becomes unacceptable within a 6-month period, from the date of removal from the Stage 3, the colleague may be placed back onto the Stage 3 of the process.

14. Appeal

14.1 At every stage of the formal sickness absence process the colleague has the right to appeal the decision.

14.2 The appeal must be in writing and submitted within 10 working days of the date of the decision letter and state the reason for the appeal.

14.3 To ensure impartiality the appeal will be considered by an appropriate independent manager and an independent HR adviser wherever possible.

14.4 The colleague will be notified in writing of the proposed date, time and location of the appeal hearing and of their right to be accompanied by a trade union representative or work colleague.

14.5 At the appeal hearing the colleague will be asked to present their case.

14.6 The colleague will be notified in writing of the decision and the reasons for reaching the decision, typically within ten working days. These time limits may be extended where both the colleague and RoS agree.

14.7 There is no further right of appeal at RoS.

15. Managing long term absence

15.1 Long-term absence is defined as a single spell of absence of four continuous weeks or longer. With all long-term absence cases, it is our aim to help the colleague to return to work as soon as possible. This may require a joined-up approach from the manager, HR, OHS, the colleague’s GP, our EAP and any other appropriate organisation or Medical Professional.

15.2 The possible outcomes of long-term absence are:

a. a declaration from the colleague’s GP or OHS that the colleague will be fit to return to work on a specified date. On return to work it is likely the colleague will be invited to attend a SRM and may be placed on a formal stage, as outlined in section 13.

b. a return to work on a different basis, for example part-time or amended duties. Changes can be on a temporary or permanent basis.

c. the colleague is unable to return to work and meets the eligibility requirements for ill-health retirement under the provisions of the pension scheme.

d. the colleague is unable to return to work on the grounds of ill health or capability and their contract is terminated.

Contact whilst absent

15.3 It is vital that contact is maintained between colleague and manager throughout a period of absence. Colleagues on long term absence can feel isolated and it is important that every support is offered to help them get back to work as soon as possible. Regular contact is vital to:

a. ensure that any support needs can be identified.

b. agree a communication method and its frequency.

c. identify when a return to work can be expected.

d. convey the value that RoS places on the colleague, encouraging a positive attitude to returning to work.

e. give time to discuss and organise any necessary special arrangements to facilitate a return to work.

f. give an opportunity to keep the individual in touch with developments at work in RoS in general.

g. advise the colleague of significant issues affecting their employment (e.g. their entitlement to sick pay).

h. provide the colleague with the opportunity to raise any issues or concerns they may have.

Ongoing communication and support

15.4 Contact between the manager and colleague should be by agreement, and this may be weekly, colleague to provide a ‘progress report’ and indicate when and if a return to work is expected.

15.5 The manager should keep a record of all contacts made with the colleague. If the colleague is fit enough, the manager should endeavour to meet face to face with them for a progress meeting.

15.6 Throughout a period of absence the colleague should be able to depend on support and regular contact from their manager. Maintaining regular contact throughout a period of absence will make the return to work transition easier for both parties. In exceptional circumstances where the colleague refuses contact with their manager, they should be offered an alternative person to maintain contact with, this could be another manager or HR. Colleagues are required to co-operate fully with this procedure.

Progress meetings

15.7 Progress meetings are very important as they provide an opportunity to ensure that the colleague does not feel isolated and for line management to actively manage the absence. The colleague should be given the option of having a Trade Union representative or work colleague present.

15.8 Progress meetings should be undertaken by the line manager or managers, with the consent of the colleague, after 4 continuous weeks of absence (an HR Adviser may also attend). A follow up progress meeting should take place no later than three months after the absence start date.

15.9 Apart from a review of the colleague’s current state of health, when the manager meets with them, the manager should provide the colleague with information to assist them while they are absent, including:

a. information on the absence process.

b. agreement on how the colleague and manager will maintain contact.

c. advice on entitlement to Occupational Sick Pay if appropriate.

d. information about all support services available including OHS and EAP.

e. any other information that may assist their return to work

Case Management/Case Conference 

15.10 The manager should review all long-term cases monthly with HR. This is to ensure that contact is being maintained with the colleague and that the appropriate support mechanisms have been offered and are in place such as home visits, face to face meetings and OH referrals, as appropriate, particularly after 4 continuous weeks of absence.

15.11 HR will carry out the role of ‘case manager’ for all long-term absence cases, to ensure that the absence is being managed appropriately by the manager.

15.12 A case conference with the colleague should take place at an appropriate time, usually within the first 3 months of continuous absence. The following parties may be present at the case conference, if relevant:

a. the colleague (or a recognised representative on their behalf).

b. a work colleague or Trade Union representative to accompany the colleague.

c. the colleague’s manager.

d. HR representative.

e. OHS representative.

f. EAP representative.

Action plan

15.13 The purpose of the progress meeting is to put in place an action plan to facilitate the colleague’s return to work.

15.14 An action plan should have clearly identified dates for further review meetings and should outline any support which has been identified to assist the colleague in a return to work. The length of the review period will be determined according to individual circumstances but will normally take place between one and three months.

Review meetings

15.15 The manager and HR must meet with the colleague and their representative (if appropriate) to consider progress against the action plan, and to discuss the possible future outcomes including continued absence, return to work, redeployment, ill-health retirement or dismissal.

15.16 If a return to work is not an option at this stage, the colleague must be told that if they cannot to return to work within a reasonable timescale, or there is no suitable work available, they may be dismissed on the grounds of capability due to ill health. Dismissal is a last resort and any decision to dismiss will be taken by a senior manager in consultation with HR.

15.17 Depending on the circumstances, a follow-up action plan may be agreed and a further review period set. A summary of the discussion, copy of the follow-up action plan and review date will be shared with the colleague (and their representative). During the review period, the manager must keep in touch with the colleague, monitoring progress and obtaining up-to-date medical advice from the OHS as appropriate.

Returning to work following long term absence

15.18 It is our aim to facilitate a return to work for all colleagues who are absent on a long-term basis. One of the key considerations is whether a phased return to work would be beneficial to the colleague in assisting their return. This allows the colleague to:

a. return to work on a part time basis, gradually building their hours back to their normal contractual hours.

b. be re-introduced to the workplace on an incremental basis.

c. be provided with practical support in the early stages of returning to work (e.g. being coached by a colleague in relation to working practices and recent developments).

15.19 The manager, colleague, HR, OHS and colleague’s GP should work together to design a phased return to work programme. It is important that the colleague is fully involved in designing the programme and that progress is monitored and reviewed throughout its duration.

15.20 Return to work programmes will most commonly be worked over a 4 to 8 week period, depending on the nature and length of the absence.

15.21 On return to work consideration will be given to placing the colleague on the capability process outlined in Section 12.

16. Early retirement on the grounds of ill health

16.1 RoS recognise that in some cases a colleague who is absent on a long-term basis may not be well enough to return to work for the foreseeable future. In some cases, consideration will be given to making an application for ill-health retirement.

16.2 Advice will be obtained from the OHS on whether ill-health retirement should be considered and when it should be actioned. Ill-health retirement may be considered appropriate when a colleague is considered to be “permanently incapacitated from work until normal pensionable age”. HR will action the medical retirement recommendation through the Medical Advisor. The Medical Advisor is appointed by Cabinet Office and is the only person who can authorise ill-health retirement for RoS colleagues.

16.3 Colleagues have the right to appeal against the decision of the Medical Advisor to recommend or refuse ill-health retirement. If ill-health retirement is not recommended, the colleague’s situation will be reviewed by HR and management. HR may wish to discuss the case in more detail with the OHS to ascertain if there is a realistic prospect of a return to work and thereafter regular and effective service provided.

16.4 Colleagues will be given every opportunity to discuss their circumstances and consult with the EAP, Charity for Civil Servants or their Trade Union representative, as appropriate.

17. Ill-health retirement appeals procedure

17.1 A colleague has the right of appeal against recommendations made by the Medical Advisor. An appeal may be made against either a recommendation or refusal for ill-health retirement. The appeal should be directed to the Medical Advisor via HR as advised at the time of recommendation or refusal.

17.2 If the Medical Advisor recommends ill-health retirement and the colleague wishes to appeal the decision then every effort will be made to resolve any appeal before the effective date of dismissal (i.e. the date of expiry of the notice period). However, if the appeal process is not concluded at the expiry of the notice period, employment will be terminated and pay will cease. The appeal process will continue and if the appeal is subsequently upheld the colleague may be reinstated in line with the recommendations of the Appeals Committee. If this is the case the colleague will receive back pay to cover the period from the expiry of the notice to the date of reinstatement. Alternatively, a decision may be taken to consider dismissing the colleague on the grounds of capability.

18. Formal review meeting (hearing) at the end of the review period/s

18.1 If, at the end of the review period(s), the colleague continues to be unable to return to work or provide regular and effective service and ill-health retirement or redeployment has not been recommended by OHS, the colleague will be invited to a formal review meeting (hearing) with the senior manager and HR.

18.2 The senior manager must consider the colleague’s attendance record and all other relevant information such as the up-to-date advice from the OHS before reaching a decision.

18.3 Once full consideration of the colleague’s circumstances has taken place and all options have been explored, the senior manager may decide that it is appropriate to either:

• arrange a further review period or
• to dismiss the colleague on the grounds of capability due to ill-health.

18.5 If a decision is made to arrange a further review period and the colleague is not able to return to work at the end of this review period (or returns to work but is unable to provide regular and effective service) the colleague will be invited to another hearing where the senior manager and HR will consider dismissing the colleague on the grounds of capability due to ill health.

18.6 If it is deemed appropriate to dismiss the colleague on the grounds of capability due to ill-health, the colleague will be advised in writing, confirming the date their employment will end, and their right to appeal against the decision.

19. Eligibility for compensation

19.1 Colleagues who are dismissed on the grounds of capability due to ill-health may be eligible for compensation under the rules of the Principal Civil Service Pension Scheme (PCSPS). Details can be obtained from HR.

20. Occupational sick pay allowance

20.1 Colleagues, absent as a result of sickness, may be entitled to Occupational Sick Pay (OSP) at full pay for no more than 6 months (182 days) followed by 6 months (183 days) on half pay, calculated over a 12 month period, for example:

• Mr X starts a period of sickness absence on 1 December 2008 and has had an earlier 2 month absence in June and July 2008. For his current absence, the

20.2 12 month period commences on 1 December 2007 meaning that all periods of absence from 1 December 2007 are taken into account for OSP calculation, resulting in 61 days OSP at full pay already exhausted. If Mr X remains on sickness absence, therefore, he would go onto half pay from 1 April 2009.

20.3 It should be noted, however, that the 12 month period is subject to an overriding maximum of 365 days OSP allowance in any 4 year period. After exhausting the maximum 365 days OSP any further absences will be at no pay, for example:

• Mrs Y starts a period of sickness absence on 1 December 2008 and has had a previous absence of 11 months in 2006 when she was paid OSP of 6 months at full pay and 5 months at half pay. The 4 year period used for the calculation commenced on 1 December 2004 therefore Mrs Y is entitled to OSP at full pay for one month only and she would then go onto no pay at 1 January 2009. She would then remain on no pay until she returned to work. Any Statutory Sick Pay (SSP) due will be included with OSP when OSP is paid at the full rate.

21. Sick pay at pension rate (SPPR)

21.1 Sick pay at pension rate can be considered when the normal entitlement to sick pay is exhausted. The case may be referred to OHS before entitlement to sick pay is exhausted so that they can consider whether the eligibility requirements for sick pay at pension rate have been met.

21.2 Such cases will be reviewed on a monthly basis to ensure that sick pay at pension rate does not go on indefinitely.

22. Taking holiday while off sick

22.1 Colleagues can use their annual leave while off sick. For example, if they:

a. are not physically able to work, but physically able to take a holiday

b. have a mental health condition that might be helped by a holiday

c. are off sick long term and a holiday might help with their recovery

22.2 It is for the colleague to request annual leave while off sick, but you will not be made to do so.

22.3 Taking annual leave will not interrupt a period of sick absence. Sick absence and annual leave can run at the same time. You will need a Fit Note to cover the period. The dates covered by the Fit Note will count towards sick pay limits and absence threshold points.

22.3 If your manager approves your annual leave request you will receive holiday pay during this period.

Long-term sick absence

22.4 Long-term absence is defined as four consecutive working weeks or longer. If a colleague has not been able to use their annual leave because they have been on long-term sick absence, they can carry some or all of it over to the next leave year.

22.5 Colleagues on long-term sick absence can carry over a maximum of 4 weeks' unused annual leave entitlement only. Annual leave that is carried forward due to long term absence must be used within 18 months from the date it is carried over.

22.6 Colleagues are encouraged to use their annual leave entitlement during the leave year it applies to rather than carry over. The use of annual leave should be agreed with your manager.

23. Sick leave due to disability - The Equality Act 2010

23.1 The Equality Act 2010, which replaced the Disability Discrimination Act 1995, makes it unlawful to discriminate against those with a disability in the context of their employment.

23.2 The Act states that discrimination arising from disability means that RoS must not treat a disabled employee unfavourably because of something connected with their disability.

23.3 RoS have a responsibility to make reasonable adjustments for disabled staff.

Reasonable adjustments

23.4 For some colleagues with disabilities, their disability may lead to increased levels of sickness absence. In all such cases, the manager must seek the advice of the HR team on appropriate action in respect of occupational health referrals and possible reasonable adjustments.

23.5 Reasonable adjustments could include adjusting the threshold, discounting disability-related sick absence or modifications to working patterns. Any adjustments must be based on expert medical advice and will follow a discussion between the manager, the colleague and HR. A number of factors, including the practicality of the adjustment and financial and other costs, will be considered.

23.6 Absence records should show clearly which occasions of sickness absence are disability related. However, these will not necessarily be disregarded entirely if action needs to be taken in respect of the individual’s levels of absence.

23.7 RoS encourages all employees to complete an Employee Passport to capture any formal and informal workplace adjustments.

24. Approval and review

24.1 This policy will be reviewed and approved by the Strategic People Authority annually, unless earlier review is appropriate.