Labour Court Database __________________________________________________________________________________ File Number: CD90618 Case Number: LCR13142 Section / Act: S67 Parties: MID WESTERN HEALTH BOARD - and - PSYCHIATRIC NURSES ASSOCIATION AND;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the transfer of psychiatric nursing staff from night duty to day duty following a period of uncertified sick leave while on night duty.
Recommendation:
6. The Court having considered the submissions of the parties,
oral and written, considers there is an urgent need to agree
arrangements for the control and management of sick leave
absenteeism. The Court therefore recommends that the parties
agree to immediate discussions of the issue with a view to
agreeing arrangements by 31st January, 1991.
The Court is prepared to assist the parties in the event they
consider this would be helpful.
In the interim and pending the outcome of the above discussions
the Court recommends the procedure as applied prior to September,
1989 be applied in respect of sick leave, and that absences of two
days followed by a period of "off duty" be considered as falling
within the scope of certified absence.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD90618 RECOMMENDATION NO. LCR13142
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MID WESTERN HEALTH BOARD
(ST. JOSEPH'S HOSPITAL, LIMERICK)
and
PSYCHIATRIC NURSES ASSOCIATION AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the transfer of psychiatric nursing staff
from night duty to day duty following a period of uncertified sick
leave while on night duty.
BACKGROUND:
2. 1. The night duty roster for nursing staff in St. Joseph's
Hospital, comprises 2 nights on, 2 nights off etc for a period
of four weeks, approximately every three months. This means
that if a nurse takes 2 nights sick leave he/she could be off
duty for six nights. In 1988, the Health Board, because of
its concern at the level of uncertified sick leave among
nursing staff on night duty decided that some action had to be
taken to correct what it viewed as an abuse of the system.
2. In September, 1989, workers were advised that nursing
staff on night duty who availed of uncertified sick leave on
any rostered night would be taken off nights and replaced for
the remainder of the roster. The Unions objected to the
practice and the issue was discussed at local level without
resolution. The matter was referred to the Conciliation
Service of the Labour Court in June (P.N.A.) and September
(S.I.P.T.U.), 1990 and a conciliation conference was held on
3rd October, 1990. No Agreement was reached and the matter
was referred to a full Labour Court hearing. The Court
investigated the dispute in Limerick on 4th December, 1990.
UNIONS' ARGUMENTS:
3. 1. In the interest of avoiding confrontation the Unions
requested Labour Court intervention. However, in the meantime
the Board decided to implement their directive on uncertified
sick leave and nurses who reported sick while on night duty
and who expected the custom and practice of three nights
grace, were immediately informed that they were being removed
from the night duty roster and were advised to report for day
duty.
2. The attitude to illness amongst its staff by Hospital
Management is deplorable. For a hospital whose very existence
is the care and comfort of the mentally-ill their treatment of
workers verges on the callous. Because of the unsocial hours
worked by psychiatric nurses complex domestic arrangements
have to be organised well in advance. If a nurse is recalled
to day duty it poses immense problems for working couples who
are organised in a manner that allows one to work on day duty
and the other on night duty. The distress is further
compounded by the loss of premium earnings incurred on recall
to day duty. The practice of having to report on duty sick in
order to be granted sick leave is draconian and unacceptable.
3. In more recent times at St. Joseph's Hospital, the
practice of debarring a nurse from night duty for at least one
year (in all cases) and up to three or five years (in some
cases) is the usual penalty imposed for indiscretions. As a
result, removal from night duty is now perceived by all as
punishment. This punishment is now extended to nurses who
take uncertified sick leave for one night. In other words a
nurse who wishes to safeguard his or her health or the health
of the patients in their care by reporting off sick, but who
expects to be sufficiently recovered within the three nights
grace to resume duty, is rewarded for diligence and dedication
by arbitrary and callous denial of rights and earnings.
4. Management freely admit that the directive is a blunt
instrument for dealing with the problem of 'absenteeism/sick
leave.' It is obvious to all that the attitude to nurses whom
they consider to be persistent offenders, is punishment.
Ironically and regrettably the nurses so far 'punished' were
those who had almost impeccable attendance records. In spite
of their skills as nurse/managers there has been no effort to
pinpoint and counsel individually those whom they consider to
be the cause of the problems. Instead Management have opted
to use a shotgun approach, which is intimidating to everyone,
in order to deal with a few.
5. The practice of having to report on duty sick due to
social pressure is contrary to the Health and Safety Act. The
Unions are aware of a number of nurses who presented
themselves for night duty while sick because of fear of being
removed from night duty roster. The Board has implemented
this directive in total disregard for agreed grievance
procedures.
6. The Board should revert to established practices of
accepting three terms of duty without a medical certificate,
with a return to duty to complete roster day or night, and
with no interference to night duty roster until the first week
of sick leave has expired. Nurses who have been removed from
their night duty roster since the introduction of the disputed
directive should be compensated for loss of earnings, salary
and service.
BOARD'S ARGUMENTS:
4. 1. The pattern of night duty sick leave absences in St.
Joseph's Hospital, particularly instances of short-term
absences of uncertified sick leave, has been a cause of
concern for some time. For the year ended September, 1989,
the frequency rate of sick leave absenteeism for night duty
nurses was 1.86 having increased from 1.78 in the previous
year. This figure compares unfavourably with the frequency
rate of 0.09 - 0.14 for the Special Hospital Care Programme
(of which St. Joseph's is part) and a rate ranging from 0.08 -
0.12 for the entire Health Board.
2. The duration figure (the average duration of each spell of
absence) for year ended September, 1989 for night duty nurses
was 1.41 nights compared to a range of 6 to 8 days for the
Special Care Programme and a range of 6 to 9 days for the
entire Health Board. From Management's point of view
high-frequency short-duration absenteeism is the most serious
form of absenteeism.
3. Under the relevant sick pay scheme an officer may be
granted up to 2 consecutive days/nights uncertified sick
leave, a medical certificate being required on the 3rd
day/night of absence to cover the illness from the date of
commencement. In general, this rule operates so as to require
a medical certificate on the 3rd day of each episode of
illness. However, because of the structure of the night duty
roster at St. Joseph's Hospital - 2 nights on followed by 2
nights off, absence on sick leave without a medical
certificate could effectively cover 4 nights - 2 rostered duty
nights followed by 2 rostered off nights or 1 rostered duty
night followed by 2 rostered off nights followed in turn by a
further rostered duty night. This period away from work could
extend to 6 nights if the absence occurred on the 1st of the 2
consecutive duty nights, taking into account the preceding 2
rostered off nights. Where certified sick leave arises it is
an established practice that staff who return to duty within
their turn of night duty are transferred to day duty for the
remainder of that turn of night duty. They resume night duty
again when their turn arises on the completion of their
rostered time on day duty. Under the sick pay scheme the
overriding rule is that absences on sick leave must be covered
by a medical certificate - the practice of exempting certain
short-term absences from this requirement is discretionary.
It was decided that the most appropriate action to be taken to
deal with the absenteeism problem was to apply to uncertified
sick leave on night duty the same rule as already applied to
certified sick leave i.e. that staff transferred to day duty
for the remainder of their turn of night duty. This practice
was introduced in September, 1989. An exception was
introduced in the case of a nurse becoming ill while on night
duty where on being examined and certified as unfit for duty
by one of the doctors on duty in the hospital, a nurse could
return to night duty provided the absence did not extend
beyond 2 nights. The action taken by the Board to control
absenteeism on night duty has proved to be successful (details
supplied to the Court).
4. Absences on night duty must be replaced either by
employing temporary staff or by assigning off-duty staff with
time off in lieu at a later date. It is more costly to employ
replacements on night duty due to night premium payments (time
+ quarter). In the present climate of financial constraints
it is imperative to reduce costs and to eliminate unnecessary
expenditure. While the Board's action against night duty
absenteeism improved the situation significantly since the
revised procedure was introduced a trend has emerged
indicating that a number of staff on night duty have availed
of sick leave on the last two nights of rostered night-duty.
This negates the effect of the revised procedure as these
workers were due to revert to day duty in any event. By so
doing, the workers were in effect off duty for 6 consecutive
nights. This reinforces the Board's view that strong action
is required to deal with the problem of night duty absenteeism
in St. Joseph's Hospital.
5. The Board agree that the arrangement to curtail sick leave
abuses is harsh. It is prepared to discuss with the Unions
other options to overcome the problem, including medical
certification. However, the Unions have refused to enter into
any discussions to help with the resolution of the matter.
The Court in making its recommendation is asked to be mindful
of the fact that the arrangement presently in operation is
quite successful and that whatever happens the Board cannot
revert to the pre-September, 1989, system which gave rise to
such an unacceptable high-frequency, low-duration absenteeism
among night duty nursing personnel.
RECOMMENDATION:
6. The Court having considered the submissions of the parties,
oral and written, considers there is an urgent need to agree
arrangements for the control and management of sick leave
absenteeism. The Court therefore recommends that the parties
agree to immediate discussions of the issue with a view to
agreeing arrangements by 31st January, 1991.
The Court is prepared to assist the parties in the event they
consider this would be helpful.
In the interim and pending the outcome of the above discussions
the Court recommends the procedure as applied prior to September,
1989 be applied in respect of sick leave, and that absences of two
days followed by a period of "off duty" be considered as falling
within the scope of certified absence.
~
Signed on behalf of the Labour Court
Tom McGrath
______________________
10th January, 1991. Deputy Chairman
A.McG./J.C.