Health, Wellbeing & Attendance

EA supports staff to return to work when they are fit to do so and line managers are encouraged to facilitate an early return to work where possible.

There is no longer a requirement for a Statement of Fitness for work to confirm a staff member as fit before they can return to the workplace. New Government guidelines state:

“You can go back to work at any time you feel able to (including before the end of the fit note) without going back to see your healthcare professional, even if your healthcare professional has indicated that they need to assess you again” Gov.uk

IMPORTANT: Please note that a discussion with your line manager is essential before a return can be accommodated, as is an appropriate notice period from the staff member.

Employees can return to work, subject to appropriate notice, in circumstances where a GP has indicated on the ‘certificate of fitness for work’ that they may be fit to return.
The Fit Note may detail appropriate adjustment(s) required to facilitate a return to work within a given timescale e.g. phased return, amended duties etc. A discussion between the school leader/line manager and employee will be required about what adjustments are necessary to support a return to work and the time frame for this.

In situations where the Occupational Health clinician deems an employee fit to return to work and they currently hold a GP fit note indicating otherwise, the employee’s earlier return to work date can be captured on the ‘returns’ going to the Payroll department. In cases like this the Occupational Health expert opinion will supersede the advice of the GP. The manager and staff member should have a discussion about what measures need to be put in place for that return and within an agreed time frame to include the appropriate notice period.

A phased return to work is a reasonable adjustment that the employer should apply to support an employee back to work when they are deemed fit to return to some degree of their existing duties. This advice will normally be provided via the GP Fit Note or Occupational Health Clinician. A phased return is normally for a maximum period of 4 weeks but can often be for less duration. The purpose of such a return is to gradually increase an employee’s working pattern back to full capacity. The application of phased returns will vary depending on the type of contract and/or operational requirements.
For example a full time employee may begin;

• week 1: phased return working 2 days and off the other 3 days
• week 2: work 3 days
• week 3 and 4: potential to work 4 days.

Please note. A teacher returning to work on a phased return resumes normal salary immediately regardless of hours/days worked.
In the case of non teaching staff, during phased return, salary will be calculated and paid for actual hours worked subject to the relevant sick pay entitlement. Alternatively, with agreement between employee and line manager, annual leave can be used to facilitate a phased return to work which may, in addition, support the employee’s return to normal salary.
Where there is a likelihood that your employee falls under the Disability Act, you may wish to contact the EA’s DESS (Disability Employment Support Service) team:
[email protected] 

Inspire Workplace number is – 0808 800 0002
EA recognises that from time to time staff may require support in resolving personal or other issues which may impact on their working life.

‘Inspire Workplaces’ provides, on a confidential basis, support to staff when problems become persistent, unmanageable or affect health and wellbeing. It provides support for a range of mental health matters. This may include common symptoms such as stress, anxiety or having difficulty coping with situations such as bereavement grief, relationship issues, family or financial difficulties, addiction, work related problems etc.

The decision to request or accept assistance from Inspire Workplace is the personal choice or decision of the individual, whose identity will remain confidential by the EAP provider and will not be disclosed to the Education Authority.

As EA’s Employee Assistance Programme (EAP) provider, Inspire can offer a range of bespoke services to support both schools and services when they need it the most. Bespoke interventions can typically support teams following a traumatic event as part of an after care service. Other support can include proactive measures e.g. highlighting the importance of self-care and supporting others.

“We have received many positive EA testimonials advocating this service and strongly recommend this support to anyone experiencing difficulty”.

All employees also have access to the EA Health and Wellbeing Hub, HealthWell, where they can access all kinds of additional support specific to their needs.

There is a responsibility on the school leader/line manager and the employee to maintain contact with each other during sickness absence. The school leader/line manager’s contact should always be of a friendly, supportive nature and mindful of the wellbeing needs of the staff member. Maintaining contact between both parties should enable effective open communication to facilitate the employee’s return to work.

In the Health and Wellbeing team we see more cases were school leaders/line managers are criticised for not ensuring contact arrangements are in place as opposed to complaints about school leaders/line managers being seen to be pestering someone (often an inexperienced school leader/line manager’s concern). Therefore we strongly endorse school leader/line managers being proactive to agree contact arrangements with their staff from the first day of absence.

For further guidance and advice please contact [email protected]

Any barriers that present in terms of establishing or maintaining contact should be mitigated quickly and an agreed communication strategy agreed with both parties. The Managing Attendance Toolkit has a variety of template letters to support these types of scenarios. There are a number of options to consider and further guidance can be sought from the HR team:
[email protected]

Normally a formal attendance meeting will take place on the employee’s return to work and when the relevant Managing Attendance policy trigger points have been reached.
For reference, the trigger points indicating the need for further action by a school leader/line manager are as follows:

Teaching staff:

• Absences of more than 6 casual days in a 12 month rolling period
• Continuous absences of 4 weeks or more

Non-Teaching Employees

• More than 8 casual days absence in a 12 month rolling period
• More than 3 periods of absence in a 12 month rolling period, each in excess of 3 days duration
• Continuous absence of 4 weeks or more.
• An individual employee with an absence rate of 5% or more.

Please note
Whilst absence relating to Work Related Stress is not a trigger point, it is a situation that requires swift action/support from school leader/line manager.

The mandatory training covers this topic in detail. See link above (video module 5).
The purpose of an absence review meeting is to determine and discuss the reasons for the absence level or pattern. It is not a disciplinary meeting. The meeting provides the opportunity to discuss relevant issues and, for example

• To establish the current health status of the employee and whether there is an underlying cause and to discuss the support requirements linked to ill health
• To examine circumstances where it is reported that the absence is due to a difficulty at work; or a more serious health condition; or a personal or domestic problem
• To consider the need for a reasonable adjustment in the case of a disability
• To consider if a medical referral is required if this has not been established
• To consult and agree on actions arising from the report of a specialist
• To raise awareness of the availability of the Inspire support service (EAP programme)
• To confirm the accuracy of the employee’s attendance record and provide the employee with a copy
• To encourage improved attendance, e.g. to establish the improvement level required, the monitoring review period, and the possible consequences of a continuing unsustainable level of attendance
• To provide the employee with alternative options on which he/she may require information
• To advise on other relevant procedures

In cases where the steps of the Managing Attendance procedures have been exhausted the manager may wish to consider escalating to other procedures i.e. Ill Health Termination or Disciplinary procedures. Please contact People Services to discuss options: [email protected]

1. The employee should be invited to attend a meeting with you to discuss the perceived stressors in
the first instance.
2. The intention of the meeting should be to explore ways to address all stressors, provide support
and secure a successful return to work.
3. Where the employee has indicated that you are implicated as a source of stress, you may wish to
offer the employee the opportunity to meet with a suitable alternative manager e.g. VP.
4. The following guidance can be found in the Managing Attendance Toolkit. 

Occupational Health is a specialist branch of medicine that focuses on the physical and mental wellbeing of employees in the workplace.
The purpose of an Occupational Health appointment is to establish an independent view on an employee’s medical fitness for the job in which he/she is employed, or for a job to which they may potentially be employed.
In addition, the employer may need to seek independent medical guidance in relation to staff support, staff adjustments and/or rehabilitation programmes including circumstances where an employee may have a disability and requires specific support.
It is the line manager/principal’s role to initiate a request to the Employing Authority for a referral to an Occupational Health Clinician when it is appropriate to do so. The Chair of Governors can perform this duty for Principal referrals.
Where feasible, the Referrer should discuss the decision to make a medical referral with the member of staff. The Referrer should ensure the OH referral is written objectively, and information is both factual and relevant. The Referrer can share the OH referral and, if relevant, referral correspondence with the individual in advance of the meeting if requested to do so by the employee.

The manager may require information from the Occupational Health specialist as a proactive step in supporting their employees to remain in work or where an employee is absent and requires additional support to return to work.

The manager can contact the HR People Services team to request a referral form in order to set up appointments and receive corresponding reports. In all cases, guidance from the HR People Services team is provided to support next steps. [email protected]

Please see relevant training video detailing how to complete a referral form in the mandatory training section.

You should only make a referral to OH when there is a clear purpose to do so. An employee may be referred to an Occupational Health Clinician in the following circumstances (this list is not exhaustive):

• When there is significant concern about health and/or wellbeing
• Absence period has become more protracted than anticipated
• When employee is absent with mental health related illness (Inc. anxiety/depression etc.)
• To provide support linked to disability or possible disability
• Advice on rehabilitation/reasonable adjustments required
• Pre-employment assessment / advice required
• In accordance with the relevant procedures relating to Termination of Employment on the Grounds of Ill Health or Capability
• Following a formal attendance meeting
• When absence triggers have been met and following engagement with the employee and further medical guidance is required
• Medical suspension scenario
• When an employee’s contractual hours are being changed due to ill health

Please note: Where work related stress is cited a referral to Occupational Health may not always be the most appropriate course of action. An offer of an initial support meeting with management may be a more effective step to support the individual.

Please see relevant training video detailing how to complete a referral form in the mandatory training section.
A referral form can be requested from your local EA People Services office at:
[email protected]

The form clearly indicates the information required for the Occupational Health clinician. However, in order to receive a meaningful report, it is important that the school leader/line manager provides as much relevant, factual detail about the case. An additional page of relevant background information can be included where necessary. Typically, this should include details of any management intervention to date, an absence history, a job description/details of job requirement and any specific questions the clinician should address. It is important to detail any reasonable adjustments that have been applied, considered or deemed appropriate. The form includes standard questions which serve as a guide for school leaders/line managers.

A recent review into the Occupational Health process identified the quality of school leader/line manager referrals across EA as an area for improvement. This was often as a result of limited information being passed to the OH Clinician e.g. support arrangements already in place and specific questions being highlighted for medical opinion.

OH referrals and OH reports are considered to be sensitive information under GDPR and should be treated accordingly. In addition, managers should be aware that an employee can request a copy of the completed referral form.

There is a contractual responsibility on all employees to fulfil the terms and conditions of their contract of employment by providing acceptable and sustained attendance and alerting their employer if there are any difficulties that may prevent them from performing their duties.

The Health and Safety at Work regulations require an employer to exercise a duty of care to all employees to ensure a safe system and place of work and to undertake any risk assessments as appropriate. Disability Discrimination legislation requires employers to consider any reasonable adjustments in cases where a disability has been indicated, in order to enable an employee with a disability to work to their full potential. An employee should attend a medical assessment by an Occupational Health Clinician, if requested by the Referrer.

It is considered a reasonable management instruction to attend these appointments and to follow what is being requested of them by their manager. Refusal to attend could be construed as failing to comply with a reasonable instruction. Where an employee fails to engage in this process, then the employer may be forced to make decisions based on the information they hold. This may result in employment decisions being made without the benefit of available mitigating evidence.

Once arranged, attendance at the appointment is important. Failure to attend without reasonable cause and notice may result in the costs associated with the referral being the responsibility of the employee. Repeated failure to attend arranged Occupational Health appointments without reasonable cause and notice may result in disciplinary action.

In the majority of cases you should expect to receive a copy of the report within 7 working days of the date the employee attended for assessment.
Obtaining this report will involve the processing of special category data under GDPR legislation. Seeking medical opinion from our Occupational Health provider enables EA to meet its legal obligations under health and safety and/or employment law.
The report will be used primarily to provide up to date medical information and medical opinion on one or more of the following;

• Fitness for work
• Likely return to full health
• Clarification of whether an employee has a disability
• Providing management with further information regarding absence
• Arrangements for return to work e.g. identifying any requirements for reasonable adjustments
• To advise on whether ill health retirement should be considered

The report will inform on any actions or decisions which may need to be taken going forward.
This information obtained will be kept securely as well as remain confidential. A report will be shared only with the HR officers involved and school leaders/line managers as standard.
Once the report has been shared, the school leader/line manager should contact the staff member immediately to discuss next steps.

See 1(c)

The advice provided by the Occupational Health specialist clinician takes precedence over that of a GP (compliant with legal and BMA guidelines). In this case they should be supported back to work.
The HR People Services team can be contacted for further guidance
[email protected]

Where there are no serious concerns or risks for the individual or others, and subject to appropriate notice, a return to work for the staff member can be discussed and agreed with the line manager/principal.
In some cases, where there may be concerns, the People Services team may need to be contacted for further guidance: [email protected]

You should contact [email protected] discuss a suitable way forward. Options most often will be to invoke Ill Health Termination procedures or Disciplinary procedures. Discussion with EA will help to guide the pathway to what is most appropriate, depending on circumstances of the case.

For teaching staff the Governors should invoke the procedures in relation to Termination of Employment of Teachers on the Grounds of Ill Health or Capacity (TNC 2013/1).

For school support staff the Governors should invoke the procedures in relation to Termination of Employment of EA Employees in Schools on the Grounds of Ill Health or Capacity.

For those staff employed in offices and out-centres, the line manager should invoke the procedures in relation to Termination of Employment of EA Employees on the Grounds of Ill Health or Capacity.

In all cases advice and guidance should be sought from the relevant local EA office (HR Services) who can provide you with supporting letters.

• How do I find out about the Champion’s network and/or becoming a champion?
  [email protected]
• How do I find out about becoming a Mental Health First Aider and/or getting in touch with a Mental Health First Aider?
  [email protected]
• How can I find out more about Employee Benefits?
  • EA has recently introduced 3 new Employee Benefits schemes. EA Employee Lifestyle Savings Benefit Scheme –
    For further information click Health Well (eani.org.uk)
  • Car Salary Sacrifice Scheme (Non-teaching only - subject to eligibility and affordability)
    For further information click Health Well (eani.org.uk)
  • Shared Cost Additional Voluntary Contribution (NILGOSC members only)
    For further information click Health Well (eani.org.uk)

Contact [email protected]

• Benenden: what is the scheme and how does it work?
  Benenden is a healthcare scheme available for all staff in schools and services to join. It costs £15.50 a month to join with options to include family members. There is immediate access to a range of benefits with further access after 6 months membership. An online opting in form can be found on the EA HealthWell Hub.

For further information, to sign up or to register to attend an information session.

• How do I find out more about the Cycle To Work Scheme?
  EA Cycle to Work Scheme
• Where can I access more information about the EA HealthWell programme?
  [email protected]
• What is the HealthWell hub and how do I access it?
  The EA HealthWell Hub is a digital solution which provides EA employees with support, education, signposting and information on a wide range of topics as a way of improving their overall health and wellbeing.
• What EA Staff Networks are available to me and where can I find out more information about them?
  There are many growing EA Staff Networks that are open to all EA employees to join, they include:
  • Open Water Swimming Network
  • Walking Network
  • Running Network
  • 5 A Side Football Network
  • Champion Network
  • Mental Health First Aider Network

Email [email protected] if you wish to hear more about our Staff Networks