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NATO UNCLASSIFIED NATO UNCLASSIFIED ON(2012)0016 ABSENCE AND REINTEGRATION POLICY AND PROCEDURES Version 1 (8 March 2012)
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ON(2012)0016
ABSENCE AND REINTEGRATION POLICY AND PROCEDURES
Version 1 (8 March 2012)
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ABSENCE AND REINTEGRATION POLICY AND PROCEDURES
TABLE OF CONTENTS
PART 1 - POLICY: Page I. Introduction……………………………………………………………… 3-24 II. Purpose………………………………………………………………….. 3-24 III. Applicability…………………………………………………………… … 3-24 IV. General principles………………………………………………………. 4-24 V. Definitions……………………………………………………………….. 4-24 VI. Managing absence due to sickness………………………………….. 6-24 VII. Training on absence prevention………………………………………. 7-24 VIII. Sickness and contracts of employment……………………………… 7-24 IX. Absences and conflicts at work……………………………………….. 7-24 X. Medical appointments………………………………………………….. 8-24 XI. Confidentiality and protection of data…………………………………. 8-24 XII. Policy review and communication…………………………………..…. 9-24 PART 2 - PROCEDURES: A. Notification and supporting documentation………………………….. 10-24 B. Absence monitoring and verification during short-term absences… 11-24 C. Managing long-term absences………………………………………… 12-24 D. Roles and responsibilities……………………………………………… 13-24 E. Absence for health reasons prior to separation………………………16-24
Annexes Annex 1 – Procedures regarding extended sick leave…………………….. 18-24 Annex 2 – Arbitration procedures…………………………………………… 23-24 Annex 3 – Sample of NATO medical certificate…………………………….. 24-24
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PART 1 - POLICY
I. Introduction 1.1 The International Staff (IS), the International Military Staff (IMS), and the NATO Standardization Agency (NSA) are committed to maintaining and promoting the health and well-being of all staff members so that assigned functions can be carried out effectively. The regular presence of staff is essential for the smooth running of IS, IMS and NSA daily activities. This policy provides a fair and consistent framework for supporting staff during absences for health reasons and sick leave as well as a guiding document on the management of short-term or long-term absences. 1.2 This document has two distinct parts. Part 1 outlines the policy on absence and reintegration and Part 2 explains the different procedures that must be applied for successful implementation of the policy. 1.3 This document has been approved by the Secretary General and is consistent with and applies Article 45 – “Absence for health reasons and sick leave” of the Civilian Personnel Regulations (CPRs). 1.4 It replaces the implementing directives circulated as Annex 2 and Annex 3 of Office Notice ON(2006)0002 dated 1 February 2006. II. Purpose 2.1 The purpose of this policy is to:
- ensure a consistent and uniform approach to absence for health reasons and
sick leave, in accordance with Article 45 of the CPRs; - reduce the level and frequency of absences for health reasons through early
intervention and support or any other appropriate measures, with the aim of securing an early return to work;
- make support mechanisms available to staff and management during illness; - have a common understanding of the staff member’s and manager’s
responsibilities and the reporting arrangements during sickness; - enable absence monitoring and related actions with specific trigger points; - if applicable and practical, recommend changes to working practices or to the
work environment.
III. Applicability 3.1 This policy is applicable as of 8 March 2012. It applies to all civilian members of the International Staff (IS), the International Military Staff (IMS) and the NATO Standardization Agency (NSA). It does not apply to temporary personnel or consultants. 3.2 This policy applies only to absences for health reasons and sick leave and their effect on the ability of staff members to carry out their duties. It does not apply to absences due to infectious disease requiring quarantine. These are to be handled as described in Article 46.5 of the CPRs.
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IV. General principles 4.1 The regulations concerning absence for health reasons and sick leave are clearly specified in Article 45 of the CPRs, which all staff are required to observe. In clarification of that policy, the specific roles and responsibilities of all involved in the management of absence due to sickness are further described in Part 2 of this document. 4.2 As a general principle, managing absences for health reasons and sick leave is a core management function. Therefore, managers have a direct role and responsibility in dealing with all cases of staff absence for health reasons in a fair, consistent and constructive manner. 4.3 Staff members are also expected to cooperate in the management of any absence for health reasons and sick leave. To this end, they must do what they can to aid their recovery and to return to work as soon as possible, as well as undergoing medical examinations if required. 4.4 Continuous and appropriate support and guidance are essential for effective implementation of the policy. In its consultative and advisory capacity, Human Resources from IS, IMS and NSA will ensure that these elements are available when requested by those involved in the application of the policy. 4.5 Staff members and managers are required to comply with the provisions of the CPRs and with their responsibilities under this policy. Failure to do so in a proper manner or any abuse of the absence procedures in general, e.g. failure to record absences or keep information up to date, may be grounds for disciplinary action under Article 59 of the CPRs. 4.6 To ensure compliance with the CPRs and for consistency of terminology, absence for health reasons and sick leave, occasioned by sickness or accident, falls under the categories of uncertified sick leave, certified sick leave or extended sick leave, as further defined below. 4.7 Staff members absent for health reasons and sick leave continue to be covered by the Agreement on the status of the North Atlantic Treaty Organization, national representatives and international staff (Ottawa Agreement). V. Definitions 5.1 Absence for health reasons and sick leave1: absence taken when the state of health of a staff member makes him/her unfit to work or when a doctor advises an individual to stay away from work due to illness, accident, convalescence, infectious illness2 or otherwise in the interests of the health and safety of the individual and/or other members of the staff. 5.2 Frequent or repeated absences: periods of illness, either medically certified or not that fall into certain patterns. Such patterns may involve any combination of short-term or long-term absences as defined under paragraphs 5.3 and 5.4 below. Some examples of frequent absences are:
1 This definition also applies to any equivalent terminology used in this document such as “absence”, “absence due to sickness”, “sick leave”, “absence due to illness”, “leave due to illness”, etc. 2 Does not apply to infectious diseases requiring quarantine as per Article 46.5 of the CPRs.
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- five periods of absence (or more) in any 12-month period; - recurring patterns of absence on certain days or dates (e.g. Mondays and
Fridays, days immediately preceding or following periods of annual leave or official holidays;
- regular annual patterns of sick leave; - absences warranting immediate action. For example, 3 periods of 10 working
days in 6 months, or 40 working days over 2 years. Frequent or repeated absences of part-time employees are calculated pro rata according to the percentage of hours worked.
5.3 Short-term absence: any absence of 10 working days or less, with or without a NATO medical certificate3. This type of absence does not normally follow a set pattern and is usually caused by minor illness. Short-term absences are generally the most disruptive to service requirements and delivery of work objectives. 5.4 Long-term absence: any continuous certified absence for a period exceeding 10 working days and where there is no prospect of a return to work in the near future. 5.5 Uncertified sick leave: an absence which lasts no more than 2 consecutive calendar days and for which no medical certificate has been required. Such absences taken together that exceed 6 working days in any one calendar year will entail a corresponding reduction of the annual leave due to the staff member concerned or a corresponding reduction in emoluments if the staff member has already taken his/her annual leave in full. Periods of uncertified sick leave not exceeding 6 days in a calendar year are considered normal service and the staff member continues to receive emoluments, to earn salary increments and to accrue annual leave. 5.6 Certified sick leave: an absence of any duration for which a NATO medical certificate has been obtained and provided to IS-HR Personnel Support. A medical certificate certifying the sick leave must always be obtained within 3 days of ceasing work for absences which last more than 2 consecutive calendar days and provided to IS-HR Personnel Support as soon as possible. Periods of certified sick leave as thus defined are considered normal service and the staff member continues to receive emoluments, to earn salary increments and to accrue annual leave, unless otherwise stipulated in the provisions regarding other special allowances. 5.7 Extended sick leave: a medically certified long-term absence commencing after a period of 3 consecutive months of certified sick leave. Such periods of absence are not taken into account when calculating the date of the next salary increment, and they do not give rise to any leave entitlement. Staff members entitled to home leave will have their due date for the next home leave and all subsequent home leaves deferred by a period equal to the duration of the extended sick leave. Annex 1 to Part 2 of this document provides further details of the provisions applying to staff members on extended sick leave. 5.8 Medical examination or verifying examination: in the context of absence management, a medical assessment to determine whether or not the staff member is fit to work, which is added to his/her medical file. 3 For definition please see paragraph 5.14.
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5.9 NATO Medical Adviser: a fully-qualified medical practitioner employed or designated by the Organization who, in the context of absence management, is responsible for assessing the staff member’s fitness to work. 5.10 Verifying doctor: an external medical practitioner who is requested by the Organization to conduct verifying examinations of staff absent for health reasons, and communicates his/her conclusions to the NATO Medical Adviser immediately after the verification has been carried out. 5.11 Arbitration doctor: a fully-qualified independent medical practitioner who is designated jointly by the staff member’s doctor and the NATO Medical Adviser to assess the staff member’s fitness to work. He/she is selected from a list of independent doctors which is established for this purpose each year by agreement between the Organization and the NATO HQ Staff Association. 5.12 Return to Work Coordinator (RWC): a trained member designated by IS-HR having the role of coordinating and facilitating the staff member’s earliest possible return to work and reintegration. For this purpose, the RWC enlists the help of other staff in the socio-medical team as appropriate. 5.13 Socio-medical team: this team is normally composed of the Return to Work Coordinator (a trained person from HR), the staff member, the staff member’s manager and the NATO Medical Adviser. If necessary, it may also include an HR Adviser (IMS-HR for IMS staff or NSA-HR for NSA staff), a trained person of confidence and representatives from the relevant Division/IO and of HR Personnel Support. The team, acting either as a group or individually, provides the necessary consultation and/or collaboration in order to facilitate the successful reintegration of the staff member. 5.14 NATO medical certificate: a NATO form that a medical practitioner is requested to complete, certifying the staff member’s incapacity to work for health reasons. Only in cases where this is not feasible or practical, another form or certification is to be produced by staff members. A sample of the NATO medical certificate can be found in Annex 3 to Part 2 of this document. 5.15 Authorisation to travel abroad: prior approval by the NATO Medical Adviser to travel abroad when the staff member is absent for health reasons. VI. Managing absence due to sickness 6.1 In order to achieve the aims and objectives of this policy listed in Section II, a number of procedures and timely actions must be carried out together with the assignment of roles and responsibilities to relevant staff or entities. These are further detailed in Part 2 (Procedures) of this document. 6.2 In particular, this policy provides for a more efficient process of monitoring and reintegrating staff members following their absence; it defines the role of verifying doctors and Return to Work Coordinators (RWCs) and the increased involvement of managers and the NATO Medical Adviser. More specifically, RWCs will have an important coordination and consultative role in association with other parties (known as the “socio-medical team”) with the objective of facilitating the earliest feasible return to work of the staff member.
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VII. Training on absence prevention
7.1 IS-HR, IMS-HR (for IMS staff) and NSA-HR (for NSA staff) will ensure that appropriate training and education programmes are provided to all line managers and Return to Work Coordinators (RWCs) so that they acquire the skills and knowledge needed to manage absences for health reasons effectively. Such training is mandatory for line managers and RWCs. VIII. Sickness and contracts of employment 8.1 Except when Article 45.4 or Article 45.7.3 of the CPRs applies, or when sickness occurs prior to separation, absences for health reasons have no implications for the staff member’s terms and conditions of the contract of employment. 8.2 A contract of employment may be terminated by the Head of NATO Body (the Secretary General for the IS, the Director General for the IMS and the Director NSA for the NSA) for due and valid reasons, in application of Article 9 of the CPRs, if:
- it is determined that a staff member has suffered frequent recurrence of short periods of illness, as provided by Article 45.4 of the CPRs;
- a staff member is incapacitated for service, as provided by Article 45.7.3 of the CPRs.
8.3 The procedures for termination of contract if the staff member is incapacitated for service in accordance with Article 9.1 (ii) and Article 45.7.3 of the CPRs can be found under Part 2 – Annex 1 of this policy. 8.4 It should be noted that no loss of job indemnity is payable when contracts are terminated for the reasons mentioned under paragraph 8.2 above. 8.5 Sickness prior to termination: Part 2 - section E of this document describes the procedure that must be followed when a contract is due to come to an end or be terminated but the staff member has presented a NATO medical certificate4. The purpose of the procedure is to ensure that separation from the Organization is not delayed in cases of non-genuine sickness.
IX. Absences and conflicts at work 9.1 A conflict at work is very often the result of a lack of dialogue and understanding between individuals, sometimes because there are different perceptions of specific issues or of the respective areas of responsibility of those involved. 9.2 A positive approach to conflicts at work helps to resolve such issues. However, a negative approach very often results in an absence from work, sometimes on sickness grounds. 4 A NATO form that a medical practitioner is requested to complete, certifying the staff member’s incapacity to work for health reasons.
Only in cases where this is not feasible or practical, another form or certification is to be produced by staff members. A sample of the NATO medical certificate can be found in Annex 3 to Part 2 of this document.
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9.3 The IS, IMS and NSA support the principles of regular consultation, dialogue and feedback between managers and staff members explicitly through the different stages of Performance Review and Development cycles. These principles must also apply at all times, on all levels and across units or teams so conflicts at work are reduced to a minimum. 9.4 Absences from work on conflict grounds have negative effects on individuals and on the Organization. It is therefore important that the IS, IMS and NSA support measures to identify and handle conflicts at work at a very early stage before they degenerate into absences from work. 9.5 Under this policy, managers have a crucial role in identifying and handling conflict issues in a timely manner. Specific training and support will be provided. However, when a work conflict escalates and causes an absence from work, the Return to Work Coordinator must play the role of independent mediator to facilitate the speedy reintegration of the staff member into the workplace. X. Medical appointments
10.1 Wherever possible, staff members should try to arrange medical appointments (e.g. visits to the doctor, dentist, eye specialist or physiotherapist) outside normal working hours. When this is not feasible, staff may be authorized by their manager to attend a medical appointment during working hours. This is on condition that they make up any lost working time soon after the appointment, at a convenient time agreed with their manager. 10.2 Absences for medical appointments which can not be arranged outside working hours, which last approximately half a day or more and which are related to an illness (e.g. follow-up treatment) will require prior approval by the NATO Medical Adviser as a certified absence on illness grounds that is therefore recorded as certified sick leave. This is on condition that the reasons for the medical appointment, and the frequency if more than one is required, are clearly stated in a medical certificate which is to be provided by the staff member’s medical practitioner, and followed by a note from the medical practitioner attesting that the staff member attended the appointment.
10.3 For all other absences from work for medical appointments not covered under paragraph 10.2 above and which last for approximately half a day or more, an application for special leave must be submitted. The absence must be supported by a note from the doctor attesting that the staff member attended the appointment. 10.4 In cases where a staff member is absent because a family member has suffered sickness or an accident which requires the presence of the staff member, an application for special leave may be submitted. This should be supported by a certificate from the doctor attesting that the presence of the staff member was required. XI. Confidentiality and protection of data 11.1 Apart from the recording of the data itself, all data pertaining to absences for health reasons which is stored in electronic or paper files is considered strictly personal and confidential information. It is therefore to be used with the utmost discretion by a limited number of staff with the strict need to know. Medical data will be protected under the
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medical secrecy principle and no staff other than medical doctors and the staff member concerned can have access to such data. XII. Policy review and communication 12.1 This policy is subject to change as required. Changes to the Annex may be applied provided that they remain consistent with the provisions of the CPRs as set forth in this policy. 12.2 A copy of this policy is available on the HR website at address: http://hqweb.hq.nato.int/em/HR/en/about/policies_directives/index.htm.
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PART 2 - PROCEDURES A. Notification and supporting documentation A.1 Notification: if they are absent from work for health reasons, staff members are to call their manager (or the person acting on his/her behalf) on the first day of absence as early as possible, and no later than one hour after the working day5 has started, or earlier when a replacement needs to be organized. Staff members falling sick abroad are also required to contact their manager at the earliest opportunity. A.2 If the staff member’s medical condition does not allow him/her to contact the manager, he/she should designate a person to do so on his/her behalf if possible. A.3 When notifying their manager of the absence, staff members should state:
- the date the illness started; - whether they have contacted or intend to contact a medical doctor; - how long they are likely to be absent from work.
A.4 Sickness during the working day: staff members who leave work during the working day for health reasons (provided they have notified their manager or the person acting on his/her behalf) will be considered to be absent on that day for recording purposes. When a staff member leaves work during the second half of the working day, from lunch time on, only half a day will be recorded. A.5 Recording: all absences for health reasons must be systematically recorded. After receiving notification in accordance with paragraphs A.1, A.2 and A.3 above, the manager (or the person acting on his/her behalf) is responsible for immediately recording the staff member’s absence for health reasons. This should be done using the electronic forms web page or any other tool made available for the purpose. On their first day back at work, staff members must also verify that their absences have been accurately recorded. A.6 Supporting document: a staff member who is absent as a result of sickness for more than 2 consecutive calendar days must obtain a NATO medical certificate6 duly completed by the doctor within 3 days of ceasing work and submit it to IS-HR Personnel Support as soon as possible. A.7 In case of repeated absences7 of 1 or 2 consecutive days (without a NATO medical certificate), a letter may be sent to the staff member by IS-HR Personnel Support informing him/her of the requirement to produce a NATO medical certificate for any further absence. A.8 Periods of absence for which a NATO medical certificate has been received will be recorded as such by IS-HR Personnel Support. If no medical certificate has been received the absence will be considered to be uncertified sick leave.
5 This means the standard working day commencing at 08:30 hours as prescribed for the International Staff and International Military
Staff. 6 a NATO form that a medical practitioner is requested to complete, certifying the staff member’s incapacity to work for health reasons.
Only in cases where this is not feasible or practical, another form or certification is to be produced by staff members. A sample of the NATO medical certificate can be found in Annex 3 to Part 2 of this document.
7 Examples of repeated absences can be found in paragraph 5.2.
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A.9 The Organization may require a staff member to undergo a verifying examination before recognizing any medical certificate as valid. A.10 Deadline for the submission of the supporting document: it is absolutely imperative that the NATO medical certificate reaches HR Personnel Support as soon as possible after the medical visit and no later than the day the staff member returns to work. In the case of an absence of more than 2 days, the medical certificate must be sent no later than one day after the medical visit. Unless exceptional circumstances are invoked and accepted, all other medical certificates received after the deadline will not be taken into consideration and the absence will be considered to be uncertified sick leave. A.11 Uncertified sick leave exceeding 6 working days: if uncertified sick leave exceeds 6 working days in any one calendar year, the days in excess of the 6 will be deducted from annual leave. If the full annual leave entitlement has already been taken there will be a corresponding reduction of emoluments. Consideration may also be given to applying Article 45.4 of the CPRs and terminating the staff member’s contract for frequent recurrence of short periods of illness, as further described under section VIII of this policy. A.12 Sick leave during annual leave: on return to work, a staff member who has fallen sick while on annual leave may request that the corresponding days of annual leave be credited back to him/her on the condition that a NATO medical certificate8 has been provided and that the request has been endorsed by the NATO Medical Adviser. B. Absence monitoring and verification during short-term absences B.1 Presence at home: during an uncertified absence the staff member is expected to be at home. B.2 Contact: during the absence, the staff member must at all times be reachable by telephone, should IS-HR (IMS-HR for IMS staff or NSA-HR for NSA staff) or the manager wish to contact him/her or the verifying doctor wish to arrange for a medical visit. B.3 Traveling abroad: unless the illness occurs while abroad, staff members absent for health reasons must not leave the country without prior approval from the NATO Medical Adviser. B.4 Verifying doctors: they will in principle be sent to the staff member’s home at any time (including weekends and NATO official holidays) to confirm that the staff member’s absence from work is justified. This may be at IS-HR’s initiative or at the request of the manager. The final decision to send a verifying doctor is taken by IS-HR in consultation with the NATO Medical Adviser. B.5 Unjustified absence: if the verifying doctor considers the absence to be unjustified, the staff member will be required to return to work and IS-HR will be informed accordingly. As a consequence, any unjustified sick leave days will be deducted from annual leave. If the annual leave entitlement has already been taken in full there will be a corresponding
8 In cases where the staff member is abroad and he has no access to a NATO medical certificate, another medical certificate may be
accepted.
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reduction of emoluments. Disciplinary action may also be taken in accordance with Article 59.1 of the CPRs. B.6 Medical assessment: after 10 working days of consecutive or non-consecutive absence for health reasons over the last 12 months if not earlier, and whether or not the staff member has returned to work, he/she will in principle be required to undergo a medical assessment at the request of the NATO Medical Adviser. Should the staff member be unable to attend the medical assessment at the NATO Medical Service, a verifying doctor may be sent to the staff member’s home instead. B.7 Follow-up to the conclusions of the medical assessment: if the conclusion of the medical assessment is that the staff member is unfit to work, the absence from work will be maintained. If the conclusion after consultation with the staff member’s medical practitioner is that the staff member is fit to work, the latter will be notified that he/she must return to work immediately. If agreement between the medical practitioners is not reached, the arbitration procedure described in Annex 2 will apply. B.8 Notification of absence: staff members who are considered to have been frequently absent9 on illness grounds may receive a notification letter from HR referring to the Organization’s policy and stating that further absences may lead to action to terminate their contract in accordance with Article 45.4 of the CPRs. C. Managing long-term absences C.1 The Return to Work Coordinator: at any time during an absence, the NATO Medical Adviser may recommend the intervention of a Return to Work Coordinator (RWC) to facilitate the reintegration and return to work of the staff member. The request may also come from the staff member or the manager. The roles and responsibilities of the RWC are further explained in section D. below. C.2 Medical assessment after 4 weeks of absence: on return to work after a period of over 4 consecutive calendar weeks of absence if not earlier, and at the request of the NATO Medical Adviser, staff members will be required to undergo a medical examination. The purpose of this examination is to assess the staff member’s fitness to resume duties and to record the outcome in the staff member’s medical file. C.3 Work from home during absence for health reasons: in certain medical conditions and subject to agreement by both the manager and the NATO Medical Adviser, a staff member may agree to carry out some duties from home. This must of course be compatible with the nature of the duties and with the NATO Security Regulations. For the purpose of calculation of working time, such periods should be considered as if the staff member was at work. C.4 Unsuitability of work environment: In cases where the NATO Medical Adviser considers that the work environment is not suitable for a successful return to work, he/she may request that the case be reviewed by a Return to Work Coordinator (RWC) with a view to exploring reintegration solutions.
9 The definition and examples of frequent absences can be found under Part I – Policy, paragraph 5.2.
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C.5 Return to work conversation: when a staff member returns to work after any period of absence on illness grounds, the manager must confirm his/her well-being. Guidance and training on how to conduct a return to work conversation will be provided to managers. C.6 Following a period of 60 consecutive calendar days of absence, as stipulated in the NATO group insurance contract, the insurance company will be informed of the staff member’s absence and a copy of the medical file/reports held by the NATO Medical Service will be communicated to the insurance company and vice-versa. C.7 The insurance company, in coordination with IS-HR Personnel Support and the Medical Service, will monitor the long-term absence. During any period of long-term absence, the staff member may be required to produce medical reports on a regular basis and/or to undergo a medical examination at any time. This medical examination may be initiated either by the insurance company or by the Organization in order to verify that the temporary incapacity is fully justified. C.8 Extended sick leave: in accordance with Article 45.7 of the CPRs, when a staff member (whether working full time or part time) has been absent for more than three consecutive months owing to sickness or accident he/she becomes entitled to paid extended sick leave for a maximum of 21 consecutive months. C.9 Staff members on extended sick leave are informed in writing by IS-HR of the restrictions that apply to them as a result of the application of Article 45.7 of the CPRs. C.10 The detailed provisions applying to staff members on extended sick leave are described in Annex 1. Such provisions do not however prevent the Organization, in coordination with all interested parties, from doing whatever is possible to facilitate a return to work and reintegrate the staff member in the workplace as soon as possible. D. Roles and responsibilities D.1 The staff member is to:
- adhere to the provisions of Article 45 of the CPRs and of this document; in this context, he/she must make every effort to recover from illness and in particular must comply with the treatment prescribed by the medical practitioner;.
- notify his/her manager (or the person acting on the latter’s behalf) by telephone of any absence for health reasons as soon as possible and no later than 1 hour after the start of the working day10;
- remain at home during an uncertified absence; - be reachable by telephone; - maintain regular contact with the manager and provide his/her telephone
number to the manager; - inform the manager immediately of any changes affecting the duration of the
absence; - request prior approval by the NATO Medical Adviser to travel abroad;
10 The standard working day commencing at 08:30 hours as prescribed for the International Staff.
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- provide a NATO medical certificate within the time limits indicated in paragraph A.6.
- upon return, make sure that all absences have been fully and accurately recorded;
- undergo any medical assessments required by the Organization, whether they be on NATO premises, at the staff member’s home or at an external doctor’s surgery;
- not engage in any professional activity, paid or unpaid, during the absence; - refrain from external activities which may aggravate an existing medical
condition.
D.2 The manager is to:
- ensure that staff members are fully aware of the regulations, policy and procedures concerning absences;
- be the first point of contact when a staff member calls (unless another person is acting on his/her behalf);
- maintain detailed, accurate and up-to-date absence records for his/her staff; - organize contact with the staff member after any continuous absence
exceeding 10 days; - maintain contact at reasonable intervals with staff members who are absent
for health reasons; - conduct a return to work conversation to confirm the staff member’s well-
being after any period of absence due to illness, and if necessary update him/her on job developments or changed duties;
- identify and discuss with the staff member any patterns of absence which cause concern;
- liaise with RWC and/or Socio-Medical Team (if appropriate) assigned for reintegration purposes;
- provide managerial support to staff with health issues including, to the extent possible, changes to working practices or to the work environment;
- prevent absences by identifying and handling conflict issues early through dialogue and consultation.
D.3 Human Resources are to:
- provide assistance and advice to managers and ensure fairness and consistency in the application of the policy and procedures in this document;
- provide assistance and advice to staff members throughout the absence and reintegration period;
- provide staff members and managers with information concerning individual sickness and reintegration issues;
- provide managers with sickness absence data and assist with the analysis; - upon request, prepare reports or analysis for statistical purposes using
sickness absence data, and communicate them to Divisions; - recommend appropriate management action; - take action regarding uncertified absences of more than 2 consecutive days,
either by recording the days in excess of 6 as annual leave or, if the annual leave entitlement has already been taken in full, by reducing emoluments accordingly;
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- request staff members to undergo a medical examination if necessary; - if necessary, request staff members to provide a medical certificate in the
case of repeated absences of less than 2 consecutive days; - take all required steps to protect the confidentiality of all medical or personal
data related to sickness absences; - initiate all required notification actions with the staff member, the manager, the
NATO Medical Adviser, the Return to Work Coordinator and the insurance company;
- convene an Invalidity Board to assess whether the staff member is suffering from a permanent invalidity;
- inform staff members of any follow-up action as a result of absence, e.g. adaptation to the workplace, information letters, etc.
D.4 The Medical Adviser is to:
- provide medical guidance to staff members, IS-HR, IMS-HR (for IMS staff) and NSA-HR (for NSA staff), and senior management.
- assess the staff member’s ability to work and the possibility of a return to work, if necessary in liaison with verifying doctors;
- request staff members to undergo medical examinations whenever required; - validate absences for medical appointments where prior approval is required; - advise managers on collective absenteeism; - conduct research regarding the most frequent causes of absenteeism and
advise IS-HR (IMS-HR for IMS staff or NSA-HR for NSA staff) and senior management on preventive measures;
- make proposals for adjustments to the workplace in order to facilitate the staff member’s reintegration, and if necessary liaise with the Health and Safety Committee.
D.5 The Return to Work Coordinator (and if applicable the socio-medical team) is to:
- develop a reintegration plan to facilitate the staff member’s timely return to work.
- coordinate the reintegration plan with the members of the socio-medical team. - monitor progress made during the reintegration process, and review as
appropriate.
D.6 The socio-medical team is to: - raise or discuss work related stress factors and work circumstances that may
influence the staff member’s absence; - provide advice and support to the staff member in any administrative or
psychosocial-related problems linked to the absence; - evaluate the work situation and if possible anticipate any risks of physical,
psychosocial or organizational nature that may have an impact on the absence(s);
- provide support and advice to managers on absence management in general and when feasible, make proposals to facilitate the successful reintegration of staff members.
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E. Absence for health reasons prior to separation E.1 Under Article 10.4 of CPRs, if a staff member is absent on sick leave at the time of notification of the termination of his/her contract, the period of notice to which he/she is entitled is extended by the length of time he/she was on sick leave after the notification. The total period may not exceed the total of 24 months specified in Article 45.7.1.
E.2 Similarly, as stated in Article 45.8 of the CPRs, the provisions of Article 45 on absence for health reasons and sick leave will continue to apply notwithstanding the fact that the staff member’s contract might otherwise have come to an end or been terminated during the period of sick leave.
E.3 A staff member who at the date of termination of contract is on certified sick leave will have the termination of the contract suspended until either he/she is declared fit for work or the 24 months referred to in Article 45.7.1 of the CPRs have elapsed (whichever is the sooner). If, under the extended sick leave procedures described in Annex 1, a staff member is determined to be invalid within the 24 month period, the contract is terminated on grounds of invalidity (in which case no indemnity for loss of job or payment in lieu of notice are due).
E.4 In line with the procedures on sick leave, staff who are due to be separated from the Organization and who present a NATO medical certificate will be required to undergo a medical examination by the NATO Medical Adviser or by a verifying doctor (unless the Medical Adviser has already been monitoring the sickness and is fully aware of its current status).
E.5 As a general rule, the medical examination should take place after 10 working days of sick leave. However the examination may be arranged earlier, particularly if the staff member’s contract is due to end shortly and his/her condition, and its possible impact on the separation date, need to be determined.
E.6 Should the staff member be unable to attend the medical assessment at the NATO Medical Service, a verifying doctor will in principle be sent to the staff member’s home instead. E.7 If, following the examination, the NATO Medical Adviser (or if applicable, the verifying doctor) recognizes the NATO medical certificate as valid, the sickness should continue to be monitored on a regular basis to ensure that separation can take place as soon as one of the conditions outlined in Article 45.7.1 of CPRs is met.
E.8 If the conclusion is that the staff member is fit, he or she will be notified accordingly by the NATO Medical Adviser, in consultation with the staff member’s medical practitioner. E.9 The staff member’s medical practitioner may not agree with the outcome of a medical examination concluding that the staff member is fit. The Organization may then refer the matter to the opinion of an arbitration doctor11. The arbitration procedures are described in Annex 2.
11 The arbitration doctor is a fully-qualified independent medical practitioner who is designated jointly by the staff member’s medical practitioner and the NATO Medical Adviser. He/she is selected from a list of independent doctors which is established for this purpose each year by agreement between the Organization and the NATO HQ Staff Association.
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E.10 The arbitration doctor’s opinion is binding. If it confirms the conclusion of the medical assessment arranged by the Organization:
- the absence shall be treated as unjustified from the date of the first medical assessment arranged by the Organization;
- the staff member will be informed that separation from the Organization will occur as
of that date. E.11 If the arbitration doctor’s opinion does not confirm the conclusion of the medical
assessment:
- the absence shall be treated for all purposes as having been justified; - the Organization will continue to monitor the absence; - separation will occur when one of the conditions outlined in Article 45.7.1 of CPRs is
met.
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ANNEX 1
PROCEDURES REGARDING EXTENDED SICK LEAVE
I. Introduction
1.1 This Annex lays down the procedures to be followed on extended sick leave in accordance with the NATO Civilian Personnel Regulations (CPRs), 1.2 This annex makes reference to the Coordinated Pension Scheme, the Provident Fund and the Defined Contribution Pension Scheme. The Provident Fund is the scheme which preceded the introduction of the Coordinated Pension Scheme on 1st July 1974. Staff who joined the Organization on or after 1st July 2005 belong to the Defined Contribution Pension Scheme.
II. Background
2.1 The regulations on extended sick leave, as approved by the Council, are laid down in Article 45.7 of the CPRs. 2.2 The first three months of sick leave are considered normal service with the Organization and the staff member continues to receive salary increments and to accrue leave. 2.3 When a staff member (whether working full time or part time) has been absent for more than three consecutive months owing to sickness or accident he/she becomes entitled to paid extended sick leave for a maximum of 21 consecutive months. 2.4 During the first nine months of the extended sick leave the emoluments (including, if applicable, contributions to the Provident Fund or Defined Contribution Pension Scheme) are paid by the Organization. The remaining months are paid under the group insurance scheme at a rate of 80%, with the remaining 20% being covered under a special additional insurance. The group insurance policy specifies that in no circumstances will the benefit be paid, in respect of the same illness or accident, for longer than twelve months. 2.5 Extended sick leave comes to an end either at the end of the maximum period of 21 consecutive months or, if sooner, when the staff member:
- is recognized as fit to resume his or her duties; or
- is recognized as permanently incapacitated under the group insurance policy (for staff in the Provident Fund or Defined Contribution Pension Scheme) or by an Invalidity Board set up under the Coordinated Pension Scheme; or
- reaches the mandatory retirement age under the CPRs of 65.
2.6 If the staff member’s contract is due to come to an end during a period of extended sick leave, separation from the Organization does not become effective until one of the conditions in paragraph 2.5 has been fulfilled.
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2.7 Staff on extended sick leave:
- remain entitled to all benefits applicable under the group insurance policy; - continue to be covered by the provisions of the Agreement on the status of the
North Atlantic Treaty Organization, national representatives and international staff (Ottawa Agreement);
- are shown as supernumerary personnel on the establishment tables (see paragraph 3.4).
2.8 Periods of extended sick leave are not taken into account when calculating the date of the next salary increment. They do not give rise to any leave entitlement. 2.9 The due date for the next and all subsequent home leaves of a staff member is deferred by a period equal to the duration of the extended sick leave. 2.10 Periods of extended sick leave count as service for the purposes of the Provident Fund, Coordinated Pension Scheme and Defined Contribution Scheme, and for the calculation of payment of loss of job indemnity. 2.11 If a staff member returns to work after a period of extended sick leave and then suffers a relapse within two months of resuming duties, the extended sick leave is not considered to have been interrupted. 2.12 Before the end of the maximum period of extended sick leave an assessment of whether the staff member is permanently incapacitated must be carried out as a matter of course (see Sections IV and V below). 2.13 Staff members may be authorized, on account of sickness or accident, to carry out their duties on a part-time basis, in which case the Organization continues to pay full emoluments. Since these are considered to be periods of sick leave, they therefore count, for example, towards the first three months preceding the start of extended sick leave (see paragraph 2.3). 2.14 In cases where the staff member is working part time for medical reasons, as described in paragraph 2.13, and begins extended sick leave, the Organization continues to pay full emoluments for the first nine months of the extended sick leave. During the remaining months the Organization pays the emoluments corresponding to the portion of time worked, and the insurers make up the difference. 2.15 Periods of extended sick leave during which the staff member is working part time are taken into account in calculating when the next step increment is due, and also give rise to an annual leave entitlement which is calculated in proportion to the amount of time worked. In addition all entitlement to home leave is maintained, and the due date for the home leave is not deferred. III. Replacement of staff on extended sick leave 3.1 The main considerations in deciding whether, when and how to replace a staff member on extended sick leave are the likelihood of the sick leave continuing for an extensive period and the amount of disruption to the service which will result. It is
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important that medical check-ups are carried out to verify the possibility of the staff member being able to return to his/her duties within a reasonable time. 3.2 Article 45.7.3 of CPRs states that extended sick leave may be regarded by the Head of NATO body as grounds for terminating the contract. However such a measure should only be considered in extreme circumstances and only for exigencies of service. As a general rule the contract should not be terminated before an assessment has been made of possible permanent incapacity, either by an Invalidity Board for staff in the Coordinated Pension Scheme or, if the staff member is in the Provident Fund or Defined Contribution Pension Scheme, under the provisions of the Group Insurance Policy. It should also be borne in mind that termination on health grounds does not qualify the staff member for a loss of job indemnity under Annex V of CPRs. 3.3 In accordance with Article 45.7.3 of CPRs, if it is nevertheless decided to terminate a contract because of extended sick leave, separation from the Organization does not become effective until the end of the period over which the staff member continues to receive emoluments under the Group Insurance Policy. 3.4 The supernumerary status of staff on extended sick leave, and the fact that after the first nine months of extended sick leave their emoluments are covered under the Group Insurance Policy, provides various possibilities for replacing them without terminating their contracts. Depending on the circumstances the following options may be considered:
(a) transfer another staff member temporarily to the position; (b) engage temporary personnel; (c) recruit for the post and offer the staff member return rights to a similar
position at the end of the extended sick leave. 3.5 In the first months of extended sick leave the hiring of a temporary staff member would normally be considered, depending on the extent of the disruption to the service caused by the staff member’s absence, and the availability of funds and of a temporary with the required competencies. 3.6 As a general rule replacement of the staff member through recruitment as per paragraph 3.4(c) should only be considered in cases of extended sick leave which continue, or are likely to continue, beyond the first nine months. Elements to be considered in such a decision would include the likelihood of an imminent return to work of the staff member, as evidenced by a medical check-up arranged by the Organization, exigencies of service, and the availability of positions which could be offered to the staff member in the event of a return to work.
IV. Assessment of invalidity under the Coordinated Pension Scheme
4.1 For staff in the Coordinated Pension Scheme, either the Organization or the staff member may request at any time that an Invalidity Board be set up to assess whether the staff member is suffering from permanent invalidity. 4.2 The Invalidity Board under the Coordinated Pension Scheme consists of three medical practitioners. The first two are appointed by the Organization and the staff member respectively, and the third is selected jointly by the other two.
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4.3 The Invalidity Board is required to assess whether the staff member is suffering from permanent invalidity which totally prevents him or her from performing his/her duties or any duties proposed by the Organization which correspond to his/her experience and qualifications. 4.4 On the basis of the findings of the Invalidity Board, the Secretary General for the IS (or the person to whom he delegates this authority), the Director General for the IMS and the Director NSA for NSA decides either to grant an invalidity pension to the staff member concerned, or not to recognize him/her as an invalid. 4.5 If the staff member is recognized as invalid he/she becomes entitled to a full invalidity pension and the contract is terminated with no payment for the notice period. There is no provision under the Coordinated Pension Scheme rules for partial invalidity and therefore no possibility for a partial return to work. 4.6 If the staff member is not recognized as invalid he/she is in principle considered fit to return to work and the period of extended sick leave will normally end immediately unless, for example, the return is delayed by the fact that the person concerned is still covered for sickness by a medical certificate. 4.7 It should be noted that staff in the Coordinated Pension Scheme are covered for work-related accidents both under the Coordinated Pension Scheme and the Group Insurance contract. However, under a double entitlement rule, the insurance pension is deducted from the benefit under the Coordinated Pension Scheme.
V. Assessment of invalidity for staff in the Provident Fund or the Defined Contribution Pension Scheme
5.1 For staff belonging to the Provident Fund or the Defined Contribution Pension Scheme, either the Organization or the insurance company may request at any time an assessment of whether the staff member is suffering from permanent incapacity under the provisions of the Group Insurance scheme. 5.2 The assessment is made by a doctor jointly approved by the Organization and the staff member on the one hand, and by the insurance company on the other. 5.3 If a staff member suffers from permanent incapacity resulting from sickness or accident not related to his/her work, a pension is payable if his/her working and earning capacity has been reduced by at least 33.33%. 5.4 If the staff member is not recognized as permanently invalid (i.e. the reduction in working and earning capacity has been assessed at less than 33.33%) the period of extended sick leave will normally end. The date for return to work is fixed by the insurance company. 5.5 For staff in the Provident Fund:
- if the reduction in working and earning capacity is assessed at between 33.33% and 66.66% the staff member is paid a pension corresponding to the percentage in question multiplied by the gross monthly remuneration;
- if the reduction in working and earning capacity is assessed at 66.66% or more,
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the staff member is paid a pension corresponding to 66.66% of gross monthly remuneration.
5.6 For staff in the Defined Contribution Pension Scheme:
- if the reduction in working and earning capacity is assessed at between 33.33% and 60% the staff member is paid a pension corresponding to the percentage in question multiplied by the gross monthly remuneration, and a contribution is made by the insurers to the Defined Contribution Pension Scheme of 12% of the rate of invalidity if the rate of invalidity is below 50%, and 12% of the last basic salary if the rate of invalidity is 50% or more;
- if the reduction in working and earning capacity is assessed at 60% or more, the staff member is paid a pension corresponding to 60% of gross monthly remuneration, and a contribution is made by the insurers to the Defined Contribution Pension Scheme of 12% of the last basic salary.
5.7 For staff in the Provident Fund or the Defined Contribution Pension Scheme, in case of permanent incapacity resulting from a work-related sickness or accident the maximum pension payable is 80% of gross monthly salary (and the minimum is 5%). 5.8 In most cases where a staff member in the Provident Fund or Defined Contribution Pension Scheme has been recognized as permanently incapacitated under the Group Insurance Policy the contract is terminated, with no payment for the notice period. However, unlike staff in the Coordinated Pension Scheme, depending on the circumstances, staff in such situations may exceptionally be permitted to resume work for the Organization on a full or partial basis if it is in the Organization’s interests to do so. In such cases the Organization pays the percentage of the full salary which is not covered by the invalidity pension under the Group Insurance policy, and the staff member is automatically covered for the reimbursement of medical expenses through the invalidity pension.
VI. Miscellaneous
6.1 At least six months before the end of the maximum period of 21 consecutive months of extended sick leave, if it has not been done already, HR Personnel Support will take the necessary action to convene an Invalidity Board under the Coordinated Pension Scheme or, if the staff member is in the Provident Fund or Defined Contribution Pension Scheme, to obtain an assessment of permanent incapacity under the Group Insurance Policy. 6.3 HR Personnel Support will arrange for any additional medical check-ups to be carried out to assess the health condition of staff members on extended sick leave as appropriate. 6.4 Staff members on extended sick leave are expected to provide all medical reports requested of them. If this information is not received, or if a sick staff member fails to report for a medical check-up without good reason, the insurance company has the right to suspend the temporary incapacity payments, and salary payments may also be suspended.
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ANNEX 2
ARBITRATION PROCEDURES I. Purpose 1.1 These procedures apply when, following a medical assessment arranged by the Organization, no agreement can be reached between the NATO Medical Adviser and the medical practitioner on the staff member’s fitness to work. II. Procedures 2.1 When the conclusion is that the staff member is fit to work following the medical assessment arranged by the Organization, the NATO Medical Adviser will notify the staff member accordingly in consultation with his/her medical practitioner. 2.2 The staff member’s medical practitioner may not agree with the conclusions of the medical assessment that the staff member is fit to work. The Organization may then refer the matter to the opinion of an arbitration doctor12. 2.3 The arbitration doctor’s opinion is given in consultation with the staff member’s medical practitioner and the NATO Medical Advisor. His/her opinion shall be binding. 2.4 If the arbitration doctor’s opinion confirms the conclusion of the medical assessment arranged by the Organization:
- the absence shall be treated as unjustified from the date of that examination; - the staff member shall be requested by the NATO Medical Adviser to return to work
immediately. 2.5 If the arbitration doctor’s opinion does not confirm the conclusion of the medical assessment, the absence shall be treated for all purposes as having been justified.
12 The arbitration doctor is a fully-qualified independent medical practitioner who is designated jointly by the staff member’s medical practitioner and the NATO Medical Adviser. He/she is selected from a list of independent doctors which is established for this purpose each year by agreement between the Organization and the NATO HQ Staff Association.
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ANNEX 3
