Sickness absence policy

1. Purpose and scope

1.1 Registers of Scotland (RoS) is committed to promoting the health and wellbeing of all colleagues. This policy and the associated procedure aim to promote supportive and effective management of sickness absence and that any support is considered as early as possible.

1.2  The purpose of this policy and associated procedure and toolkit is to provide a clear framework for reporting and recording sickness absence and outlines the fair and consistent management of short and long-term sickness absence across RoS. It also ensures that colleagues have the support they need from their managers, as well as access to support services provided by RoS.

1.3 This policy applies to all RoS employees who are absent from work due to illness or injury. It supports early intervention, promotes positive attendance, and aims to reduce the risk of prolonged sickness absence through timely and appropriate support.

1.4  During their probation period, new employees must report and certify their absences in line with this policy. However, any concerns about a new employee's absence will be managed in line with the Probation Policy.

1.5 This policy should be read in conjunction with the Sickness Absence procedure.

1.6 Definitions: Short-term absence means one or more episodes of up to 20 calendar days each. Long-term absence means a single continuous episode of 4 weeks. Disability is defined by the Equality Act 2010.

2. Guiding principles

2.1 The Principles of the Sickness Absence policy are:

2.2 Every absence will be treated in a fair, reasonable, non-discriminatory, and consistent manner.

2.3 The organisation aims to strike a reasonable balance between its operational needs and the genuine need of employees to take time off work because of ill health.

2.4 Absence levels within RoS are monitored by HR, within the People and Change function.  It is the role of the manager to manage the attendance levels of their team, offer appropriate support and to address any issues.  As further set out in the Sickness Absence procedure, managers must maintain regular, sensitive contact during absence, hold Return to Work discussions, consider reasonable adjustments, and seek occupational health advice where appropriate.  How RoS manage and process sickness absence is set out in detail in the Sickness Absence procedure, please see this document for full details.

2.5 It is recognised that, occasionally, a return to work will not be possible and, in these circumstances, it may be necessary to bring the employment relationship to an end. The application of this policy and any associated procedures or processes will be undertaken in compliance with the Equality Act 2010. This may include making reasonable adjustments in the application of the policy to comply with these obligations. Pregnancy-related sickness absence will not be used for trigger purposes. For disability-related absence, RoS will consider reasonable adjustments, which may include adjustments to monitoring thresholds, changes to duties/hours, or finding a suitable alternative role.

2.6 In all cases of persistent short term sickness absence, employees will be offered timely and appropriate support, to improve their level of attendance In those cases where attendance does not improve, formal action, including termination of employment, will be considered.

2.7 RoS uses a ‘threshold’ system to monitor attendance and to inform what support or action is required to be taken. Thresholds act as a trigger for review and supportive discussion and do not automatically result in formal action. These are calculated over a 12-month rolling period. The thresholds are set out in the Sickness Absence procedure.  RoS will apply thresholds flexibly, taking into account  individual circumstances, medical evidence and equality considerations.

2.8 You may be able to take sickness absence on full pay, less any social security benefits received, for up to 6 months in any period of 12 months and after that on half pay, up to a maximum of 12 months sick absence in any period of 4 years or less (Occupational Sick Pay - OSP). Any Statutory Sick Pay (SSP) due will be included within OSP. OSP is subject to compliance with notification and evidence requirements. Failure to comply may result in OSP being withheld (SSP will be paid subject to eligibility requirements being met).

2.9 The policy seeks to ensure that sickness absence matters are dealt with sensitively and with due respect for the privacy of the individuals concerned. Breaches of your right to confidentiality by any other employee, including the employee’s manager, may be treated as a disciplinary matter.

2.10 Unauthorised absence will be investigated and managed under the disciplinary policy where appropriate, after giving the employee an opportunity to explain any mitigating circumstances (e.g., emergencies, communication barriers).

2.11 Annual leave should not be used to mask ill health.

2.12 Annual leave may be approved to be used while on sick absence at your request. Payment for annual leave will be at your normal rate of pay rather than the sick rate of pay. If an employee becomes ill during annual leave and provides suitable evidence, statutory holiday will be reinstated.

2.13 Employees on long-term absence may carry over up to 4 weeks of statutory holiday to the next leave year if they have been unable to take it due to sickness.

2.14 When absent from work due to sickness absence, employees should not undertake activities likely to impede recovery or conflict with medical advice. Employees must not undertake other paid or voluntary work during sickness absence without prior written approval from RoS. Reasonable activities that support recovery or wellbeing are permitted.

2.15 When attending hospital appointments your Team Leader/Manager may authorise time credits for attendance at hospital appointments, and may require evidence of appointments in advance or afterwards.

2.16 RoS will process health-related data in accordance with UK GDPR and the Data Protection Act 2018, relying on appropriate legal bases (e.g, employment and social protection law; substantial public interest). Access to health data will be strictly limited. Retention periods and privacy information are set out in RoS’s Employee Privacy Notice. Employees may request access to their personal data.

2.17 Where absence relates to work related stress, RoS will recommend a stress risk assessment is undertaken and consider adjustments and support.

2.18 Deliberate misuse of sick pay or providing false information may be investigated and addressed under the disciplinary policy.

3. Roles and responsibilities

3.1 Strategic People Authority (SPA) is responsible for the content of this policy, its approval and review. They are responsible for ensuring it's implementation in practice and for monitoring this over time. They are responsible for ensuring that appropriate procedures, guidelines, or standards as are required to support this are maintained and ownership for these assigned appropriately.

4. Approval and review

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