WORK LIFE BALANCE AND FLEXIBLE WORKING POLICY

Transcription

1 WORK LIFE BALANCE AND FLEXIBLE WORKING POLICY APPROVED BY: South Gloucestershire Clinical Commissioning Group Quality and Governance Committee DATE May 2016 Date of Issue: June 2016 Version No: 2.0 Date of Review: May 2016 Author: NBT HR Department 1

2 Document status: Current Version Date Comments Draft May 2014 Draft Policy Review Group Version Ratification at Quality and Governance Committee Version Version Revised version from North Bristol Trust submitted to Policy Review Group Policy issued following approval by Quality and Governance Committee

3 CONTENTS Section Summary of Section Page Contents 3 A Work Life Balance Policy 4 B Flexible Working Policies and Procedures 7 C Employee Leave Policies and Procedures 18 D Working Time Policy and Appendices 36 3

4 WORK LIFE BALANCE POLICY SECTION A 1. BACKGROUND 1.1 The success of the CCG depends on you (the staff) and we understand that staff work at their best they are able to strike a good balance between your work and your life outside of work. We recognise that in order to attract and retain good staff, the CCG needs to demonstrate our commitment to helping you to achieve a healthy Work Life Balance that will enable you to work more productively and happily. These policies and procedures have been developed to provide you with a range of flexible working options and leave arrangements to help you achieve a more healthy work - life balance whilst ensuring that staff are working optimally in maintaining and promoting the best possible service. 1.2 This policy does not form part of any member of staff contract of employment and may be amended from time to time. 2. PURPOSE 2.1 Who does this policy apply to? All CCG staff. Flexible working arrangements should be considered when recruiting to vacant posts. 3. PRINCIPLES AND PURPOSE 3.1. How will the CCG improve Work-Life Balance? By promoting a healthy work-life balance in a structured and consistent manner, aiming to meet your flexible working/leave requests where possible By considering all requests on their own merits, with fairness, discretion, sensitivity and compassion, whilst ensuring that the organisation and the service are not disadvantaged By providing a number of policies and procedures organised as follows: Flexible Working Policies Annual Leave Policies 4 ROLES AND RESPONSIBILITIES Member of staff To discuss with line manager intention to apply for leave/flexible conditions as soon as reasonably practical To consult with colleagues where relevant To consider the needs of the service and, where possible, avoid disruption to service provision To provide full, accurate and relevant information to the application 4

5 process To adhere to timescales as described in the policy To advise, as soon as reasonably possible any proposed or actual changes in circumstances effecting the application, including following agreement any changes which may mean that the flexible arrangement is no longer required Manager To ensure that all staff are aware of the provisions of the policy and have access to a copy To consider all applications on their merit whilst ensuring application of the policy is fair and consistent Respond to applications within reasonable timescales and within the limits set out in the policy To ensure that relevant paperwork is forwarded to the payroll department within appropriate timescales To ensure that in consideration of all applications the needs of the service are not disadvantage Human Resources To advise staff and managers in the application and principles of the policy To support the investigation of suspected fraudulent applications and refer to the Counter Fraud Service as appropriate 5 CONSULTATION 5.1 This policy and procedure has been developed in consultation with CCG Policy Review Group and has been ratified by the Governing Body subcommittee, the Quality and Governance Committee. 6 WHAT DO I DO IF I FEEL THE POLICY IS NOT BEING IMPLEMENTED PROPERLY? 6.1 If you feel that the Work-Life Balance Policy is not being applied correctly you should discuss this in the first instance with your line manager and/or senior manager. However if you are still unhappy you can make a complaint under the CCG s Grievance Procedure. 7 WHAT CAN I DO IF I FEEL THAT MY REQUEST FOR FLEXIBLE WORKING/EMPLOYEE LEAVE HAS BEEN UNFAIRLY REFUSED? 7.1 If you have followed the correct application procedure and you feel that your request for flexible working/employee leave has been unreasonably refused, you should discuss this in the first instance with your line manager and/or senior manager. If you are still unhappy you can appeal against the decision, using the CCG s Grievance Policy. 5

6 Please note that if you are appealing about parental leave and you have a child under the age of 18, your appeal hearing should be held within 4 weeks of your request being turned down. 8 WHAT HAPPENS IF THE PROVISIONS OF THIS POLICY ARE ABUSED? 8.1 Making false declaration or failing to provide relevant information in order to gain approval of leave or amended working patterns could result in an investigation in line with the Investigating Employee Complaints and Allegations Policy and Procedure, and may result in disciplinary action up to and including dismissal. 8.2 This could also be considered as fraudulent in which case the matter will be referred to the Local Counter Fraud Service. 8.3 Any misuse of this policy and procedure(s) (by Manager or Staff) will be dealt with through the CCG s Disciplinary Procedure. 9 EQUAL OPPORTUNITIES/EQUALITIES IMPACT ASSESSMENT 9.1 An Equality Impact Assessment has been completed for this policy and procedure and it does not marginalise or discriminate minority groups. 10. REVIEW DATE 10.1 This policy and procedure will be reviewed after 2 years, or earlier at the request of either staff or management side, or in light of any changes to legislation or National Guidance. 11 REFERENCE AND LINKS TO OTHER POLICIES Annual Leave Policy Sickness Absence Policy Secondary Employment Policy 6

7 FLEXIBLE WORKING POLICIES AND PROCEDURES SECTION B 1 DEFINITIIONS AND SUMMARY OF THE FLEXIBLE WORKING OPTIONS AVAILABLE Title of Policy/Guidance Part Time Flexi-working Job Share Home Working Term Time Working Annualised Hours Flexible Retirement Brief definition Working less than full time with an agreed pattern of hours. Working your contracted hours on a flexible basis. In a flexi scheme, core hours are covered but start and finish times of the day can be varied. Hours can be credited or debited within an agreed period and time off can be taken in lieu of hours worked. 2 or more equally graded members of staff share the duties of one post. An agreement which allows a member of staff to work part or all of their working time at home. Taking leave during school holidays with a salary that is divided in to 12 monthly equal amounts. Working a set number of hours over a one-year period, with hours being distributed unevenly throughout the year. Options enabling a reduction in hours or responsibility prior to retirement, or enabling staff to return to work following retirement (Please refer to Retirement Policy). 2 APPLYING TO WORK FLEXIBLY 2.1 Do I have the right to apply to work flexibly? In line with legislation, the CCG will consider requests for flexible working from any member of staff. All requests will be dealt with sensitively and where possible your needs will be met The purpose of this policy is to try and support staff in achieving a healthy work-life balance. As such, requests made in order for people to undertake secondary employment will not normally be granted and the CCG reserves the right to withdraw any flexible working arrangement if an employee takes up a second post [also refer to the Secondary Employment Policy] Similarly where the reason for the flexible working arrangement has been negated (e.g. where the child care arrangements are no longer necessary) the CCG reserves the right to withdraw any flexible working arrangement for the benefit of the service or to accommodate requests from other staff. 2.2 How do I request to work more flexibly? You should consider the various options available to you (see above). It 7

8 should be noted that the options listed within this document are intended as a general guidance to the types of flexible working options available. However, the spirit of this Policy is to agree arrangements that suit your own circumstances whilst satisfying the needs of the service. You should therefore discuss your own situation with your manager or the HR Department It may be that you would like to work flexibly initially for a time-limited period to cover a certain phase in your life. For example you may have an elderly dependant and would like to alter your hours to enable you to care for him/her; and a trial period of flexible working could be negotiated. Such requests will aim to be met by retaining your original contract and changing your working pattern for a temporary period, subject to review Once you are clear about your request you should apply in writing using the application form attached in Appendix (2) to your manager clearly stating that you would like to work more flexibly and how you would ideally see this working The CCG may be more able to accommodate your flexible working request the more notice they have. Please note that there can be up to 5 weeks from the date of your request to a decision, you should apply as early as possible and no less than 6 weeks before you want the arrangement to commence [at the manager s discretion this can be shortened in exceptional circumstances] You should not normally make a further request to work flexibly within 12 months of your last request. The CCG may however agree to accept such a request on a case by case basis. 2.3 How will my Manager deal with my request? Your manager should arrange to meet with you to discuss your request within 3 weeks of receiving your written application He/she will consider your request in light of your needs, the departmental needs and any legal requirements, and will assess how best to accommodate your needs without impairing the needs of others and the service. It is recommended your manager consults with your department to ensure any decision is fair, equitable and owned by the team. The Human Resources Department will offer advice and support in determining suitable flexible working options and you will also be able to bring a friend or representative to this meeting if you wish Following your meeting your manager will write to you within 2 weeks confirming the outcome of your discussion. This notification will clearly state your new working pattern if it has changed, when this will commence from and any salary changes if applicable. Should your request be rejected your manager should clearly outline the specific reasons for this and inform you of your rights of appeal. If you wish to appeal this should be submitted to your line managers manager within 14 calendar days from the date of the rejection letter. 8

9 2.3.4 If your hours and/or work situation does change you will be required to complete a change of conditions form (issued by your manager). 3 GUIDANCE ON PART TIME WORKING 3.1 Part Time working is widely used within the NHS and has always been the traditional way for employers to manage the need for flexibility within employment. There are many ways of accommodating part time working which are covered in this section of the Work-Life Balance Policy. 3.2 Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, all part-time workers are entitled, pro rata, to exactly the same benefits as full- time workers. This includes the right to receive a pro rata annual leave and Bank Holiday allocation. 3.3 Part time staff are entitled to join the NHS Pension Scheme. When calculating final pension payments, any part time member has their pension membership and final years pay changed to the equivalent full time amount. For example if someone has worked part time for 20 years at half time, their final pension is calculated on 10 years at their equivalent full time salary. Please contact the pensions department for advice about the calculation of pensions. 3.4 To apply to work part time please refer to the procedure notes in Section B point GUIDANCE ON FLEXIBLE WORKING 4.1 What is Flexi working? Flexi-working allows you to work your contracted hours in a flexible manner whilst ensuring that the needs of the service are not disadvantaged Flexi-working can be applied to all staff. Normally for operational staff, particularly office workers, flexi-working arrangements are set out in a flexiworking policy agree within the department (see Section 4.3 below) The Working Time Regulations (1998) state that individuals should not work more than 48 hours per week, averaged over 17 weeks, unless you opt out from these regulations. The Trust however believes that for staff to work at their best the regulations should be adhered to and therefore cumulative hours should not exceed 48 hours per week over a 17 week period. For further detail please refer to the Working Time Policy (see Section D). 4.2 Am I eligible for Flexi Working? All staff are eligible to be considered for flexi-working, including part time staff The operation of a flexi-working scheme is always subject to agreement from your manager to ensure the needs of the service are being met. For 9

10 example, it may not always be possible to allow maximum flexibility on a particular day due to service requirements Individual requests for flexi-working can be made to your manager. Your manager has discretion to grant this and may refuse if the needs of the service would be disadvantaged. 4.3 How does Flexi Working operate? If a flexi-working scheme is deemed appropriate the following example guidelines may be helpful when devising the arrangements: Please note these guidelines relate to full-time staff, but may be adapted as required. Set earliest start and latest finish times for a normal working day, e.g.7.30am-6.30pm. Set core times when all staff should be present at work, e.g. 10am-12 noon and 2pm 4pm Agree hours for a standard day, e.g. if a 37.5 hour week then 7.5 hours Lunch arrangements should be clearly stated. A minimum of 20 minutes rest break must be taken if staff work for 6 hours or more (this is unpaid) Agree a maximum of credit/debit hours to be carried over from one four week period (called the accounting period ) to the next. It is advised that this is not more than the equivalent of 1 normal working day in any accounting period Staff should be responsible for recording their hours in a system to be agreed with their manager. This should be monitored and any abuse of the system could result in disciplinary action. Staff and managers are responsible for retaining this information for a reasonable period of time for audit purposes Accrued flexi-time leave should only be taken at a mutually convenient time for the member of staff, manager and the department. If necessary, management can postpone leave at short notice In cases of authorised paid absence such as annual leave or sick leave, hours should be credited as a standard working day Routine medical and dental visits (other than antenatal care) should be taken during periods of flexible time, outside of core hours and no credit hours would normally be added. Where staff can demonstrate that these visits unavoidably occur during core times, reasonable hours would normally be credited in accordance with core hours lost. 4.4 How do I apply to do Flexi Working? Please refer to the procedure notes in Section B point JOB SHARE GUIDANCE 5.1 What is a job share? A Job Share is a working arrangement where, two or more equally graded staff share the duties of one post. 10

11 5.1.2 Job sharers share the full responsibilities of one post and undertake a proportionate amount of the duties Pay and conditions of service are shared pro rata according to the number of hours worked and each job sharer will receive a separate contract of employment Job sharing requires a high level of co-operation and communication between the sharers. This makes it different from Job Splitting, which is when a job is split in to two or more separate part time jobs, requiring very little interaction. 5.2 Am I eligible to job share? Job share is open to any person in the CCG, and all posts are eligible to be considered for job sharing. However not all posts will be deemed suitable for job sharing although requests should only be refused when there are justifiable service delivery reasons. Discussion should take place between your manager, your colleagues and Human Resources to decide if a post is viable for job share. 5.3 How do I apply for job share? If you are currently working in a post If you are currently working and wish your post to become a job share you should write to your line manager in the first instance with a copy to Human Resources Your manager should meet with you to discuss how the job share will work and Human Resources will be involved to advise on contractual and legislative matters If the application to job share is successful, the vacant part of the post will be advertised in accordance with the CCG s recruitment and selection procedures If you are applying for a full time post on a job share basis If you are applying for a new job on a job share basis it is helpful (although not essential) if you seek out a suitable job share partner before you apply Your application should include a detailed account of how the job share will work in practice. 5.4 How are Job Sharers selected? The process for filling a job share must be fair and equitable and consistent with the CCG s Recruitment and Selection Guidelines When you are already in post and searching for a job share partner You will be involved in the selection process and have the opportunity to 11

12 meet all applicants Your manager will discuss with you your views on potential candidates The final appointment decision will rest with the interview panel When you are making a joint application to job share in a post Both you and your potential job share partner will be interviewed separately by the panel to establish suitability to the role Following the separate interviews you will then be interviewed together to discuss details of the job share. This will be ideally on the same day and by the same interview panel When you are making an individual application to job share a post If there are separate applications for job share you will be interviewed separately You will then be given the opportunity to meet each other separately to discuss arrangements before being asked to meet together with the panel. 5.5 What happens if a job share partner cannot be found for me? If you are an existing job share member of staff and your job share partner leaves, you will be offered the remaining hours of the post in the first instance, subject to skill mix requirements of the service. If you reject this there will be at least one recruitment attempt to find a new job sharer. If this is unsuccessful you may be offered redeployment to another part time post if available. If neither of these options are acceptable or possible then you may, as a last resort, have to be given notice and your contract terminated. 5.6 How does job share affect my pay and conditions? Contract: You will be issued with an individual contract of employment and the provisions of the job share guidance and individual job share agreement relating to the post will form part of the contract. If you have converted from an existing post to a job share post you will be issued with an amended contract of employment or change of conditions form, retaining any service linked entitlements as appropriate. 5.7 Do I need to cover my job sharer s absence? There is no compulsory requirement for you to work extra hours to cover your job share partner s annual leave or sickness leave. However you will be expected to cover the agreed priority workload in the role, as far as is practicable. Additional hours may be offered to you by your manager to cover such periods of absence. 6 GUIDANCE ON TERM TIME WORKING 6.1 What is Term Time Working? 12

13 6.1.1 Term time working gives you the right to work during school term time only (either on a part- or full-time basis). Schools holidays are taken using a combination of paid annual leave and unpaid leave, and the amount of leave is determined by the length of the holidays for the school in question. Over the school year (September to September), you will receive your salary as 12 equal monthly payments that will be calculated based on an average of your salary and paid annual leave entitlement Term Time Working gives you the right to a combination of paid and unpaid leave during school holidays and enables you to receive your salary in equal 12 monthly instalments. Annual leave will be included as part of your salary. 6.2 Am I eligible for Term Time Working? All staff are eligible to apply for a term time only contract. This provision is intended primarily for staff who are carers of school age children (age 4 16); however other circumstances will be considered Agreement of Term Time working is subject to the continuation of carer responsibility for school age children, only in exceptional circumstances would continuation of this arrangement be considered beyond this period. 6.3 How does a Term Time Contract Work? A term time contract continues during school holidays through periods of paid and unpaid leave. Therefore all contractual benefits continue to apply even when you are not at work You can be either full or part time during your time at work You are expected to take the majority of paid annual leave during the school holiday period and not during term time. However you may take up to 1 week s annual leave during term time if absolutely necessary. This would need prior agreement from your manager along with a discussion about recalculation of your salary to take this into account or working back the week in the school holidays Your salary will be paid in 12 equal monthly instalments. You should contact your payroll department for a calculation of salary Public holidays are calculated on a pro rata basis to weeks worked Your pension service accrues for actual hours paid in a year [i.e. hours worked and annual leave] Reporting arrangements in relation to authorised absence including sickness still apply during school holidays If you are unwell during school holidays, you are required to inform your manager in the same way that you would be required to during term time. Providing this reporting is carried out appropriately, you will be re-credited 13

14 the appropriate amount of paid annual leave to take during term time. However, this will not be equal to the total amount of time you are unwell during school holidays, because only part of your time off is covered by paid annual leave. 6.4 How do I apply to do Term Time Working? Please refer to the procedure notes in Section B point 2.2. You should include school details i.e. number of weeks holidays/term time. 7 GUIDANCE ON ANNUALISED HOLIDAYS 7.1 What are Annualised Hours? You are contracted to work a set number of hours in a year rather than in a week The hours you work are calculated on a yearly basis rather than weekly. For example, if you are full time you will be contracted to work 1950 hours a year [inclusive of annual leave], which is the equivalent of 37.5 hours per week (52 weeks in a year multiplied by 37.5 hours per week = 1950 hours per year.) The hours you work are calculated on a yearly basis rather than weekly. For example, if you have a 0.5 whole time equivalent contract, you will be contracted to work 975 hours a year [inclusive of annual leave], which is equivalent of hours per week. (52 weeks in a year multiplied by hours per week = 975 hours per year.) You receive the same monthly salary and any additional hours that you work are paid to you on a quarterly basis. 7.2 Am I eligible to work Annualised Hours? All staff are eligible to be considered under this policy. However the main aim of allowing annualised hours is to manage the unpredictable peaks and troughs in demand for services without relying on bank and agency staff. It is therefore discretionary to management and may not be suitable for many posts / departments. 7.3 How do Annualised Hours work? Hours worked are monitored on a quarterly basis by you and your manager. Any hours worked in excess of the contracted hours can be bought back, or can be carried over to the next quarter, with agreement from your manager. If you owe hours at the end of a quarter they are carried forward to the next quarter. Ideally a set number of hours per week/month should be fixed Hours worked should be recorded on a timesheet and regularly monitored by your manager to ensure that the contract is fulfilled. 14

15 7.3.3 Annual leave should be calculated in hours. The number of week s entitlement should be multiplied by the contracted hours per week If you are absent due to sickness (up to one month) the number of hours recorded as sickness will be whatever you have been requested to work that week. If you are absent on sickness (more than one month) or take annual leave, the number of hours recorded will be the average weekly contracted hours for the job, i.e. 1/52 of the annualised hours Reporting arrangements in relation to authorised absence including sickness apply throughout the year At the end of the final quarter any deficit in contracted hours must be paid back. 7.4 How do I apply to work Annualised Hours? Please refer to the procedure notes in Section B point HOME WORKING 8.1 Home working is not automatically permitted for CCG staff. The CCG has a responsibility to ensure that the office is sufficiently staffed to maintain core business duties. If you need to work from home this should be discussed and agreed with your Line Manager and is strictly on a discretionary basis. 15

16 SECTION C EMPLOYEE LEAVE POLICIES AND PROCEDURES 1 DEFINITIONS AND SUMMARY OF EMPLOYEE LEAVE POLICIES AND PROCEDURE AVAILABLE Title Maternity and Adoption Leave Maternity Support Brief definition Paid and unpaid time off to have a baby or adopt a child with the right to return to the same job or a job of a similar grade. Please see associated policies for further details. Paid time off for a father/partner to be at the birth of a child and time off following the birth or adoption of a child. Parental Leave Shared Parental leave Emergency Leave Compassionate Leave Short Term Unpaid Leave Employment Break Other Leave Situations Study Leave/ Sabbatical Leave Annual/ Sickness Leave/Maternity/ Adoption Unpaid absence (up to 4 wks in any one year, up to a max of 18 wks for any one child) that can be used by either parent to spend time with a child up to the age of 18 SPL is the statutory right for you, if eligible, to choose how to share the care of your child during the first year of birth or adoption. Please see associated policy for further details. Short Term paid leave to deal with a domestic crisis or emergency (for example, fire, storm damage, burglary) or to cope with sudden and unanticipated problems relating to dependants. (For example, a breakdown of normal care arrangements, or illness of dependants). Sudden and unanticipated usually means with less than 24hours notice. Paid leave to cope with a bereavement, terminal illness, sudden illness or injury of a close relative or dependant. Also arrangements for attending funerals of close relatives. May be granted for various reasons such as: period of study not covered by paid study leave, to extend compassionate leave arrangements, to travel/work abroad, voluntary work, other unusual circumstances. Long term (>3 mths) unpaid leave with the right to return to work with the CCG. Can be used for various reasons such as: study, travel, to care for dependant relatives, to do voluntary work, to provide childcare [own family]. Guidance on time off for: Medical/dental Appointments; Civic & Public Duties; Award Ceremonies Please refer to the Training & Development Policies and/or contact your manager. Please refer to associated policies and your contract of employment for your entitlements &/or contact your Manager. 16

17 2 APPLYING FOR LEAVE 2.1 How do I apply to take leave? You should consider which leave arrangement is suitable for your situation (see chart on previous page and/or Annual Leave policies and procedures) Discuss your situation with your manager if you can. Many of the policies are ultimately discretionary to your manager and therefore it is worth discussing your need for leave at the earliest opportunity Check your eligibility for leave. All the policies and procedures clearly identify who is eligible for what Ensure that you are aware how taking leave may affect your terms and conditions of employment, if at all. All the policies and procedures clearly outline how your terms and conditions may be affected by taking such leave Follow the specific application details for each policy. This normally involves completing an application form for leave (see Appendix 1), attaching any relevant documentation and forwarding to your manager for approval. However please be aware of certain notice periods required for different types of leave. 2.2 How will my manager deal with my application? Depending on the nature of your request your manager will discuss your situation with you. In cases where a certain amount of flexibility exists such as parental leave and employment breaks your request will be considered in light of your own needs, balanced with the needs of the service. In other cases such as emergency situations your manager will find it helpful to discuss your situation with you so that he/she can manage your absence and offer any support if applicable The application form will be used which your manager is required to sign and state if authorised, or to state the reasons if a request is refused. This form will be returned to you and a copy for your personal file Your manager will record the nature of your absence on the payroll returns as well as maintaining a departmental absence record (see Appendix 2 for an example monitoring form). 2.3 What do I do in an emergency? It is acknowledged that it is not always possible to request leave in advance as often it is required to deal with unforeseen, emergency situations In such cases you should always contact your manager as soon as you can to make them aware of your situation. Your manager should then be able to sanction a short-term absence and advise what sort of leave is appropriate to your circumstance. If this is not possible you may be allowed the time off 17

18 but the confirmation of the type of leave to be taken may be confirmed at the next suitable opportunity once your manager has had time to consider your request It should be noted that approval to take time off in an emergency situation should not be automatically considered as approval for paid leave If your absence has longer-term implications you should arrange to meet with your manager as soon as possible to discuss the situation further. 2.4 What if I need to make frequent use of the Employee Leave Policies & Procedures? If you need to make frequent or repeated use of the employee leave provisions over a 12 month period your manager will review this with you. Initially this is likely to be in the form of an informal discussion with your manager. It may be that alternative support can be offered - for example if you are frequently requesting to use the Emergency Leave Policy because you are caring for a sick relative it may be more appropriate to reduce your hours for a temporary basis to help you accommodate your responsibilities outside of work Depending on the circumstances this review may then need to take a more formal nature involving your representative if you wish, on advice from the Human Resources Department. 3 MATERNITY SUPPORT (PARTERNITY OR PARTNER) LEAVE POLICY AND PROCEDURE 3.1 What is Maternity Support leave? Maternity Support [Paternity or Partner] Leave is paid time off to deal with the responsibilities associated with the birth or adoption of a child, this included reasonable paid time off to attend ante-natal appointments. This applies to biological and adoptive fathers, nominated carers, and same sex partners, to be present at the birth of a child, to have time off when the mother and baby are at home, or to have time off following the new placement of a child for adoption. Maternity Support leave also includes paid leave to attend antenatal classes. 3.2 Am I eligible for Maternity Support Pay/Leave? If you have 12 months continuous service with one or more NHS employers at the beginning of the week in which the baby is due, you will be entitled to two weeks Occupational Maternity Support pay [OMSP] and leave. Full pay will be calculated on the basis of the average weekly earnings rules used for calculating occupational maternity pay entitlements and you will receive full pay less any Statutory Paternity Pay [SPP] receivable. In the case of adoption you should have 12 months continuous service with one or more NHS employers ending in the week in which you are being notified of being matched with a child for adoption. 18

19 3.2.2 If you have worked for the CCG for at least 26 weeks by the 15 th week before the baby is due, but do not have 12 months service with one or more NHS employer, you may still be entitled to two week s Statutory Paternity Pay and leave subject to the qualifying conditions. The rate of SPP is the same as for statutory maternity pay (SMP). In the case of adoption you should have worked for the Trust for at least 26 weeks leading into the week in which you are formally notified of being matched with a child If you do not qualify for OMSP or SPP but wish to take leave to be at the birth of your partner s baby or when a child is placed for adoption then you can request annual leave or unpaid maternity support leave. 3.3 How much Maternity Support Leave can I take? You are entitled to take up to 2 working weeks This doesn t have to be taken in a single block but can be staggered. It does however have to be taken within 56 days of the actual date of birth of your child or within 56 days of your child s placement for adoption In addition you are entitled to reasonable paid time off to attend antenatal classes In the case of multiple births, or if more than one child is placed for adoption at any one time, only one period of paternity leave is available Additional periods of unpaid leave may be considered at the discretion of your manager, or the Parental Leave provisions can be exercised. 3.4 How will Maternity Support Leave affect my pay and contract? You will be paid at full pay or at the same flat rate as Statutory Maternity Pay SMP) whichever is the higher Being absent on Maternity Support leave will not affect your existing contract in any way. 3.5 How do I apply to take Maternity Support Leave? Using the application form attached (Appendix 1), you should inform your manager in writing of the date leave is likely to commence this form should be submitted at least 28 days before you want leave to start. You should also attach to this, your SC3 Form - Becoming a Parent It is however understood that the date you want leave to start may only be an estimated date and in fact leave may need to be taken at any time around this date In the case of adoption you should notify your manager in writing at the time of approval for adoption and as much notice as possible should be given, using the application form attached, when requesting the actual leave. 19

20 3.5.4 If you wish to attend antenatal classes with your partner, then you must request time off in advance, giving as much notice as possible and provide evidence that an appointment has been made. 3.6 Other points to note about Maternity Support Leave Still Births/Miscarriages If a stillbirth or miscarriage occurs after the 24 th week before the expected week of childbirth then the paternity leave entitlements will still apply. 4 PARENTAL LEAVE POLICY AND PROCEDURE 4.1 What is Parental Leave? Parental leave is a period of unpaid absence that can be used by either parent (natural or adoptive) to care for a child This is a statutory entitlement, introduced in 1999 under the Maternity and Parental Leave Regulations and aims to allow employees spend more time with their children and to strike a better balance between work and family commitments. It applies equally to both men and women and you do not have to be living with the child to benefit from parental leave Parental leave can only be used to care for a child and may include time off to settle a child in to nursery or school, accompanying a child during a planned stay in hospital or just spending more time with a child in their early years It is not designed to be used for family emergencies that require leave to be taken immediately please refer to the Emergency Leave section for such cases. 4.2 Am I eligible for Parental Leave? You will be eligible to take parental leave if you have 12 months continuous service with the NHS (continuity of employment rules are detailed in the Maternity Leave Policy) and nominated caring responsibility for a child under the age of How much Parental Leave can I take? You are entitled to 18 weeks unpaid leave per child until their 18th birthday Leave increases proportionately for multiple births although is not transferable between children This leave should ideally be taken in blocks of one week up to a maximum of 4 weeks for an individual child in any one year (a year is the period of 12 months starting with the date you first became entitled to parental leave). 20

21 4.3.4 However, your manager does have discretion to allow single days to be taken at a time or for periods of longer than a week to be taken. If your child is disabled single days must be granted if required If you are part time the leave is pro rata in equivalent whole weeks, i.e. if you work 2 days per week you would be eligible for a total of 18 weeks which amounts to 36 days, whereas if you were full time you would still have 18 weeks but which equates to 90 days. Parental leave can be added to periods of paternity, maternity or adoption leave. 4.4 How will Parental Leave affect my pay and contract? Parental leave is unpaid and therefore you will not receive any pay for the period of time off However you will remain on your existing terms and conditions of employment and the following will therefore continue to apply: contractual notice redundancy terms disciplinary and grievance procedures paid annual leave [but not Bank Holidays] You are entitled to return to your same job, on the same terms and conditions and your service will be regarded as continuous If you are a member of the NHS Pensions Scheme you will be required to maintain your pension contributions during the period of unpaid Parental Leave. Contributions due during the period will be deferred until you return to work. For further information about this please contact your Pensions Officer. 4.5 How do I apply to take Parental Leave? You should discuss your intention to take parental leave at the earliest opportunity with your line manager You must give at least 21 days written notice of your wish to take parental leave. To do this you need to fill in the attached application form and enclose: a copy of your child s birth or adoption certificate Unless such leave immediately follows a period of Paternity, Maternity or Adoption Leave, your manager does have discretion to postpone Parental Leave in exceptional circumstances and must give you written reasons for doing so. Reasons for postponement could include your request coinciding with a particularly busy period or where a number of staff already have annual leave booked at the time you want leave Leave can be deferred for up to 6 months although every effort should be made by your manager to offer the earliest dates available. If your request is 21

22 deferred your manager will write to you within 7 days stating the reasons for the deferment and offering alternative dates when the leave can be taken A copy of all such correspondence should be sent to your Human Resources Department to be retained on your personal file If you are faced with an immediate problem because Parental Leave has been deferred please discuss this with your manager and Human Resources Department. 4.6 Other points to note about Parental Leave Cancelling leave If you wish to cancel parental leave once it is booked you must discuss this at the earliest opportunity with your manager and put your reasons for the cancellation in writing. If a cancellation results in a cost to the organisation, i.e. because alternative staffing arrangements have been made, then your manager may reasonably refuse this cancellation Changing Employer If you change employer you must declare any parental leave that you have taken with your previous employer(s). Parental Leave can be carried across from one employer to another, subject to the maximum entitlements Abuse of leave Use of the parental leave provisions for any purpose other than to care for your own child e.g. to undertake other work or study will be investigated and can result in Disciplinary sanctions up to and including dismissal. 5 EMERGENCY LEAVE POLICY AND PROCEDURE (This leave incorporates Domestic/Carer Leave which is a statutory requirement) 5.1 What is Emergency Leave? Emergency Leave is paid time off to deal with sudden and urgent unanticipated problems such as dealing with a domestic crisis or emergency at home or needing to care for dependants if they are ill or when normal care arrangements breakdown. This can also apply to situations such as educational problems, i.e. where the member of staff is responsible for a school age child and is required to liaise with the school. It usually only applies if a situation arises in which a member of staff has less than 24 hours to make other arrangements Dependant refers to your partner, child or parent or someone who lives with you as part of your family. Or it can be someone who relies on you for assistance in a particular emergency. 22

23 5.1.3 For domestic needs that can be reasonably planned in advance you are expected to request annual leave, unpaid leave or request to work your hours flexibly on a temporary basis to make up time. Such requests will only be approved subject to service requirements. 5.2 Am I eligible to take Emergency Leave? Yes. This provision is available for all members of staff to use if necessary regardless of length of service. 5.3 How much Emergency Leave can I take? As a guide and to ensure consistency, depending on the reason, up to 2 days paid leave may be taken at any one time. Unpaid leave of up to 5 days may be granted by your manager if paid leave has been exhausted No more than 5 days paid and 5 days unpaid pro-rata should be taken in any 12 month period (beyond this limit the provisions of the Parental Leave Policy or Short Term Unpaid Leave Policy may apply) When approving paid and unpaid emergency leave consideration will be given to the nature of the emergency and the relevant notice. Where leave of more than one day has been granted at short notice the pay element may involve both paid and unpaid leave An example of this may be a breakdown in childcare or a child is ill and cannot attend school for two days [and this is known with less than 24 hours notice]. Subject to overall limits day 1 may be paid, day 2 would be unpaid [as there was notice that alternative arrangements would be required]. 5.4 How will Emergency Leave affect my pay & contract? If you are being paid you will receive your normal rate of pay in the usual way. If receiving unpaid leave the number of days absent will be deducted from your salary accordingly. Your contract will be unaffected by taking Emergency leave. 5.5 How do I apply for Emergency Leave? By the nature of such leave, Emergency leave will normally have to be requested and granted at short notice. You should contact your manager at the earliest opportunity to make them aware of your circumstances. There is no guarantee that emergency leave will be approved as is subject to managerial discretion You will be asked to sign the attached application form (Appendix 1) on your return to work. 6 COMPASSIONATE LEAVE POLICY AND PROCEDURE 6.1 What is Compassionate Leave? 23

24 6.1.1 Compassionate Leave is paid time off available to staff to cope with a bereavement or terminal illness. 6.2 Am I eligible to Compassionate Leave? Yes. This provision is available to all staff employed by the Trust regardless of length of service. 6.3 How much Compassionate Leave can I take? The time allowed can range from just a few hours off or up to 2 working weeks leave in exceptional circumstances. It is unlikely that more than 2 working weeks would be allowed in any 12 month period Granting Compassionate Leave is at managerial discretion. The examples below are intended to help allow managers to make informed decisions regarding the approval of compassionate leave: 1 days paid leave to attend the funeral of a close relative Up to 1 working week upon the death of a partner or dependant A further 2 days leave if you are responsible for the funeral arrangements or other activities related to the death of a close relative Up to 2 days paid leave if it is necessary to travel a considerable distance or abroad, or where travelling is unusually difficult, to attend a funeral Up to 1 working week in circumstances where a partner, dependant or close relative has a terminal illness. You may also take up to three months unpaid leave, which may be taken in a block or as separate days depending on your needs and the needs of the service 6.4 How does Compassionate Leave affect my pay & contract? You will receive your normal rate of pay in the usual way Your contract will be unaffected by taking Compassionate Leave. 6.5 How do I apply for Compassionate Leave? You should discuss with your manager the need to take Compassionate Leave at the earliest opportunity. Your manager will ask you to sign the application form in Appendix 1 either before taking leave, or on your return to work if more appropriate. 24

25 7 SHORT TERM UNPAID LEAVE 7.1 What is Short-Term Unpaid Leave? Short-Term unpaid leave may be granted for a variety of reasons such as: a) a period of study not covered by paid study leave b) to visit relatives or travel/work abroad (please note that if you wish to take up paid employment during unpaid leave, this must be agreed in advance with the CCG). c) family illness or domestic problems extending beyond the provisions of the Emergency Leave policy and procedure d) compassionate leave extending beyond the provisions of the Compassionate Leave policy and procedure e) voluntary work Unpaid leave should only be taken when no other policy exists which is more relevant to the circumstances The advice of your Human Resources Department should always be sought in the application of unpaid leave. 7.2 Am I eligible for Short-Term Unpaid Leave? Short-term unpaid leave is discretionary to your manager and depending on the circumstances may be granted to you irrespective of length of service If you have outstanding unplanned annual leave this should be used before taking unpaid leave. 7.3 How much Short-Term Unpaid Leave can I take? Short-term unpaid leave is defined as up to 3 months in any 12 month period. For breaks exceeding 3 months please refer to the Employment Break Policy. 7.4 How will Short-Term Unpaid Leave affect my pay and contract? Unpaid leave will not count as a break in continuous service Unpaid leave in excess of one month will not count as reckonable service as defined in your contract of employment for purposes of annual leave, Bank Holidays, sick leave, entitlement to redundancy pay or incremental credit You have the right to return to your existing job, on no less favourable terms and conditions If you are a member of the NHS Pension Scheme contributions will normally be expected to continue during unpaid leave which may result in payment of contributions in arrears. Any queries about this should be discussed with your Pensions Officer. 25

26 7.4.5 Periods of unpaid leave may affect your entitlement to State Benefits (e.g. statutory maternity pay, unemployment benefits, state pensions) and therefore you are advised to make enquiries with your local Benefits Office. 7.5 How do I apply to take Short-Term Unpaid Leave? You should use the attached application form (Appendix 1). However it is recognised that it is not always possible to give written notice of the need to take unpaid leave but you should always discuss your situation with your line manager at the earliest opportunity, and complete the appropriate documentation at the earliest opportunity Your immediate line manager may approve unpaid leave of up to 5 days Applications for unpaid leave in excess of 5 days and up to 1 month should be directed to your line manager and approved in discussion with the relevant senior manager Except in exceptional circumstances, applications for unpaid leave in excess of 1 month must be made in writing at least 1 month before the first day of the leave period requested. Applications need to be approved by the Senior Manager/Director who will consider the request in light of the needs of the service and the individual 8 EMPLOYMENT BREAK POLICY AND PROCEDURE 8.1 What is an Employment Break? An employment break is an extended period of unpaid leave from the CCG with a guarantee of returning to employment with the CCG. It ensures that staff do not lose their place within their career and the CCG does not lose trained and skilled staff An employment break may be taken for a variety of reasons such as: to care for dependants to study to do voluntary work to travel (this list is not exhaustive and there may be other reasons for an employment break) People 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 employer would be necessary. 8.2 Am I eligible for an Employment Break? You should have at least one years continuous service with the CCG to be considered for an employment break. Continuous service includes service 26