Special Leave Policy & Procedure

Transcription

1 Version 2 SH HR 51 Summary: Keywords (minimum of 5): (To assist policy search engine) Target Audience: This document provides guidance for staff and managers for requests of special leave, parental leave, and employment breaks. Furthermore, the Special Leave Policy and Procedure provides a framework for managers to take a fair and equitable approach to such leave. Special leave, dependant leave, leave for domestic reasons, leave for family reasons, leave for personal reasons, parental leave, employment break, jury service leave, public duties leave, severe weather leave, leave for disruption of travel services. All staff employed by Southern Health NHS Foundation Trust. Next Review Date: May 2019 Approved and Ratified by: Staff Side Scrutiny Group Joint Consultative and Negotiating Committee Date of meeting: Date issued: Author: Sponsor: Louise Jones Senior HR Manager, Best Practice Development Sandra Grant Director of People and Communications 1

2 Version Control Change Record Date Author Version Page Reason for Change Feb 2016 May 2016 Louise Jones, Senior HR Manager Louise Jones, Senior HR Manager application of policy to employed staff only. 2 throughout Combining SH HR51 Special Leave Policy & SH HR 52 Special Leave Procedure. Reviewers/Contributors Name Position Version Reviewed & Date Rita Hawkshaw HR Manager, Best Practice V1 Human Resources Team, Staff Side and Joint Consultative and Negotiating Committee, October 2012 Human Resources Team, Staff Side and Joint Consultative and Negotiating Committee Version 2, March

3 Contents Page 1. Introduction 4 2. Scope 5 3. Definition 5 4. Roles and Responsibilities 5 5. Policy Principles Overview of Procedure Process Training Requirements Monitoring Compliance Policy Review Associated Documents Supporting References 15 A1. A2. A3. A4. Application Form for Special Leave Application Form for Parental Leave Application Form for an Employment Break and Employment Break Scheme -Terms and Conditions Equality Impact Screening Analysis Tool

4 1. Introduction 1.1. Southern Health NHS Foundation Trust (the Trust ) is committed to helping staff balance the demands of both their work and personal needs. Furthermore, the Trust recognises the importance of supporting its staff to achieve a work-life balance, in order to maintain an effective work performance and the continued provision of high quality services As such this policy and procedure recognises that from time to time employees will need to request special leave to attend to domestic, personal and family matters of an urgent or unforeseen nature. The Trust also recognises that employees may also request special leave for public duties, to take parental leave or an employment break To this end, the purpose of this policy and procedure is to provide a framework for managers to take a fair and equitable approach in the consideration of the above leave requests and reasonable (paid or unpaid) time off, given each individual s circumstances balanced with the needs of the business. In addition, managers need to consider leave given previously in similar circumstances within their service area to ensure consistency This policy outlines guiding principles in determining fair and reasonable practices in the provision of special leave balanced with service needs. Such leave may be paid or unpaid. To ensure managers apply a fair, objective and equitable approach to each special leave request, appropriate documentation must be produced to enable transparency of the decision It is important that staff do not see special leave outlined in this procedure as an addition to their annual leave allocation. Where possible, a flexible approach will be adopted to enable staff to meet these different demands (e.g. considering short or long-term flexible working options and using annual leave where circumstances allow), whilst ensuring the overall service needs are safely met There is no statutory obligation for the special leave to be paid. Paid leave, therefore, should not be regarded as an automatic entitlement The policy adheres to statute. However, where the NHS Agenda for Change contractual terms and conditions of employment exceed the statutory requirements the policy aligns with the contractual terms. 1.8 If staff abuse this procedure and knowingly provide false information in relation to requesting special leave, this will be investigated and may be dealt with under the disciplinary procedure Any requests should not be unreasonably refused or postponed without sound business grounds and Line Managers should further discuss such requests with a Human Resources Advisor prior to the confirmation of a decision For other types of leave not covered in this document, please refer to the Special Leave Toolkit Document 1. 4

5 2. Scope 2.1. This policy and its associated procedure will apply to all staff directly employed by the Trust other than when specific conditions may apply e.g. to Medical and Dental staff To qualify for parental leave and the employment break scheme, staff must have completed a minimum of twelve (12) months continuous service with the NHS. 3. Definition 3.1. Dependants Under the Employment Rights Act 1996, staff may take a reasonable amount of time off to deal with an emergency relating to a dependant. A dependant includes: the staff member s spouse or civil partner, child, parent, or a person who lives in the same household as the staff member (other than a lodger or tenant); any person who reasonably relies on the staff member for assistance when the person falls ill or is injured or assaulted, or to make arrangements for provision of care in the event of illness or injury; or in relation to the disruption or termination of care for a dependant, any other person who reasonably relies on the staff member to make arrangements for the provision of care. 4. Roles and Responsibilities 4.1. Trust The Trust has an obligation under the Employment Rights Acts 1996 and in the NHS Agenda for Change conditions of employment to allow staff time off in the circumstances outlined in this policy. The NHS Constitution also asserts that staff have the right and opportunity to balance work and personal demands The Trust has overall responsibility to have processes in place to ensure that staff are aware of this policy and adhere to its requirements Managers Managers responsibilities include the following: Ensuring this policy and procedure are disseminated effectively to their teams and that teams are aware of the procedures for requesting special leave. When considering a special leave request, managers should assess the impact of the special leave request against the service/business needs and other previous request of special leave (for consistency and equality purposes, where possible). Managers should also be sympathetic and flexible in their response to requests for special leave and discuss with the staff member all options which are available in each individual circumstance. Ensuring that the allocation of special leave is fair, and based on evidence provided where necessary. Managers should, therefore, accurately record 5

6 special leave requests and monitor the total amount of special leave being taken by each individual. Ensuring notification of any period of paid or unpaid special leave is sent to Payroll and the Human Resources Team, and where available, the Electronic Staff Record via E-rostering Self Service should be used to input the information. Providing written reasons for exceptionally refusing a request for special leave. Any request should not unreasonably be refused and the manager should discuss the matter with a Human Resources Advisor before refusing requests. Identifying, and acting on, any abuse of this policy. This action may include disciplinary action Staff Staff responsibilities include the following: Have awareness of this policy and procedure and how to request special leave. Taking steps to minimise the need for special leave by ensuring they have relevant and appropriate arrangements, including contingency arrangements to allow them to fulfill their contractual obligations. Where possible, a flexible approach should be adopted in considering alternative options to special leave (e.g. considering short or long-term flexible working options and using annual leave where circumstances allow). Informing their Line Manager as soon as is practicable of their requirement to take a period of leave. They should also ensure they complete the relevant special leave application forms and have documentation, where appropriate, to prove that the- leave is required. Should staff be considering taking on public duties, they should advise their Line Manager before first entering into such commitments and discuss the extent of the commitment and the implications for their work. Where a staff member is already undertaking such duties prior to commencing employment with the Trust, they should notify their Line Manager as soon as possible after commencement and discuss the implications Human Resources The Human Resources Team has a responsibility to ensure that the policy is followed, fairly and consistently. Their duties will involve: ensuring the effective implementation and embedding of the policy through education and monitoring activity; providing advice and support in the application of this policy in individual cases; and ensuring that the policy and procedure are maintained and updated accordingly in line with any organisational changes or legislative changes Trade Unions Trade Union representatives have an important role to play generally in providing advice, support and, if required, representation to their members and working in partnership with managers and the Human Resources Team in looking to ensure 6

7 that the Trust s Special Leave Policy and Procedure is applied reasonably and fairly. 5. Policy Principles 5.1. The purpose of this policy and procedure is to provide a framework for managers to take a fair and equitable approach in the consideration of special leave requests and reasonable (paid or unpaid) time off, given each individual s circumstances balanced with the needs of the business. In addition, managers need to consider special leave given previously in similar circumstances within their service area to ensure consistency Where possible, a flexible approach will be adopted to enable staff to meet these different demands (e.g. considering short or long-term flexible working options and using annual leave where circumstances allow), whilst ensuring the overall service needs are safely met There is no statutory obligation for special leave to be paid. Paid leave, therefore, should not be regarded as an automatic entitlement To ensure managers apply a fair, objective and equitable approach to each leave request, appropriate documentation must be produced to enable transparency of the decision. 5.5 Any requests should not be unreasonably refused or postponed without sound business grounds and should be further discussed with a Human Resources Advisor prior to the confirmation of such a decision. 6. Overview of Procedure 6.1. The Special Leave Procedure provides guidance for staff and managers on the following requests:- Special leave for domestic, personal or family reasons. Special leave for public duties Parental leave Employment break scheme Other special leave (including leave for severe weather and/or disruption of travel services) Furthermore, the Special Leave Policy and Procedure provides a framework for managers to take a fair and equitable approach to such leave. For other types of leave not covered above, please refer to the Special Leave Toolkit Document 1. 7

8 7 Process 7.1 Special Leave for Domestic, Personal and Family Reasons Such leave is intended to provide a compassionate response to cases of genuine domestic emergencies and unforeseen matters relating to a dependant or immediate family (child, parents, sibling, partner or parents of partner). This leave would not normally be granted for extended family or unrelated persons unless there were exceptionally close links Leave granted under these arrangements is intended to assist in those urgent and unforeseen situations where a short period of leave (normally from a few hours up to three (3) days) will help to resolve the staff s issue. It is not intended to resolve recurrent difficulties for which other arrangements maybe an option Application Process for Special Leave for Domestic, Personal and Family Reasons Staff must notify their Line Manager at the earliest opportunity of the circumstances giving rise to the need for special leave, using the Application Form for Special Leave (see Appendix One). It is recognised that due to the urgent nature of these requests, completion of the form may not be possible at this stage. However, the staff member must still contact their Line Manager and should explain: the reason for the absence; and how long they expect to be absent from work If the staff member's Line Manager is unavailable, they must speak to a deputy or an equivalent manager The Line Manager should then discuss the application for special leave with the staff member, including the period of time it is anticipated they will need to be away from work. The Line Manager and staff member should together consider all options, which are available in each individual circumstance Depending on the circumstances, Line Managers have the discretion to grant special paid leave, normally up to three (3) days in any rolling twelve months. Any further leave may be granted in agreement with the Line Manager but may not be paid To facilitate the Line Manager s decision in granting special leave and reasonable (paid and unpaid) time off, the Line Manager must consider a number of factors (please refer to Special Leave Toolkit Document 2) If leave is requested at short notice, to ensure service continuity and safe staffing levels, Line Managers should ensure the staff members work is covered for the short period of leave Completion of the application form/documentation Following the discussion, the Application Form for Special Leave (see Appendix One) should be fully completed by the staff member and Line Manager then returned to the Workforce Planning Team (and where available, make a note of the special leave via e-rostering self-service) and a personal copy securely retained. It 8

9 is recognised that due to the nature of the circumstances the forms may have to be completed retrospectively to the special leave being taken Return to work If staff are aware that they are unlikely to return to work on the anticipated return date, then the staff member must inform the Line Manager as soon as possible. On the staff member s return to work, Line Managers should have a further private discussion to determine the support for the individual and their needs (e.g. need for flexible working on a short/long-term basis) Failure to return If the staff member does not return to work on the day that they indicated that they would return, the Line Manager should contact the individual. The Line Manager should ask the individual when they envisage returning to work and discuss how subsequent time off will be managed and recorded. 7.3 Special Leave for Public Duties Staff undertaking essential civil or public duties are entitled to reasonable time off in respect of specific activities. The Special Leave Toolkit Document 3 outlines duties/activities for which it is considered paid time off should be allowed, although there is no legal requirement to give it The Trust wishes to allow its managers the widest possible discretion when faced with requests for leave therefore only indicative amounts of leave with pay that may be agreed for each duty or activity have been stipulated Where absence on a public duty or activity would cause considerable disruption to a department, with the exception of Jury Service, the Line Manager has the right to refuse permission for special leave with or without pay. In doing so the Line Manager must ensure that any decision to refuse permission is reasonable in all circumstances. 7.4 Application Process for Special Leave for Public Duties Any member of staff wishing to participate in any of the duties/activities entitling special leave should notify their manager of their wishes, by using the Application Form for Special Leave (see Appendix One), before committing themselves. Entitlement to paid leave could be affected if this process has not been undertaken Where applicable, individuals requesting special leave to undertake ongoing public duties or activities should provide their Line Managers with an outline of their expected involvement throughout the year to enable their absence to be planned within the leave roster and should only be granted in respect of time when the staff member would normally be at work Completion of the application form/documentation Following the Line Manager s communication of the decision with the staff member, the relevant section on the Application Form for Special Leave (see Appendix One) should be completed by the Line Manager and returned to the Workforce Planning Team (and where available, input the special leave via the e-rostering self-service) and a personal copy securely retained. 9

10 7.5 Parental Leave Parental leave is appropriate in cases where a parent needs to have time off work to attend to the welfare of a child in their care (e.g. hospital stay with a child, spend more time with a child, to make school/childcare arrangements to help settle them in) All staff with twelve (12) months NHS continuous service have a right to parental leave if they have parental responsibility for one or more children under eighteen (18) years old The law currently excludes a provision for foster parents, although exceptions may be made for those with long term caring responsibilities (in excess of six months) Entitlement The total parental leave entitlement is eighteen (18) weeks without pay for each child, including each child of a multiple birth The total parental leave entitlement may be taken at any time up to a child s eighteenth (18 th ) birthday Parental leave should be taken in blocks of one (1) week or multiple weeks, and should not be taken as odd days off (except in relation to a child who has a disability). Staff may not normally take more than four (4) weeks' leave in respect of any individual child in any year. For these purposes a year is the period of twelve months beginning when the staff member first becomes entitled to parental leave in respect of the child, and each successive period of twelve months beginning on the anniversary of that date Continuity of employment is maintained during any period of parental leave. Staff retain all contractual rights, except remuneration, and should return to the same role, provided that the leave was for a period of four weeks or less (and did not follow on immediately from a period of additional maternity or adoption leave). Pension rights and contributions shall be dealt with in accordance with NHS Superannuation Regulations If both parents are employed by the Trust each will be eligible to the same entitlement as described in Section Application Process for Parental Leave Staff should make a request to their Line Manager for parental leave, using the Application Form for Parental Leave (see Appendix Two), giving at least twentyone (21) calendar days notice of the start date of the parental leave Prior to the request, staff members must contact the Pension Officer in the Payroll Department to discuss the implications of parental leave on their pension and options for pension arrangements To facilitate the Line Manager s decision in granting parental leave the Line Manager must consider a number of factors (please refer to Special Leave Toolkit Document 4). 10

11 7.6.4 Completion of the application form/documentation Following the Line Manager s decision, the relevant section of the Application Form for Parental Leave (see Appendix Two) should be completed by the Line Manager and returned to the Workforce Planning Team (and where available, input the parental leave via the e-rostering self-service) and a personal copy securely retained It is also important for the Line Manager to make a note of any authorised leave on the personal file, as staff may carry over any remaining parental leave entitlement to subsequent employers. 7.7 Employment Break Scheme The employment break scheme provides staff with a longer period of unpaid leave than is provided by parental or other leave arrangements without losing continuity of employment or the right to return to the same or similar job. The aim is to retain staff who may otherwise choose to leave the workforce permanently The employment break scheme may be used to look after dependants, to travel, for study leave, to work abroad or to undertake training. Other reasons will be considered on their merits The scheme is open to all staff on permanent contracts but a break must only be authorised by an Area Manager or manager of an equivalent level. To be eligible for an employment break the staff member must have twelve (12) months continuous service with the Trust Subject to eligibility and approval, employment breaks are available for a maximum of five (5) years and should be negotiated between the Area Manager (or equivalent manager), Line Manager and the individual concerned, balancing the needs of the applicant with the needs of the service. More than one break is possible provided that the total absence on employment breaks does not exceed five (5) years. The minimum length of break is three (3) months. There must be at least one (1) year's service between breaks. Breaks may be shortened or extended within the five (5) year maximum by agreement in writing between the Area Manager (or equivalent manager), Line Manager and the staff member. 7.8 Application Process for an Employment Break Staff wishing to apply for an employment break should do so by completing the Application Form for an Employment Break (see Appendix Three) and providing three (3) months notice (although in exceptional cases approval may be given with less notice) Please note, prior to completing the application, staff must contact the Pensions Officer in the Payroll Department, to discuss the implications of the employment break on their pensions and options for pension arrangements. In addition, staff should understand that by completing and signing the Application Form for an Employment Break, staff are bound to the Employment Break Scheme - Terms and Conditions (see Appendix Three) Area Managers (or equivalent manager) and Line Managers are advised to seek guidance from a Human Resources Advisor on how a break might be managed. In 11

12 addition, a manager s checklist for employment breaks is provided in the Special Leave Toolkit Document In all cases the Line Manager and Area Manager (or equivalent manager) will endeavour to balance the needs of the service with the needs of the individual requesting the leave Requests for an employment break may be postponed or refused due to a good business reason/service requirements but authorisation of leave will be delayed for no longer than six (6) months from the original request If the Area Manager (or equivalent manager) agrees to the break, during the break the individual remains an employee of the Trust. The Area Manager (or equivalent manager), Line Manager and staff must sign an agreement (the HR9a Variation to Contract Form ) varying the terms and conditions of employment Keeping in Touch Line managers must discuss Keeping in Touch arrangements prior to agreeing to the employment break. The main purpose of Keeping in Touch is for staff to maintain their skills and professional competencies and stay in touch with changes in procedures in their area of work. Please refer to the Special Leave Toolkit Document 5, for guidance on Keeping in Touch Completion of the application form/documentation Following the decision/line Manager and staff member s discussion, the completed Application Form for an Employment Break (see Appendix Three) must be returned to the Workforce Planning Team (and where available, input the employment break via the e-rostering self-service) and a personal copy securely retained. In addition, the HR9a Variation to Contract Form must also be sent to the Workforce Planning Team Return to Work Please refer to Special Leave Toolkit Document 5, for further guidance on Return to Work Breaks of one year or less Staff who return within one (1) calendar year will be guaranteed a return to their former post within their own department as far as is reasonably practicable, at an equivalent salary or as negotiated with the Line Manager and authorising Area Manager (or equivalent). Exceptions to this may be where cover for the post is essential and recruitment to a fixed term post is difficult to achieve. Staff should be kept informed of cover arrangements in this situation Breaks of more than one year For any period of leave taken in excess of one year, every effort will be made to find a position similar in grade and responsibility to that held before the break and on an equivalent salary point. Options including part time work and job sharing will always be considered. 7.9 Other Leave In other exceptional circumstances not outlined in this policy and procedure, paid or unpaid special leave may be allocated at the discretion of the Line Manager in consultation with a Human Resources Advisor. 12

13 In relation to a major incident/emergency, it will be a Corporate decision to exceptionally grant special leave (see Management of Staff Business Continuity Policy) Exceptional special leave due to severe weather and/or disruption of travel services Further guidance is provided in Special Leave Toolkit Document During periods of severe weather all normal reporting procedures apply The Trust wishes to stress that the delivery of service to client groups is of paramount importance and is the basis for decisions taken by managers regarding attendance (or continued attendance) at work All staff are expected to make all reasonable attempts to attend work in order for services to be maintained even if this means they will arrive late. Staff living within walking distance of their base will be expected to make every effort to get to work having due consideration for their health and safety Where staff are unable to attend work, Line Managers are encouraged to: - Explore the possibility of the staff member performing their role from another site within the Trust or from home. This will depend on the individual s type of work and needs of the service. Request that individuals use annual leave, flexi time or outstanding lieu days. Wherever possible to make up time on other occasions. When the above are not possible, unpaid special leave will be granted exceptionally Documentation On agreement to exceptional unpaid leave, both the member of staff and Line Manager must complete the Application Form for Special Leave (see Appendix One) and return to the Workforce Planning Team (and where available, input the special leave via e-rostering self-service) and retain a personal copy securely. It is recognised that forms will have to be completed retrospectively to the unpaid leave being taken Seeking a resolution if a request for special leave is unreasonably refused Any member of staff who feel their leave has been unreasonably refused/ postponed should discuss their concerns with their Line Manager in the first instance. Normally, a resolution or alternative option can be agreed. However, it may not be possible to achieve a resolution in all cases, in these circumstances the Trust s Grievance Policy and Procedure should be referred to. 8. Training Requirements 8.1. Training will be provided, as appropriate, to new staff as part of the local induction process. The existence and scope of this Special Leave Policy and Procedure will be brought to the attention of all staff through information exchange, staff 13

14 newsletters and any other method considered relevant, i.e. dedicated workshops/training events, or team/individual discussions Specific training will also be provided for managers to ensure they have the knowledge, skills and awareness necessary to operate this policy efficiently and effectively and to communicate it to their staff. 9. Monitoring Compliance Human Resources (HR) will monitor the application of the policy and procedure through feedback from staff and managers. HR will use the information to monitor the implementation of the policy and management of cases. Feedback, legislature and changes to terms and conditions will be used to inform and improve policies, as well as provide recommendations for improving working practices. HR will provide relevant reports, based on this data, to the Strategic Workforce Committee (SWC), Executive Board and the Joint Consultative and Negotiating Committee (JCNC) as required. 10. Policy Review The policy and procedures contained within these documents will be in place for three years following approval of a review and amendments. An earlier review can take place should exceptional circumstances arise resulting from this policy and procedure; in whole or in part, being insufficient for the purpose and/or if there are legislative changes. 11. Associated Documents Annual Leave Policy and Procedure Disciplinary Policy and Procedure Equal Opportunities Policy and Procedure Exclusion Policy and Procedure Flexible Working Policy and Procedure Grievance Policy and Procedure Managing Attendance Policy and Procedure Management of Staff Business Continuity Policy Maternity, Paternity and Adoption Leave and Pay Policy and Procedure. Organisational Change Policy and Procedure Union Facilities Agreement Policy Agenda for Change: NHS terms and condition of service handbook Employment Rights Act 1996 NHS Constitution 14

15 12. Supporting References Advisory, Conciliation and Arbitration Service (ACAS) promotes employment relations and HR excellence. The Chartered Institute of Personnel and Development (CIPD) is the chartered HR and development professional body and provides guidance on employment law and best practice. XpertHR provides further guidance on employment law and best practice. 15

16 APPENDIX ONE: APPLICATION FORM FOR SPECIAL LEAVE Part 1 to be completed by staff member Name Work Address Department Employee Assignment Number: (on payslip) Band: Contract hours: Please indicate the type of special leave requested: Special leave for domestic, personal or family reasons Special leave for public duties/activities: please specify:- Other special leave: please specify:- Please provide further details on the leave requested: Start and end date of the leave Total number of days to be taken Further information Signed: Date: Part 2 - to be completed by line manager and discussed with staff member Days agreed to be paid Please specify start and end date of paid leave Days agreed to be unpaid Please specify start and end date of unpaid leave If leave has been refused, please provide the reason(s): Please continue on additional sheet if required and attach to this form I certify that, to the best of my knowledge, the details outlined above are correct and have been agreed. Signed (Line Manager): Print Name: Date: Please submit a copy of this form to the Workforce Planning Team, Southern Health NHS Foundation Trust, Hawthorn Lodge, Moorgreen Hospital, Botley Road, West End, SO30 3JB (or scan and a copy to the Workforce Planning Team hp-tr.hantsptworkforceplanning@nhs.net ) and where available, input the special leave via the e-rostering self-service Retain a copy for the local personal file. 16

17 APPENDIX TWO: APPLICATION FORM FOR PARENTAL LEAVE Part 1 to be completed by staff member Name Work Address Department Employee Assignment Number: (on payslip) Date employment with Trust commenced: Child s information: Name of child Date of Birth of child (and, if applicable, date of adoption) Relationship to child Does your child have a disability and receives a disability living allowance? Parental leave entitlement Please specify the total amount of parental leave you have taken for your above child since they were born/ adopted? Please specify the total amount of parental leave you have taken for your above child since their last birthday or, if adopted, the last anniversary of their adoption date? Please provide further details on the parental leave requested: Start and end date of the leave Total number of days to be taken Reason for parental leave Please continue on additional sheet if required and attach to this form I certify that the information that I have provided is correct. I understand that providing false information may be deemed to be fraudulent and may result in disciplinary action being taken against me by the Trust. (Please note - fraud can be treated as gross misconduct). Signed: Date: Print Name: Part 2 - to be completed by line manager and discussed with staff member If leave has been agreed, please provide the following information: Days agreed to be taken in this period Please specify start and end date of leave 17

18 If leave is to be postponed, please provide the reason(s): If leave is to be postponed, please state the suggested dates for leave to be taken:- Please continue on additional sheet if required and attach to this form I certify that, to the best of my knowledge, the details outlined above are correct and have been agreed. Signed (Line Manager): Date: Print Name: Please submit a copy of this form to the Workforce Planning Team, Southern Health NHS Foundation Trust, Hawthorn Lodge, Moorgreen Hospital, Botley Road, West End, SO30 3JB (or scan and a copy to the Workforce Planning Team hptr.hantsptworkforceplanning@nhs.net ) and where available, input the parental leave via the e-rostering self-service. Retain a copy for the local personal file 18

19 APPENDIX THREE APPLICATION FORM FOR AN EMPLOYMENT BREAK and EMPLOYMENT BREAK SCHEME - TERMS AND CONDITIONS Page 1 of 4 Part 1 to be completed by staff member Name Work Address Department Employee Assignment Number: (on payslip) Band: Date employment with Trust commenced: Permanent contact of employment: I wish to apply for an employment break for the following purpose: Y N Please continue on additional sheet if required and attach to this form I would like to commence the employment break on: I intend to return to work on: Declaration I have read and understood the Employment Break Scheme procedure, Application Process for an Employment Break, as detailed in the Special Leave Procedure Sections 2.7 and 2.8 and I have read and understand that I am bound by the attached Employment Break Scheme - Terms and Conditions and am aware of the notice I am required to give my manager when I intend to return to work. I declare that I have sought advice on the impact of an Employment Break on my NHS pensions. I will inform my manager in writing as soon as possible should I decide at any time not to return to work after my employment break. Signed: Date: 19

20 APPENDIX THREE APPLICATION FORM FOR AN EMPLOYMENT BREAK and EMPLOYMENT BREAK SCHEME - TERMS AND CONDITIONS Page 2 of 4 Part 2a IF AN EMPLOYMENT BREAK IS GRANTED BY THE AREA MANAGER (or EQUIVALENT MANAGER), this section is to be completed by the Area Manager (or equivalent) and Line Manager, along with the HR9a Variation to Contract Form and discussed with staff member. (Please note the HR9aVariation to Contract Form must also be signed by the staff member). I certify that, to the best of my knowledge, the details outlined above are correct and have been agreed and the staff member and I have made arrangements for keeping in touch. Please also find attached the completed HR9a Variation to Contract Form, which confirms the staff member s employment break start and intended return date. Signed (Area Manager/equivalent manager): Signed (Line Manager): Print Name: Print Name: Date: Part 2b IF AN EMPLOYMENT BREAK IS POSTPONED/REFUSED BY THE AREA MANAGER (or EQUIVALENT MANAGER), this section is to be completed the Area Manager (or equivalent) and Line Manager, and discussed with the staff member. Please provide the reason(s) for the postponement/refusal of the employment break: Please continue on additional sheet if required and attach to this form I certify that, to the best of my knowledge, the details outlined above are correct and have been agreed. Signed (Area Manager/equivalent manager): Signed (Line Manager): Print Name: Print Name: Date: Please submit a copy of this form and HR9a Variation to Contract Form to the Workforce Planning Team, Southern Health NHS Foundation Trust, Hawthorn Lodge, Moorgreen Hospital, Botley Road, West End, SO30 3JB (or scan and a copy to the Workforce Planning Team hp-tr.hantsptworkforceplanning@nhs.net ) and where available, input the employment break via the e- rostering self-service Retain a copy for the local personal file 20

21 APPENDIX THREE APPLICATION FORM FOR AN EMPLOYMENT BREAK and EMPLOYMENT BREAK SCHEME - TERMS AND CONDITIONS Page 3 of 4 Employment Break Scheme Terms and Conditions 1. Employment status During the employment break, individuals will remain employees of the Trust. Periods of paid employment will be notified to the Payroll department by the HR9a Variation to Contract Form. Staff on employment breaks will not normally be allowed to take up paid employment with another employer except where, for example, work overseas or charitable work could broaden experience. In such circumstances written authority from the Line Manager would be necessary. Breach of this condition will result in termination of contract. 2. Reckonable service On return to work, staff benefit from the service accrued before they took the break. Periods of paid employment with the Trust during the break will count as reckonable service Breaks of one year or less will count towards continuous employment for deciding length of service for: long service leave, maternity pay, occupational sick pay, statutory and redundancy payments Breaks of longer than one year will count towards continuity of employment for statutory purposes only. Other provisions depending upon length of service, i.e. contractual redundancy payments, leave entitlements, etc. should be suspended for the period of the break. Periods of service before and after the break will be aggregated to determine the appropriate length of service to be used for these purposes. 3. Maternity leave In the case of an employment break following maternity leave, the break will commence no later than when paid maternity leave ends. 4. Sick leave/pay Staff will not be entitled to occupational sick pay during the employment break. 5. Annual leave On return to work, staff will receive the appropriate amount of annual leave for their post according to their length of service prior to the break. The break itself does not count towards the accrual of long service leave unless the break is for less than one year (see Section of the Special Leave Procedure). 6. Lease cars Staff who are party to lease car arrangements may retain the leasing arrangements provided that they meet the whole cost of the lease during their absence (as there will be no business miles). 21

22 APPENDIX THREE APPLICATION FORM FOR AN EMPLOYMENT BREAK and EMPLOYMENT BREAK SCHEME - TERMS AND CONDITIONS Page 4 of 4 Employment Break Scheme Terms and Conditions 7. Pension rights whilst on an employment break Prior to committing to an employment break, staff must contact the Pensions Officer in the Payroll Department, to discuss the implications of the employment breaks on their pensions and options for pension arrangements. 8. Notice of return to work If a change of circumstances prevents the staff member from returning to work, they are required to inform the Area Manager (or equivalent manager) and Line Manager in writing as soon as is reasonably practicable before the agreed expected date of return. Breaks of one year or less If an individual intends to return within one (1) year, a minimum of two (2) months written notice is required. The notice period may be varied in exceptional circumstances in consultation with the Area Manager (or equivalent manager) and Line Manager. Breaks of more than one year A minimum of six (6) months notice is required of a return to work although this may be varied in consultation with the Area Manager (or equivalent manager) and Line Manager. 9. Failure to Comply The Trust retains the right to remove a staff member from the scheme who fails to comply with the Employment Break Scheme arrangements, detailed in Special Leave Procedure, Section 2.7 and 2.8 and the Employment Break Scheme - Terms and Conditions, subject to Trust's disciplinary procedures. 22

23 APPENDIX FOUR EQUALITY IMPACT ANALYSIS SCREENING TOOL Equality Impact Assessment (or Equality Analysis ) is a process of systematically analysing a new or existing policy/practice or service to identify what impact or likely impact it will have on protected groups. It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law. For guidance and support in completing this form please contact a member of the Equality and Diversity team. Name of policy/service/project/plan: Policy Number: SH HR 51 & 52 Department: Human Resources Lead officer for assessment: Rita Hawkshaw: HR Best Practice Lead & Ricky Somal: E&D Lead Date Assessment Carried Out: December 2012 Reviewed Louise Jones: Senior HR Manager Best Practice Development 1. Identify the aims of the policy and how it is implemented. Key questions Briefly describe purpose of the policy including How the policy is delivered and by whom Intended outcomes Answers / Notes This document provides guidance for staff and managers for requests of special leave, parental leave, and employment breaks. Furthermore, the Special Leave Policy and Procedure provides a framework for managers to take a fair and equitable approach to such leave. The provisions outlined in this policy serve as a guide to managers in determining fair and reasonable practices in the provision of special and extended leave. The policy advocates implementation of any special leave being fair and without prejudice to any member of staff on the grounds of protected characteristics, social or cultural background, trade union membership, employment status or working pattern. 2. Consideration of available data, research and information Monitoring data and other information involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. It can help you to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations. 23

24 Please consider the availability of the following as potential sources: Demographic data and other statistics, including census findings Recent research findings (local and national) Results from consultation or engagement you have undertaken Service user monitoring data Information from relevant groups or agencies, for example trade unions and voluntary/community organisations Analysis of records of enquiries about your service, or complaints or compliments about them Recommendations of external inspections or audit reports Key questions 2.1 What is the equalities profile of the team delivering the service/policy? Data, research and information that you can refer to The Equality and Diversity team will report on Workforce data on an annual basis. 2.2 What equalities training have staff received? 2.3 What is the equalities profile of service users? All Trust staff have a requirement to undertake Equality and Diversity training as part of Organisational Induction (Respect and Values) and E-Assessment The Trust Equality and Diversity team report on Trust patient equality data profiling on an annual basis 2.4 What other data do you have in terms of service users or staff? (e.g. results of customer satisfaction surveys, consultation findings). Are there any gaps? This special leave policy forms part of Southern Health s commitment to equal opportunities in employment and to improving the working lives of staff. The Trust has implemented the Equality Delivery System which will allow a robust examination of Trust performance on Equality, Diversity and Human Rights. This will be based on 4 key objectives that include: 1. Better health outcomes for all 2. Improved patient access and experience 3. Empowered, engaged and included staff 4. Inclusive leadership The purpose of the policy is to allow special leave to be granted for domestic, personal and family matters in order to help staff balance the demands of domestic and work responsibilities at times of urgent and unforeseen need. It is also intended to support staff to undertake civic and public duties. This policy aims to ensure that no employee receives less favourable treatment on the grounds of protected characteristics or trade union 24

25 membership, or is disadvantaged by any conditions or requirements which are not justified by the job. 2.5 What internal engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? Service users/carers/staff 2.6 What external engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? General Public/Commissioners/Local Authority/Voluntary Organisations In the table below, please describe how the proposals will have a positive impact on service users or staff. Please also record any potential negative impact on equality of opportunity for the target: In the case of negative impact, please indicate any measures planned to mitigate against this. 25

26 Positive impact (including examples of what the policy/service has done to promote equality) Negative Impact Action Plan to address negative impact Actions to overcome problem/barrier Resources required Responsibility Target date Age Information is provided in the policy/provisions made available to all staff with all types of responsibilities regardless of whether they have young families or older dependents or need support to deal with personal circumstances. Employees without families may of course feel aggrieved that as this is not available to them, therefore they are not afforded the same opportunities for leave. However, the special leave policy provides a wider range of additional leave that would equally be available to them. There are no immediate concerns that there are any issues regarding accessibility for different groups. The policy includes a form for monitoring purposes which is used by managers at a local level. Consideration could be given in the future to monitor and collate parental leave requests at an organisational level if there are concerns regarding inconsistencies in the policy's application. Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Staff may have relatives abroad or require extended period to travel for events i.e. funerals. In such leave; distance travelled may be a factor and will be considered in accordance with service needs. 26

27 Religion or Belief Sex The Trust recognises that it operates within a multi-cultural society where many religions and faiths are followed. Whilst the Trust understand that there are many special days within religious calendars, the Trust is unable to give paid time off for these events under special leave. Employees with caring responsibilities (which tend to include more women and, therefore, a higher proportion of our workforce) may be subject to increased need to take time off in relation to care for dependants. Bank Holidays dates are set by the UK Government on an annual basis and the Trust is required to observe these dates. Members of staff should request annual leave/unpaid leave or use TOIL (Time off in lieu) for the days/dates that they wish to take as leave in order to celebrate festivals or attend ceremonies. These cases may be eligible to apply for parental leave and employment breaks Sexual Orientation 27