Human Resources - Attendance management protocol (L180)

1.0 Summary of Changes

1.1 The following amendments have been made to this protocol on 6 September 2023 - paragraph 3.14.3 updated.

2.0 About this Protocol

2.1 This protocol provides guidance and information on attendance management for police officers and staff. It will apply equally to all members of both Essex Police and Kent Police forces and covers the responsibilities of members of staff, line managers, HR professionals, Occupational Health and the strategic management groups.

2.2 All sickness absence will be treated as genuine unless there is clear evidence to the contrary. In such circumstances the Professional Standards, PIU or HR departments should be consulted for support and advice.

2.3 The aim of this protocol is to effectively manage the welfare needs of individuals who are absent from work due to ill health or injury, in balance with the organisational needs of the force.

2.4 An integral part of the protocol demonstrates Essex Police and Kent Police’s responsibilities and duty of care for our colleagues and the need to provide appropriate levels of support to every member of staff.
Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual.

3.0 Detail the Protocol

3.1 Confidentiality

3.1.1 All information about an individual’s absence from work due to sickness or injury is confidential and must be treated with sensitivity.

3.1.2 Records of absence will be stored securely, and access will be restricted only to those with a responsibility for managing, assisting others in managing or recording sickness absence.

3.1.3 In compliance with the Human Rights Act (1998) and the UK General Data Protection Regulation (UK GDPR), LPA/Divisional Commanders and Heads of Department must ensure that the absence management information used by their Department is the least intrusive option available to provide the information required for the purposes of managing and monitoring absence due to sickness or injury..

3.1.4 Any monitoring or management system used by Essex Police and Kent Police must be secure and only accessible to those with a legitimate reason to do so.

3.1.5 Everyone involved in the management or monitoring of sickness absence has a responsibility to maintain the confidentiality of the information that they are processing.

3.1.6 Commanders/Heads of Departments must ensure that this protocol is made available to everyone, and that those involved in managing or monitoring sickness absence are aware of their responsibilities and must comply with the protocol.

3.2 Managing Attendance

3.2.1 In managing absence, we are maintaining a healthy work environment to ensure that absence levels are kept low, and productivity and cost efficiency kept high. Managing attendance is good management practice.

3.2.2 Managing attendance means:

• Providing the right level of support to meet the needs of the individual;
• Keeping accurate absence records to enable line managers to take the right kind of action at the right time;
• Helping and supporting individuals to return to full duties in good health at the earliest opportunity;
• Everyone plays a part in keeping absence to an acceptable level; this includes all staff who must manage their own level of absenteeism.

3.3 Sickness Absence

3.3.1 There are three categories for the recording of sickness absence;

• Part day – where an individual becomes absent during a working day, they must record the actual hours worked for the period in the workplace via SAP ESS and advise the business centre they are retiring from duty. The absence will not be counted for the purposes of attendance management unless they remain unfit for work beyond that day;
• Short term – up to and including 27 consecutive calendar days. Absence in excess of 7 consecutive days will require a Statement of Fitness to Work (Fit Note);
• Long term – any consecutive period of absence lasting 28 calendar days or more.

3.4 Roles and Responsibilities

3.4.1 Individuals

3.4.1.1 Individuals have a responsibility to:

• Keep themselves fit and healthy and keep their absence to a minimum;
• Support appropriate management initiatives taken on their behalf;
• Report absence in accordance with this protocol;
• Return to work from sickness absence as early as possible and in line with medical advice;
• Remain contactable during absence and keep in contact with managers;
• Notify their line manager of changes in circumstances;
• Provide GP Fit Notes as required;
• Notify their line manager and the Business Centre of return to work details, when known.

3.4.2 Line Managers

3.4.2.1 Line managers are responsible for:

• The day-to-day management, support and wellbeing of their staff;
• Managing staff/officer sickness absence;
• Maintaining regular contact with staff during absence;
• Conduct thorough and timely return to work interviews, complete health and safety risk assessment where appropriate, give full consideration to any identifiable disabilities linked to any reasonable adjustments and be cognisant of medical advice from health professionals;
• Monitoring attendance, including the accurate management of information;
• Providing support and assistance;
• Addressing unsatisfactory attendance in line with procedures for police staff and police officers;
• Promoting the health and safety of their staff, ensuring it is reflected in day-to-day working practices;
• Ensuring staff are aware of this protocol, the standards required and procedures to be adopted, as well as Occupational Health services available to them.

3.4.3 HR Department

3.4.3.1 HR Advisers / HR Business Partners/ Performance Improvement Unit (PIU) Advisers are responsible for:

• Providing advice and guidance to line managers to ensure the consistent application of attendance management principles in accordance with relevant legislation and protocols as to ensure consistent support for the individual.

3.4.4 Occupational Health

3.4.4.1 Occupational Health staff are responsible for:

• Supporting the aims of this protocol by providing advice, guidance and support to individuals and management in order to fulfil their responsibilities.

3.5 Reporting Sickness Absence

3.5.1 All officers and staff who are unable to report for work due to being unwell must report absent on SAP Fiori via the ‘Report My Sickness’ tile or contact the Business Centre at the earliest opportunity.

3.5.2 Business Centre: 01245 452833 or Ext: 833

3.5.3 Individuals are to provide the Business Centre with the following information:

• Reason for absence;
• Date of first day of absence;
• Estimated duration of absence;
• Whether the absence is linked to a current or previous injury on duty;
• Line managers details.

3.5.3.1 Where appropriate, consider a second point of contact approved by the individual as they may not be able to talk on the phone/ be hospitalised/on strong medication.

3.5.4 Your manager will be advised of your absence at the point of contacting the business centre, and staff may also wish to call their line manager (or their immediate supervisor for the day of reporting absent if different) and notify them of their absence.

3.6 Line Management Contact during Sickness Absence

3.6.1 Where the individual’s own line manager has not spoken with them on the first day of absence, the line manager (or person acting on their behalf) will contact the individual, normally by telephone, within 24 hours of them reporting sick. The line manager will seek to confirm the following information:

• The nature of the sickness;
• Consider an alternative to absence, for example working at an alternative location or restricted duties (laptop loans can be provided as an alternative to absence, In Kent please contact your HR Adviser to make a request, in Essex please contact the Diversity and Inclusion Team);
• The likely length of the absence;
• Whether the absence is the result of an injury received in the course of duty;
• Whether the individual has adequate support;
• Whether further support is required including consideration of early referral to Occupational Health;
• Any outstanding work commitments which may require attention;
• Arrange for next contact and, where applicable, discuss the communications plan moving forwards if the absence is likely to persist.

3.6.2 Initial contact will only involve an unplanned home visit where the line manager has been unable to contact the individual by phone and has concerns for the individual’s welfare.

3.7 On-going Contact

3.7.1 Where the expected duration of the sickness absence is unknown, the individual should engage with contact from the line manager and to provide updates on progress.

3.7.2 Following the required 48-hour contact, the line manager will make contact each week (or shift rotation) whilst a member of staff remains absent. The SAP absence contact form will be used to record every contact including those where contact has been attempted but has been unsuccessful.

3.7.3 Contact should normally be by telephone/face call or personal visit. Seeing an individual or hearing their voice better enables a rapport to be maintained. It is accepted that for some individuals, weekly telephone calls and personal visits could be counter productive.

3.7.3.1 In such cases a regime of contact can be agreed, but that must involve at least one personal visit or telephone call every 14 days. The individual may request that a manager other than their own line manager maintains the contact where this is deemed more appropriate for the individual’s wellbeing.

3.7.3.2 Only in exceptional cases should contact be exclusively by text message, emails and other forms of impersonal contact. Line managers should record any regime of contact, with a rationale, that departs from the accepted norm of weekly contact by telephone, face call or personal visit.

3.7.4 The main aim of the ongoing contact is to ensure the individual’s wellbeing and the outcome of any medical appointments, update them on work events and discuss, when appropriate, the prognosis for a return to work and recuperative or adjusted duties. Under no circumstances should this contact be used as an opportunity to pressurise an unfit individual to return to work against medical advice. Consideration should be given as to whether the individual can travel to their medical appointments and whether they have adequate funds to do so. If not, then signpost to Benevolent Fund as support.

3.8 Personal Visits

3.8.1 Personal visits involve face to face contact with the member of staff at an agreed location. This may be at their home address, a work address or other location agreed with the member of staff.

3.8.2 A personal visit by the line manager requires the willing consent of the individual.

3.8.3 Unless there are exceptional circumstances, the individual should be contacted by telephone in advance to arrange a personal visit.

3.8.4 Where the individual’s condition is contagious, the line manager should consider the appropriateness of contact via telephone/face call rather than a home visit until the period of contagion has passed.

3.8.5 If an individual is not residing at their home address during sickness absence, they should notify the Business Centre immediately of the new contact details. Where this is not possible due to the absence reason then the line manager will take responsibility for ensuring all relevant records are updated to reflect those changes, even if temporary.

3.9 Statement of Fitness to Work (Fit Note)

3.9.1 Where absence extends beyond 7 days, the individual is required to obtain and submit a Fit Note from their GP to the Business Centre. Officers and staff must seek medical attention if they are unwell for more than 7 days. The force continues to expect officers and staff to seek assistance from primary care when they are unwell. If there is difficulty, or inability to speak to 111 or the GP then on a case by case basis officers and staff can seek an exception by approval.

3.9.1.2 Please use [email protected] to forward a copy of your certificate. If you do not have access to email the fit-note please post to The Business Centre, Essex Police Headquarters, Sandford Road, Chelmsford, Essex CM2 6DN.

3.9.2 Where a Fit Note is not submitted for a period of sickness absence, the absence may be considered as unauthorised. This may lead to the withholding of contractual sick pay for police staff and the consideration of conduct procedures.

3.9.3 Line managers are responsible for supporting individuals whom are experiencing difficulty in sending the Fit Note to the Business Centre.

3.9.4 Individuals should not actively undertake any activity that is likely to frustrate their recovery or prolong their absence.

3.10 Sickness on Annual Leave

3.10.1 Where a member of staff or officer has booked an annual leave day and wishes to reclaim that day due to sickness, they will need to follow the normal sickness reporting procedure as set out in Attendance Management Policy (L180) and the absence will be managed in accordance with the Attendance Management Process (AMP).
Where a member of staff or officer has booked a period of annual leave and then during that period reported sick, the same would apply as detailed above, i.e, they would follow the normal sickness reporting procedure.

3.10.2 Annual Leave and Short-Term Sickness – Essex Only

3.10.2.1 Essex only - Where a member of staff or officer has booked an annual leave day and wishes to reclaim that day due to sickness, they must follow the normal sickness reporting procedure; they must speak to their line manager on the day of sickness. A return to work interview would need to be done and the sickness managed as normal.

3.10.2.2 Essex only - Where a member of staff or officer has booked a period of annual leave and then during that period reported sick, the same would apply as detailed above, i.e., they would have to ring in each day or within 24 hours, unless the line manager decides that due to the nature of sickness absence a daily call is not required (i.e., a broken leg).

3.11 Elective Surgery

3.11.1 Essex Police and Kent Police recognise that elective procedures such as cosmetic surgery are becoming increasingly available.

3.11.2 For the purposes of this protocol and the rights to sick pay, elective surgery is any procedure that is not strictly necessary for medical or psychological reasons.

3.11.3 If a member of staff decides to undergo elective surgery other than gender reassignment (see 3.17.2.8) as defined in the Equality Act, it is largely a matter for the individual concerned. As such, individuals should ensure that they have sufficient annual leave, time off in lieu etc, to facilitate their undergoing surgery and any anticipated recovery period. Where this is not the case consideration will be given to granting unpaid leave to cover the deficit.

3.11.4 When considering the granting of sick pay to cover periods of absence arising out of elective surgery, line managers should seek advice from their Human Resource Adviser and Occupational Health. This will ensure a consistent approach, taking into account any medical or psychological issues and ensuring that the procedure is applied in a non-discriminatory manner.

3.11.5 On occasion, an elective procedure may result in complications, such as a secondary infection which requires more time off work than anticipated. The additional time off will be treated as paid sick leave.

3.12 Referral to Occupational Health

3.12.1 Line managers will consider referring the individual to Occupational Health where appropriate and must refer an individual where the absence is:

• Psychological; (at 7 days of absence, note – if additional counselling/support is required then this can be sought immediately via self-referral either via the Employee Assistance Programme (EAP) or to Counselling & Wellbeing;
• Musculoskeletal; (at 7 days of absence, however if post-operative may be delayed or may not be required depending on circumstances);
• Related to an injury on duty (immediately following report of absence);
• An on-going medical condition (immediately following report of absence);
• Frequent short term absence (immediately following report of absence);
• Continuing or likely to continue more than 28 days.

3.12.1.1 A referral to Occupational Health, is designed to ensure the individual receives all the relevant support as soon as possible. The medical professional will determine an appropriate timing for the appointment to take place, dependant on the individual circumstances. Specific management questions can be posed to Occupational Health in the referral. Advice and guidance on this can be sought from HR or PIU to support the line manager in this.

3.12.1.2 In referring an individual to Occupational Health, the individual does not need to consent to the referral, however the line manager is required to discuss the referral with the individual. The contents of the referral form are disclosable to the individual.

3.12.2 Officers and staff are reminded that appointments with an Occupational Health Adviser (OHA)/Force Medical Adviser (FMA) are mandatory duty commitments.

3.12.3 Failure of a member of police staff to attend an Occupational Health appointment without good reason and/or failure to maintain contact with representatives of the force whilst on sick leave may result in the loss of contractual sick pay. For police officers, consideration may be given as to whether the failure to attend an appointment may be a misconduct matter.

3.12.4 In referring an individual to Occupational Health, the individual does not need to consent to the referral.

3.12.5 Information, guidance and support can be found on the Welcome to Healthy You – The Home of Health and Wellbeing Services (sharepoint.com) pages including full details of the internal services provided by Occupational Health, Counselling and Wellbeing and Physiotherapy.

3.13 Reasonable Adjustments (Workplace Adjustments)

3.13.1 The Equality Act 2010 states that a disability is “a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities”. Long term is defined as has lasted at least 12 months, or is expected to last at least 12 months, or is going to last for the rest of the natural life of the person concerned.

3.13.2 Line managers will ensure that they comply with their responsibilities to provide reasonable adjustments where appropriate. Advice should be sought from a Human Resource Adviser and Occupational Health.

3.13.3 Line managers must consider reasonable adjustments as a result of not considering reasonable adjustments may result in excluding an individual from the workplace. Such absences may not be treated as sickness absence where facilities are inhibiting attendance at work.

3.14 Pay Entitlements

3.14.1 Police Officers (Regulation 28)

3.14.1.1 If an officer has been on sick leave for an accumulative period of 183 days during a twelve month period, they will cease for the time being to be entitled to full pay and will become entitled to half pay while on sick leave.

3.14.1.2 If an officer has a cumulative total of twelve months sick leave in a rolling twelve-month period they will cease to be entitled to any sick pay while on sick leave.

3.14.1.3 The cumulative sickness total is the sickness accrued in the calendar year prior to the first day of the current period of sickness, plus the current sickness period.

3.14.1.4 The Chief Constable, devolved to the Head of Health & Wellbeing, has the discretion to extend the time under which pay continues at full rate and half rate. There is no entitlement for periods to be extended, and officers should not expect this to happen.

3.14.1.5 If the period of full pay is extended, the entitlement to the period of half pay is reduced proportionally; i.e., full pay extended by 2 months, leaves an entitlement of 4 months (not 6 months) at half pay rate.

3.14.1.6 When an officer’s pay is reduced to half rate:

• Payment of ‘Essential User’ allowance will be paid at full rate for the first three months, and at half rate for the next three months;
• Payment of ‘Rent’ or ‘housing’ allowance and South East Allowance will continue to be paid at full rate.

3.14.2 Police Staff

3.14.2.1 Police staff have a qualifying period for sickness pay which is determined by length of service, please note for the purposes of the contractual benefits one month equates to 30 days:

During 1st year of service	1month full pay and after 4 months service, 2 months half pay
During 2nd year of service	2 months full / 2 months half pay
During 3rd year of service	4 months full / 4 months half pay
During 4th and 5th year of service	5 months full / 5 months half pay
After 5 years’ service	6 months full / 6 months half pay

3.14.2.2 Payment of essential user allowance will continue for the month in which the individual falls sick. It will then be paid for 3 months at full rate and 3 months at half rate and then cease to be paid until the individual returns to work.

3.14.2.3 The cumulative sickness total is the sickness accrued in the calendar year prior to the first day of the current period of sickness, plus the current sickness period.

3.14.3 Police Officers and Police Staff

3.14.3.1 For sick pay purposes, if a police officer or member of police staff is injured or becomes ill whilst undertaking the requirement of their role, the Chief Constable, devolved to the Head of Health & Wellbeing, can determine that full pay is extended beyond the normal period, and the case will be reviewed monthly at the Force Attendance and Wellbeing Management Group.

3.14.3.2 Other factors are considered by the Force Attendance and Wellbeing Management Group when determining whether exceptional circumstances exist, and full pay should be extended. Please see section 3.21 for further detail.

3.15 Recuperative / Restricted Duties

3.15.1 Police Officers

3.15.1.1 For police officers please refer to L1550 Protocol - Limited Duties-Police Officer.

3.15.2 Police Staff

3.15.2.1 If the individual is unable to return to work on full time duties, or if the medical prognosis allows the individual to return to work on a managed, recuperative programme which will bring them back to full time duties within a defined period, then the individual will resume working on full pay.

3.15.2.2 Where a member of staff works fewer hours than they are contracted to work, their pay will be adjusted to take account of the reduced hours, if their return to work/rehabilitation period is in excess of 12 weeks. Where the individual believes that extenuating circumstances exist, they may request an appeal, the request must be in writing, setting out their circumstances, to their HR Adviser who will forward the submission with any relevant additional information to the Pay and Compassionate Leave Review Panel who will review the case.

3.15.2.2.1 Examples of extenuating circumstances are:

• Is the staff member engaged in the recuperative process because of an injury on duty?
• Is the absence and subsequent recuperation period due to a disability as defined under the Equality Act 2010? Whilst this would not automatically warrant an extension to the recuperative period, it is a matter for consideration;
• Are there any organisational delays in the provision of equipment to facilitate a return to a staff member’s contracted hours and/or their contracted role. E.g., any delays in the provision of IT, a suitable desk or chair;
• Has the staff member paid for private medical treatment to facilitate their return to their full contracted hours or their full contracted role?

3.15.2.3 Where an individual is redeployed to a lower paid position as part of a return to work plan and this extends beyond a 3-month period, he/she may be recompensed at the pay rate applicable for the duties being performed (subject to any provisions in respect of “at risk” considerations).

3.15.2.4 Where other periods of recuperative duties have been utilised within the rolling twelve-month period, the three-month maximum period for full pay, in totality, will apply.

3.15.2.5 In all the above instances, cases will be considered on their individual merits and current salary levels will only be maintained in cases where there is substantial justification for so doing.

3.16 Returning to Work

3.16.1 Individuals must contact the Business Centre as soon as they are fit for work, regardless of whether that day is a working day, non-working or rest day. Failure to do so will result in additional days being recorded as sickness absence and may require the submission of a Fit Note.

3.16.2 Staff and officers returning to work, are required to complete their section of the return to work form within their Employee Self Services, SAP and forward to their line manager or nominated manager completing the meeting. The line manager will then undertake the return to work interview when received.
 
3.16.3 The return to work interview will be held on the day of return to work, or within 48 hours if this is not possible. If, however the return to work is based on a medically approved return to work plan requiring a health & safety risk assessment and/or reasonable adjustments, the interview must take place on the day of return. The interview must be carried out by the line manager in private. Where the line manager is unavailable the interview should be undertaken by an alternative manager, who will brief the line manager on the outcome.

3.16.4 Before the interview, the line manager should collate and review relevant information to include, where appropriate:

• Notes on contact during sickness;
• Previous return to work interview Notes;
• Attendance support meeting Notes;
• The individual’s absence record for the past 12 months;
• Occupational Health reports;
• Recuperative duties programme;
• HR and/or OH advice regarding reasonable adjustments.

3.16.5 The following issues will be covered during all return to work interviews

• Ensure that the individual is fit to return to work - if there is any concern that the individual has returned too soon the line manager can ask the individual to provide evidence from their doctor confirming they are fit. If a line manager is not satisfied an individual is fit to be in the workplace, HR advice must be immediately sought;
• The individual’s welfare and any necessary support to help manage it;
• Confirming the reasons for the absence;
• Any health, personal or work related problems, including completion of a risk assessment where appropriate;
• Work/ activity/ team updates;
• If the individual’s sickness record is approaching absence indicators as defined by this protocol, ensure they are aware of the indicators and the implications of continued unsatisfactory sickness levels.

3.16.6 Where the individual has met an indicator as a result of the period of sickness absence, an Attendance Support Meeting will be held.

3.16.7 Depending on the circumstances of the sickness absence, the following issues may also be covered, where appropriate:

• Planned recuperative duties programme;
• Latest available medical advice;
• If the absence was work related, ensure that any necessary steps are taken to prevent a recurrence;
• If the individual’s condition is or may be a disability, whether any reasonable adjustments are required.

3.16.8 The line manager must record the return to work interview on the relevant ESS/MSS tile, within SAP titled Managing Sickness Absence.

3.17 Managing Unsatisfactory Levels of Attendance

3.17.1 Attendance Support Meetings

3.17.1.1 Where an attendance indicator has been met the line manager will undertake an Attendance Support Meeting (ASM) with the member of staff unless formal procedures have already been initiated in line with the Police (Performance) Regulations 2012 or Capability procedures.

3.17.1.2 The purpose of an ASM is to discuss a staff members attendance at work, identifying reasons for absence, document the support being provided and is a supportive mechanism with the aim of improving attendance at work.

3.17.1.3 Areas discussed during the ASM will include;

• The nature of the illness, injury or condition;
• The likelihood of the illness, injury or condition recurring;
• The pattern and length of absence;
• The impact on the workplace;
• What supportive management action has been put in place and the extent to which the individual has co-operated;
• Actions to support an improvement in attendance at work;
• A reasonable time frame within which sufficient improvement should be achieved;
• That if attendance does not improve sufficiently, Capability or Unsatisfactory Performance procedures might be instigated;
• Any disability issues requiring consideration of reasonable adjustments;
• Any wellbeing considerations.

3.17.1.4 Further ASM’s will be undertaken at least once a month to review progress, until the line manager is satisfied that sufficient improvement has been achieved and maintained. The PDR will be used to record progress.

3.17.1.5 The line manager must record the meeting on the ASM electronic form and submit completed forms to HR for police staff and PIU for police officers.

3.17.2 Unsatisfactory Levels of Sickness Absence

3.17.2.1 Line managers are responsible for monitoring, supporting and intervening where staff members are absent from work. This includes identifying levels of absence which may be unsatisfactory and taking action to support the staff member back to satisfactory attendance.

3.17.2.2 The aim of managing repeated lengthy absence is primarily to identify, support and address the underlying cause. Managers must be alert to repeated absence and investigate it early to prevent the problem increasing.

3.17.2.3 In order to effectively and consistently manage attendance, the following indicators will be used when considering whether attendance is unsatisfactory;

3.17.2.4 In a rolling 12-month period:

• They have 5 or more separate occurrences of absence;
• They have a cumulative total of 15 or more calendar days of sickness absence;
• They have a Bradford Score* of 300 or more;
• There is an apparent pattern of sickness.

3.17.2.5 * A Bradford score is a formula (O x O x D) used to assess someone's attendance record. O = the number of occurrences of absence in a rolling 12-month period. D = the total number of calendar days of absence.

3.17.2.6 The line manager will review a staff member’s absence when an indicator is met.

3.17.2.7 Attendance indicators may also be used to determine whether an individual’s attendance record is relevant for the purposes of internal recruitment, promotion and career breaks. HR advice should be taken in relation to any absences that are disability related or arise from an injury on duty.

3.17.2.8 Time off to attend appointments or procedures as part of transitioning should be recorded as medical appointments. Any subsequent sickness as a result of any process or procedure should be recorded as sickness absence, in order to safeguard an individual’s privacy. However, such sickness will not count towards frequent sickness totals or result in an individual being penalised for promotion or specialisation.

3.17.2.9 Information, guidance and support can be found on the Diversity and Inclusion Extranet pages.

3.17.3 Pattern of Sickness

3.17.3.1 Any sickness absence that appears to form a pattern should be reviewed with a view to considering whether it is unsatisfactory or potentially a misconduct matter or whether is an underlying welfare consideration.

3.17.3.2 Examples of a pattern of sickness absence may include;

• Absences before or after non-working days (rest / free days / annual leave);
• Regular part day absence;
• Coinciding with a partner or family member’s time off;
• Similar periods of absence each year.

3.17.4 Management Intervention

3.17.4.1 The primary aim of early management action is to improve attendance at work. It is envisaged that early intervention should achieve the desired outcome. Attendance concerns should be handled in a timely and supportive manner and in the strictest confidence.

3.17.4.2 Where attendance is assessed as unsatisfactory, a PDR objective should be created so review and progress can be recorded. The line manager should record the nature of the attendance issue, the advice given and the steps taken to address the issues identified.

3.17.4.3 Line managers should seek to establish whether there are any underlying reasons for the unsatisfactory attendance and identify appropriate actions to support the individual achieve sufficient improvement.

3.17.4.4 Contact during absence and return to work interviews are essential tools to support an improvement in attendance.

3.17.4.5 The Occupational Health Department is an essential part of effective attendance management and should be involved as soon as any concerns about an individual’s attendance are identified.

3.17.4.6 In any unsatisfactory attendance case it is essential that managers ensure compliance with their obligations under the Equality Act 2010.

3.17.4.7 Advice and support is available from the HR department or the Performance Improvement Unit.

3.17.5 Formal Action

3.17.5.1 Where sufficient improvement is not achieved or maintained within a reasonable time frame the line manager should consider formal action in accordance with the Capability or Unsatisfactory Performance procedure.

3.17.5.2 Advice and support is available from the HR department or the Performance Improvement Unit.

3.18 Absence within Probation

3.18.1 Absence of police officers and staff within their probation will be monitored as part of the Attendance Management Group process.

3.18.2 Police Officer

3.18.2.1 Where a student officer has a period of absence, an ASM will be held and thereafter reviewed on a monthly basis.

3.18.2.2 Where an absence or period of absences reaches a level that could be considered unacceptable, Regulation 13 of the Police Regulations 2003 Discharge of Probationers may be followed. Line managers should obtain advice from their HR Adviser or local Probationer Development Officer.

3.18.3 Police Staff

3.18.3.1 Where a staff member within probation has a period of absence, an ASM will be held and thereafter reviewed on a monthly basis to monitor attendance improvement.

3.18.3.2 Where absence continues and reaches unacceptable levels, capability procedures in line with existing protocols will be followed whereby staff within probation will be dealt with at stage three of the protocol.

3.18.3.3 Line managers should obtain advice from their HR Adviser.

3.19 Ill Health Retirement

3.19.1 In certain circumstances for police officers and police staff, consideration may be given to retirement on the grounds of ill-health. In the first instance, a referral to Occupational Health is appropriate to initially assess the possibility of progressing an application. This assessment is not the final determination and if supported by the Force Medical Advisor, for both police officers and police staff an application and medical assessment process will be undertaken.

3.19.2 It is not within the gift of the organisation to grant retirement on the grounds of ill-health, but via formal medical assessment by an impartial Occupational Health Practitioner, (police officer - Selected Medical Practitioner (SMP) and police staff - Independent Registered Medical Practitioner (IRMP)) who has had no previous involvement with the potential ill-health retirement candidate. Full details will be discussed with the individual if appropriate.

3.20 Attendance and Wellbeing Management Group (AWMG)

3.20.1 The purpose of an Attendance and Wellbeing Management Group (AWMG) is for the AWMG chair to review the attendance picture for their Command and ensure consistency in application of Force policies and procedures. The AWMG chair will hold heads of department to account by reviewing personnel information as set out in the AWMG data pack and set actions where appropriate. Meetings will be held on a monthly basis, chaired by the Head of Command or in their absence their Deputy.

3.20.2 The meetings will be attended by relevant SLT members and the relevant HR representative for the Command. A member of Health Services and Performance Improvement Unit may attend at request of the Chair.

3.21 Force Attendance and Wellbeing Management Group (AWMG)

3.21.1 This group consists of the Head of Health and Wellbeing, a representative of Operational HR and representatives from staff associations/unions. The Force AWMG meets monthly in each force to review all cases of long term sickness (28 days +) and reviews care and wellbeing provision to individuals who are sick for extended periods, or who are repeatedly absent from work due to sickness. The purpose of review is to instigate appropriate actions.

3.21.2 The Force AWMG also review cases as they become liable to the reduced pay provisions as determined at section 3.14.3.

3.21.3 Where pay determinations are required line managers/supervisors must:

• On receipt of a notification letter to the individual from Business Services, explain the Attendance Management protocol to the individual and the date when they become vulnerable to a pay reduction;
• Provide the individual with a copy of this protocol, and explain that they [individual], with the support of their union or staff association can make representations relating to the reduction;
• Where requested, provide an update to the Health and Wellbeing Services, which will include:
  o Attendance and performance of the individual;
  o Brief update regarding the nature of the absence;
  o Injury on Duty information;
  o Any other relevant factors for the Attendance Management Group to be aware of regarding the individual’s case

3.21.4 The Force Attendance and Wellbeing Management Group will determine whether exceptional circumstances exist and pay should be extended by considering one or more of the following factors:

• Illness or injury resulting whilst undertaking the requirement of the role;
• Advice from Occupational Health on the prognosis of the condition resulting in a significant welfare issue, e.g., terminal illness;
• The individual’s career and attendance record;
• Whether the individual is awaiting surgery, or other treatment, and if the delay in returning to work is caused through exceptional NHS delay.

3.21.5 *Essex staff – in line with Police Staff Council changes effective from 01.04.17, a period of absence due to an injury sustained in the course of duty which is not the fault of the individual should be excluded from any calculation in respect of the period of entitlement to full or half pay. This does not affect the Bradford Score calculation or any other processes.
 
3.21.6 An individual's pay will be subject to an automatic reduction on their vulnerable date unless an extension to pay is authorised by the Attendance and Wellbeing Management Group. The payroll and pensions team will be advised by the Attendance and Wellbeing Management Group to make an extension to pay as appropriate.

3.21.7 Following the Force AWMG and upon notification, line managers must:

• Within 48 hours of receipt of the pay notification letter, contact the individual by telephone/face call to notify them of the content and following consultation with the individual concerned, the line manager will then either email the letter to a pre agreed and tested email address, post the letter via recorded delivery or deliver the letter personally as part of a home visit, the method of delivery to be based on the individual’s choice;
• Address the welfare needs of the individual;
• Provide assistance to the individual or direct them to the appropriate staff association or support group if an appeal against the decision is desired and ensure the individual is made aware of the paragraph 3.21.4 and 3.21.8 of this protocol;
• Continue to take active interest in the member of staff and address welfare needs to facilitate an early return to work.

3.21.8 The individual is entitled to appeal to the Pay and Compassionate Leave Review Panel to review the case where extensions to pay entitlements have not been made:

• The individual will be required to provide a full written account outlining the grounds for the appeal and address to the Attendance and Health and Safety Admin. (Essex) or the Attendance and Project Support Officer (Kent);
• The individual will be notified of the appeal outcome, in writing, as soon as is practicable.

4.0 Equality Impact Assessment

4.1 EIA – February 2022.

5.0 Risk Assessment

5.1 Essex Police and Kent Police will apply the principles of this protocol consistently and fairly and the objectives of this protocol are to:

• Contribute to the creation and maintenance of a healthy, productive workforce;
• Enable managers to intervene appropriately to provide support, and address the welfare needs of individuals who are absent from work, or who are returning to work after a period of absence;
• Contribute to the reduction of sickness absence in the forces to an acceptable level;
• Ensure the effective management of recuperative programmes designed to support individuals to return to full duties in good health, at the earliest opportunity.

6.0 Consultation

6.1 This protocol has undergone extensive consultation, including the Attendance and Wellbeing Board, during its review.

7.0 Monitoring and Review

7.1 The monitoring of this HR protocol will be by the Head of Health Services.
7.2 The protocol will be reviewed every two years.

8.0  Data Security

8.1 Essex Police and Kent Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

9.0 Retention & Disposal of Records

9.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

9.2 We will only hold data for as long as necessary for the purposes for which we collected.