Sickness Absence Policy - June 2025

2. Scope

This policy applies to all our employees with the exception of staff on the complement of locally managed schools, for whom the policy adopted by their respective schools will apply.

In relation to Chief Officers, this will be managed in line with Part 4 – Disciplinary, Capability and Redundancy – JNC Conditions of Service for Chief Officers.

In relation to the Chief Executive, this will be managed in line with Part 13 - Procedure for Discipline, Capability, Redundancy and Other Dismissals – JNC Conditions of Service for Chief Executives.

If you are a probationary employee, the overall principles outlined in this policy will apply to you e.g. how to notify sickness absence. However, for the formal management of absence, the Probationary Policy will override the Sickness Absence Policy during the probationary period. Absence from work may be a reason for extending your probationary period and it may on its own be a reason for dismissal under the Probationary policy.

3. Definition and General Principles

Sickness is defined as ‘incapacity to carry out the duties and responsibilities which you are contractually obliged to do because of your illness or accident’. This policy sets out principles for you and your manager to ensure fairness and transparency when managing sickness absence through:

• Proactively working to promote a healthier workforce.
• Ensuring you understand and comply with the appropriate reporting procedures and certification requirements.
• Seeking medical advice, if appropriate, to determine whether there is any underlying medical cause for your absence.
• Being particularly sensitive when absences are caused by personal or family reasons.
• Showing a reasonable degree of tolerance and empathy towards your sickness absence, while at the same time doing what is possible to support you to improve.
• Checking whether or not your absence is work or non-work related, for example as a result of personal or workplace stressors or due to a mental health condition (Please refer to Mental Health in the Workplace Policy for support and advice).
• Holding Return To Work discussions with you.
• Monitoring absence levels and undertaking a meeting when your absence hits sickness absence trigger points.
• Considering ‘reasonable adjustments’ for you if you have a long-term health condition which has an impact on your ability to undertake day to day activities.
• Using this policy when necessary to end your employment if you are unable to attend work on a regular basis because of ill health capability.

All permanent and temporary, full-time and part-time employees (subject to minimum service requirements) are eligible to receive Occupational Sick Pay (OSP) under the NJC terms and conditions of employment, subject to the conditions outlined in this policy.

4. Responsibilities

As a new employee you should be made aware of your responsibilities under this Policy at the commencement of employment by your line manager through the local induction process and when you are appointed to a post with management responsibilities for the first time.

Regular communication is essential between you and your line manager to ensure all the relevant information is available to support your regular attendance and return to work. The following provides the minimum requirements expected of you if you are absent due to illness:

• Reporting absence directly to your line manager or a nominated deputy by the appropriate time (by telephone);
• Providing self / medical certification for all medical absences as appropriate;
• Attending a Medical Review at our Occupational Health Centre when required;
• Attending the relevant Attendance Management Meetings (AMMs) with your manager to discuss sickness absence as required by this policy.

Your line manager has a key role to play by accurately recording sickness absence at the appropriate time and ensuring that your periods of sickness absence are managed in a consistent and fair manner.

Wider responsibility for the policy rests with Members, Directors, Heads of Service and all Senior Managers as set out in the sickness absence governance arrangements. They are responsible for:

• Scrutinising sickness absence data and considering any trends in sickness absence.
• Ensuring a culture of attendance is in place and promoting a ‘safe and healthy’ workplace.
• Effectively communicating this Policy and accompanying guidance within the respective service areas and ensuring that sickness absence is managed sensitively and consistently.
• Commissioning additional support for you and your team as appropriate and practicable, and ensuring that you have adequate training and supervision to carry out your duties.

The People, Digital & Policy division has responsibility for monitoring the effectiveness of this policy. It will ensure that the proactive approach to management is encouraged through timely advice from the People Services (HR), Employee Wellbeing team (EW) and Learning & Development (L&D) teams, as appropriate.

5. Reporting Procedures

Regular face to face and telephone communication during absence is key to assisting you with your return to work. You must telephone your line manager at the earliest opportunity when you are unable to attend work due to sickness absence. This should be prior to your normal start time, but no later than the first hour of the normal working day. Messages by text and other forms of communication should only be used in emergencies and must be followed up by a telephone call as soon as possible. The method and regularity of communication should be agreed between you and your manager during the initial and subsequent telephone conversations.

Sickness absence reporting guidance is available for Managers and Employees.

If you are unable to work because of illness or accident, then you need to rest and recuperate. As such, you should not ask to take annual leave, flexi or unpaid leave instead of sickness absence. Your line manager is unable to authorise such requests. (Please see para. 3.6 for requests for annual leave during a period of long-term sickness absence)

For absences lasting longer than one day you must telephone your line manager at least one working day prior to your return to work, so that your line manager can make any necessary arrangements for your return.

All absences must be covered by certification.

• Self-certification can be used for the first 7 calendar days only and you should record via ResourceLink self-service, where you have access or by completing a hard copy form if the online service is not available.
• Medical certification (e.g., from your GP) for absences of 8 calendar days or more.

If you are absent from work without a valid reason, this constitutes unauthorised absence and may be considered a breach of contract for which the appropriate action may be taken. It is very important therefore that you make sure you report and keep in touch with your manager throughout your absence.

In all cases, a return-to-work meeting should take place at the earliest opportunity and should be on a ‘face to face’ basis. However, in recognition of the peripatetic nature of some of our workforce, the alternative option of ‘telephone return to work’ meeting can also be utilised. The return-to-work meeting will be recorded on ResourceLink self-service by your manager.

6. Absences of ½ day or less

For recording purposes, sickness absence can only be logged for half day or whole day periods. However, if you are incapacitated for less than that period you should ensure that your line manager is notified and that you self-certify for the period of sickness. This will ensure that you are paid for normal hours. However, it should be noted that this absence will count towards your sickness absence trigger.

7. Employees with two or more posts

If you are employed in more than one post with us, you must ensure that you follow the sickness absence reporting procedures for each post and submit the necessary certification (or copies of your fit notes) as outlined in points 4 & 5 to each of your line managers.

Each line manager is responsible for undertaking absence management meetings in line with sickness absence procedures for each post that you hold. However, with mutual agreement between you and your respective line managers, one manager can lead on the formal absence management process, that will usually be the manager for your main post.

If you are employed in more than one job and a decision is made to end your employment under this Policy in one of your posts then consideration will be given about the impact on other posts, you are employed in within the Council or in a school. Dismissal from one post does not automatically mean that your other posts are at risk. This will depend upon your attendance, medical advice applicable to all your posts and the type of work you are undertaking.

In circumstances where you are employed locally by a school and by the Council, at the 3rd and final Absence Management Meeting where a decision is taken to end your employment on ill-health grounds, a recommendation will be made to the School’s Staff Disciplinary & Dismissals Committee to consider, in line with the school’s governance arrangements.

Please note, any referral for Occupational Health opinion on your fitness to work should reference the fact that you hold more than one post and the nature of each post as this may impact on your fitness to work in one or more of your posts depending on your reason for absence. Where appropriate, your consent will be sought to release appropriate medical information and advice to each of your managers as appropriate to all posts that you hold.

8. Interaction between short and long-term absence

You should note that the procedure will be the same for either short-term, intermittent absences (usually an absence of less than a four weeks), or a long-term absence (usually a continuous absence of a four weeks or over). However, if during the formal procedure your pattern of sickness absence changes from short term to long-term, particularly where the reason for absence may be disability related, it may be appropriate to seek further medical information from the Occupational Health Service.

Whilst this information is being sought you will remain at the same stage of the formal absence management procedure so the nature of your illness or condition can be considered and following the advice of Occupational Health decide whether reasonable adjustments are required prior to moving to the next stage of the procedure. The decision to remain at the same stage will be made on a ‘case by case’ basis depending on the facts and your line manager should seek advice from the appropriate HR Business Partner.

9. Sickness Absence Review Procedure and Trigger Points

It is recognised that periods of sickness absence, be they short-term or long-term, are disruptive to the service and can place added pressures on other staff. It is important that your manager follows this procedure so you can access early support to assist your return to work where appropriate. This is for your benefit, the service and your work colleagues who maintain the service and cover your work when you are absent. In circumstances where attendance remains unsatisfactory, we may have no alternative but to dismiss you because of ill health capability.

10. Retirement on the grounds of ill-health.

At any stage of this procedure if medical advice from the occupational health service indicates that you will not be fit to return to work for the foreseeable future a final AMM may be convened, and a decision may be taken to terminate your employment on the grounds of health capability. If you are dismissed on the grounds of ill-health capability and you are a current or deferred member of the Local Government Pension Scheme you can be referred to the Independent Registered Medical Practitioner (IRMP) to consider whether your pension benefits can be granted immediately.

Centrally employed teachers who are dismissed on ill health grounds are responsible for making an application for ill health retirement to Teachers’ Pensions.

(Please see information on ill-health retirement).

11. Occupational Health

Occupational Health forms part of the Employee Wellbeing Team which provides Health, Safety and Wellbeing advice, guidance and training.

Occupational Health has an important role in advising you and your manager on your fitness to work, reasonable adjustments which will help maintain work, support your rehabilitation after sickness or injury, to aid a return to work as soon as possible.

You do not have to be absent from work, you can be referred by your line manager to Occupational Health at any time, be that prior to a likely absence, during or following a period(s) of absence. Your line manager is encouraged to refer early in the process so that the appropriate medical opinion can be sought, and any reasonable adjustments can be identified. Early intervention can provide a timely solution if a concern is raised or support is needed at any point.

Early intervention can also lead to consideration of redeployment or other options that can facilitate a return to work. (Please see Redeployment Policy)

If a return to work on a ‘phased basis’ is recommended by Occupational Health, this will be granted with normal pay for up to a maximum of 4 weeks.

Your manager may refer you to Occupational Health following a work-related injury after seeking advice from a Health & Safety Advisor.

Occupational Health reports will be provided only to your line manager or the manager(s) noted on the referral form with a copy sent to the HR Attendance Team.

It should be noted that HR/your manager may share relevant information, with your consent, with appropriate senior managers when the final stages of the procedure are likely to be invoked or at the point where you may invoke your right to appeal or review.

You will be required to provide consent to release your medical report. If you respond noting that you do not give your consent, your line manager, with advice from HR will make a decision on your fitness to work without up-to-date medical advice.

A case conference may be convened at any time by your line manager after an Occupational Health consultation if deemed to be beneficial and appropriate. Your line manager will invite you, HR and a relevant medical professional from Occupational Health who will give relevant medical advice. HR will discuss and review all available options with you and your line manager.

Although case conferences are not part of the formal procedure, you may bring a companion to accompany you if available.

The Employee Wellbeing Team undertake proactive health initiatives to promote and encourage healthy lifestyles. Suitable interventions may be recommended to help managers which support your health and wellbeing.

12. Suspending Occupational Sick Pay

There are other situations which may result in Occupational Sick Pay being withheld even when in some of these circumstances the payment of Statutory Sick Pay will continue:

• Occupational Sick payments may not be made when your injuries are caused by paid sporting activities, recklessly participating in dangerous activities or extreme sport, elective cosmetic surgery or for injuries incurred whilst working for another employer.
• The payment of Occupational Sick Pay may be stopped when you undertake activities during a period of sickness which may be detrimental to / or delay your return to work, and / or if you knowingly partake in activities that have previously caused occasions of absence.
• Occupational Sick Pay will not be paid if you fail to attend Occupational Health meetings and / or meetings with managers without due reason or advanced notification. Future Occupational Sickness payments could be affected if you fail to attend without good reason any Occupational Health meeting and / or any therapy sessions or other initiatives agreed by the Authority to assist the employee’s wellbeing without good reason.
• Occupational Sick Pay will not be made if the Occupational Health medical professionals advise a return to work within a specific timeframe and you do not return to work without good reason.
• Occupational and Statutory Sick Pay will not be made if you fail to follow the appropriate notification procedure, and delay providing a ‘fitness for work’ certificate by more than 7 calendar days without good reason.
• You will not be paid Occupational Sick Pay if it is known that during a period of sickness absence you are working for another employer or carrying out any other work, whether paid or unpaid, without seeking prior permission.
• Occupational Sick Pay will be paid in the event of sickness absence which results in a claim against a third party for loss of earnings, however, arrangements will be in place to reclaim Occupational Sick Pay once the claim is settled against the third party.

You have the right to request that the decision to withhold Occupational / Statutory Sick Pay be reviewed by your director or nominated representative with advice from the Assistant Chief Executive (People Management) or nominated representative.

Your request to review a decision must be made by writing to the Assistant Chief Executive (People, Digital & Policy) within 7 calendar days of the date of the receipt of the decision in respect of the withdrawal of Occupational / Statutory Sick Pay and must set out the reasons for the request for a review.

The Director or nominated representative will review the decision, with advice from the Assistant Chief Executive (People, Digital & Policy) or nominated representative and confirm the outcome to you without undue delay.

13. Equalities statement

All employees are required to adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity and gender expression, sexual orientation, pregnancy or maternity, marital or civil partnership status.

In addition, the Welsh Language Standards ask us to ‘ensure that the Welsh language is treated no less favourably than the English language’ and this principle should be adopted in the application of this Guidance.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.

If you require this publication in an alternative format, please contact People Management by emailing CHR@carmarthenshire.gov.uk