Policies, Procedures, Guidelines

Transcription

1 Policies, Procedures, Guidelines Document Details Title Employment Break Scheme Policy Trust Ref No Local Ref (optional) Main points the document This policy sets out the eligibility criteria and the process to covers follow when an employee wishes to apply for an employment break Who is the document All staff aimed at? Owner Tracey Neal, Senior HR Advisor Who has been consulted Managers, JNP, HR & Workforce Group in the development of this policy? Approved by HR & Workforce (Committee/Director) Approval Date 17 th March 2017 Initial Equality Impact Yes Screening Full Equality Impact No Assessment Lead Director Director of Corporate Affairs Category Workforce Sub Category Human Resources Review date 17 th March 2020 Who the policy will be distributed to Method Keywords All staff Available to all staff via Trust website and Datix Alert Required by CQC No Other None Amendments History No Date Amendment 1 February 2017 Policy reviewed in line with Agenda for Change terms and conditions (Section 36 Employment Break Scheme). Clarification added around manager and employee responsibilities (sections 5.1 and 5.2). Inclusion of new paragraph 6.2 regarding process when application received by manager. Inclusion of hyperlink to NHS Pensions under section 12. Inclusion of new paragraph 13.1 regarding policy based on national framework. Minor revisions made to formatting and numbering.

2 Contents 1 Introduction Purpose Scope and Eligibility Duration of Employment Break Roles and Responsibilities Applying for an Employment Break Employment Break Conditions Provisions of the Scheme Returning after an Employment Break Failure to Return to Work Appeals Associated Documents Advice Monitoring and Review... 9 Appendix A Flowchart Overview of Employment Break Scheme Appendix B Application Form for Employment Break Scheme Appendix C Guidance on ad-hoc requests to undertake voluntary work.. 14 Page 2 of 14

3 1 Introduction 1.1 We are committed to providing staff with access to leave arrangements which support them in balancing work responsibilities with personal commitments. This policy is to support the managing of relationships between employers and employees during periods when people want to take a break from their working lives. This policy is one of a series of policies that make up our approach to help staff balance work and home life. 1.2 The scheme, where applicable, should provide for people to take a longer period (unpaid) away from work than that provided for by parental leave and other leave arrangements. 1.3 This scheme has been derived from the following documents: Agenda for Change: NHS Terms and Conditions of Service Handbook NHS Hospital Medical and Dental Staff Terms and Conditions of Service Salaried Primary Dental Care Services Terms and Conditions of Service Terms and Conditions of Service for Associate Specialists Terms and conditions of Service for Consultants Terms and Conditions of Service for Specialty Doctors 1.4 A flowchart detailing an overview of the process can be found in Appendix A. 2 Purpose 2.1 This policy sets out the arrangements within the Trust to enable all direct employees to request an employment break. It does not provide an automatic right for employees to take an employment break but will ensure serious consideration is given to any request. 3 Scope and Eligibility 3.1 The purpose of an employment break scheme is to retain the valuable skills and experience of people to ensure the provision of high quality healthcare. The scheme will encourage return and make re-entry to work easier and more productive. 3.2 This policy applies to all staff employed by the Trust if they have a minimum of twelve months continuous service with the Trust. The period of the break will be unpaid. 3.3 The main reasons for which employment breaks can be used include childcare, eldercare, care for another dependant, training/research, study leave or work abroad. Any other reasons will be considered on their individual merits by the line manager in consultation with Human Resources. 3.4 Employees on an employment break will not normally be allowed to take paid employment with another employer except where, for example, work Page 3 of 14

4 overseas or charitable work could broaden experience. In such circumstances written authority from the Trust will be necessary. 4 Duration of Employment Break 4.1 The duration of a single employment break would normally be up to one year but in exceptional circumstances may be up to a maximum of five years. The period of the break will be unpaid. 4.2 The minimum length of the break will be three months. 4.3 The length of any break should balance the needs of the employee with the needs of the service. 4.4 If the employee wishes to request an extension of the agreed length of the employment break they must write to their Line Manager requesting this as soon is reasonably practicable or within three months prior to their original return date. 4.5 If the employee wishes to request a reduction of the agreed length of the employment break they must write to their Line Manager requesting this as soon is reasonably practicable or at least three months prior to their new intended return date. 4.6 In circumstances where situations arise unexpectedly, the notice period may be reduced by agreement with the Line Manager. 5 Roles and Responsibilities 5.1 Line Managers will be responsible for: Giving full and reasonable consideration to employee requests to take an employment break. Liaising with pensions where appropriate prior to agreeing to employment break to request a schedule of pension payments due from the Trust (see section 7.8.4). Where agreed, updating the employee with significant developments in their department or the Trust. Inviting the employee to relevant training updates and key development meetings (see section 7.6) Page 4 of 14

5 5.2 Employees will be responsible for: Maintaining their skills/knowledge and expertise at an acceptable level in line with KSF and the requirements of their professional body. Maintaining professional registration where this is required for their role. Maintaining contact with their Line Manager and notifying them of any changes in their personal circumstances. Liaising with Pensions prior to commencing an employment break to establish the effect of the proposed break on their NHS Pension Scheme benefits (see sections 7.8.1, 7.8.2, and 7.8.5) 6. Applying for an Employment Break 6.1 Employees should complete Section A of the Employment Break Scheme Application Form form (Appendix B) giving at least three months notice of the commencement of the break and pass it to their Line Manager for consideration. 6.2 Following receipt of an employment break application form the line manager must write to individual to confirm receipt within 7 days, and arrange to meet individual within 28 days to discuss application. 6.3 Where an employment break has been approved in principle, the employment break should commence within three months of the approval otherwise the right to take the break may lapse. 6.4 An employee can request to take an employment break immediately following Maternity/Adoption Leave; however they must return to work at the end of the employment break for a period of at least 3 months in order to retain their entitlement to Occupational Maternity Pay (OMP), or Occupational Adoption Pay (OAP). 6.5 Should the employee not return to work for a period of three months, they will be liable to refund the whole of the OMP or OAP, less any Statutory Maternity or Adoption Pay received. In cases where the employee considers that to enforce this provision would cause undue hardship or distress the employer will have the discretion to consider waiving the rights to recovery, following discussions with Human Resources. Page 5 of 14

6 7 Employment Break Conditions Provisions of the Scheme 7.1 Periods of paid employment during the break with the Trust or another NHS Trust where this was part of the employment break agreement, will count as reckonable service. 7.2 The period of the employment break (unpaid) should count towards continuous employment for statutory purposes. Other provisions depending upon length of service, i.e. contractual redundancy payments, leave entitlement etc, should be suspended for the period of the break. The individual s incremental date will remain unchanged. 7.3 Any other employee benefits/remuneration which the individual received during their employment will not continue throughout the duration of the employment break, unless specifically agreed before commencing the break and conform to prevailing contractual terms and conditions of service. 7.4 The Line Manager and employee must keep in contact and advise each other of any changes in circumstances. If the agreement is for longer than a year it should be formally confirmed each year. 7.5 Professional staff must retain their professional registration during the break and keep updated by Post Registration Experience and Professional Practice and other recognised means. 7.6 The individual and Line Manager will sign an agreement in advance detailing, wherever possible, any paid work to be undertaken in the Trust by the employee and any training courses or conferences to be attended during the break (Appendix B, Part 4). 7.7 The employee s post will be temporarily filled by employment on a fixed term or temporary contract or covered by other appropriate means. These options should be discussed with Human Resources and the recruitment process followed. 7.8 NHS Pension Scheme Applicants who are members of the NHS Pension Scheme may request as part of the employment break application process to continue to make employee contributions to the NHS pension scheme whilst taking an unpaid employment break Employees are advised to liaise with the Trust s Pensions Manager before commencing an employment break to establish the effect of the proposed break on their NHS Pension Scheme benefits. Pensions will advise employees that if they take a non-pensionable break their death in service benefits will be significantly reduced during the period of the employment break. Page 6 of 14

7 7.8.3 Any employee wishing to continue to make payments into the NHS Employment Pension Scheme during an employment break must advise their Line Manager as part of their application (Appendix B, Part 3) Line Managers are advised to liaise with the Trust s Pensions Manager prior to agreeing a pensionable employment break and to request a schedule of pension payments that would be due from the Trust and the individual before a final decision is given to the applicant. Where pensionable employment breaks are approved by the line manager employer contributions will be paid in accordance with NHS Pension Scheme regulations up to a maximum of 6 months The applicant should be aware that they will be responsible for both the employee and employer contributions for the remainder of the employment break (up to a maximum contribution period of 18 months), and that they would be required to set up a standing order for the required amounts before the break commences to be paid on a monthly basis on 15 th of each month of the break. Any late payments would result in the pension record being closed as no arrears are allowed to accrue. 8 Returning after an Employment Break 8.1 The employee should give their Line Manager the following notice of when they wish to return to work otherwise they may forfeit the right to return. 2 months if the agreed break is of one year or less 6 months notice if the agreed break is more than a year 8.2 If the employee returns to work within one year, the same job will be available, as far as is reasonably practicable and subject to any organisational changes, provided all other conditions, as per 8.1, have been met. Any organisational changes will be communicated to the employee by the Line Manager with Human Resources involvement. 8.3 If the break is longer than one year, the employee may return to as similar a job as possible, as far as is reasonably practicable and subject to any organisational changes, provided all other conditions, as per 8.1, have been met. Any organisational changes will be communicated to the employee by the Line Manager with Human Resources involvement. There is no guarantee that a suitable job will be available. 8.4 An employment break may be extended to enable the identification of a suitable post. Such an extension will be no longer than 6 months in duration, but in any event must not exceed the 5 year maximum allowed for an employment break. 8.5 All employees will be subject to medical clearance via Occupational Health prior to their return. Page 7 of 14

8 8.6 References and/or Disclosure and Barring Service checks may also be required at management discretion. 8.7 The procedure for the return to work following a break of longer than one year will be as follows: On receipt of notice of intention to return the Line Manager will confirm the return arrangements. Where the agreed break was for more than one year, the Line Manager and employee will discuss the current vacancy situation and together identify vacant posts or other work options mentioned above to facilitate the return; where appropriate, arrangements will be made for the employee to receive the Trust s weekly Vacancy Bulletin. Where no such vacancy arises for which the individual may be considered the conditions relating to the employment break may continue for a further period by mutual agreement of the Line Manager and the individual, subject to break not exceeding the maximum of 5 years allowed. If an employee chooses not to accept a reasonable job offer and thereby not return to work under this Scheme their employment will be deemed to have terminated on the last day of the agreed employment break. 8.8 Irrespective of the length of the employment break, arrangements should be made, upon return, for the employee to receive a re-induction to work and refresher training where appropriate such as Information Governance. 9 Failure to Return to Work 9.1 Employees who do not return on the agreed date without prior agreement will lose the right to return to work and will be deemed to have terminated their employment on the last day of the agreed employment break. 10 Appeals 10.1 Employees are entitled to a written reason for the refusal of any application or a refusal for an extension/reduction in an employment break from their Line Manager Employees have the right to appeal against any decision to refuse their request for an employment break using the Trust s Grievance and Concerns Policy within 14 days of receipt of their confirmation letter, clearly setting out the reasons why they consider the decision to be unfair. Page 8 of 14

9 11 Associated Documents The following documents can be found in the policies and procedures section of the Website and should be referred to for related information: 12 Advice Equality & Diversity (Everyone Counts) Policy Grievances & Concerns Policy Maternity, Paternity and Adoption Policy Special Leave (Time Off) Arrangements Policy Professional Registration Policy & Procedure Recruitment & Selection (Safer Recruitment) Policy Further information can be found in the NHS terms and conditions of service handbook and pay circulars: andbook_fb.pdf Further information relating to the NHS Pension Scheme can be found in career break factsheets: 2_ pdf 13 Monitoring and Review 13.1 This policy is based on the national framework agreed at national level All records of applications and decisions should be kept for a minimum of twelve months on the individual s personal file The rules and operation of this procedure will be periodically reviewed (at least every 3 years) in light of any developments in employment legislation or employee relations practice and, if necessary, revised in order to ensure their continuing relevance and effectiveness. Any amendments will be introduced only after consultation with staff-side representatives The Human Resources team will monitor compliance with this policy by means of monitoring appeals through the Grievances and Concerns policy. Page 9 of 14

10 Appendix A Flowchart Overview of Employment Break Scheme Employee completes application for Employment Break and sends to Line Manager (Appendix B, Section A) Line Manager confirms receipt of application form within 7 days and arranges to meet with employee to discuss application within 28 days Line Manager discusses application with employee If NHS pension implications Line Manager to contact Pensions prior to approval to ascertain costs to the Trust. Line Manager completes Section B of application form Line Manager advises individual of decision of request for Employment Break in writing Application accepted Application rejected individual advised in writing of reasons for refusal and right of appeal Manager sends copy of the completed application form to HR for monitoring purposes Employee commences Employment Break Employee may appeal in writing to the appropriate Manager within 14 days Manager notifies ESR Team and Pay Services of Employment Break by way of the ESR Commencement of Leave form and a copy of completed application form Appeal hearing held Application Refused Page 10 of 14

11 Appendix B Application Form for Employment Break Scheme Please discuss your request to take an Employment Break informally with your Line Manager before completing Section A of the form in block capitals. Return the completed form to your Line Manager who will check the form and complete Section B. On behalf of the Trust you have jointly agreed an undertaking to fulfil the conditions laid down in the Trust s Employment Break Policy. SECTION A TO BE COMPLETED BY THE EMPLOYEE Part 1 Personal Details First Name: Surname: Employee No: Commencement Date with Trust: Department: Job Title: Hours per week: Employment Status: Permanent/Fixed term to / / (date) Band/Grade: Home telephone No: Home Address: Part 2 Employment Break dates requested I wish to request an Employment Break: Purpose of Break: (Please provide as much information as possible to support your application, using an additional sheet if necessary). Proposed Commencement of Employment Break.. Proposed Date of Return Page 11 of 14

12 Part 3 NHS Pension Contributions I am a member of the NHS Pension Scheme and wish to continue to make employee contributions to the scheme during my Employment Break. I have liaised with the Trust s pension advisor and request that the Trust makes employers contributions (up to a maximum of 6 months) in accordance with the NHS pension Regulations: YES NO Not Applicable (delete as appropriate) I understand that prior to my leave commencing it is my responsibility to make provisions with the payroll department for the employee contribution payments, and the employer contributions after the initial six month period, to be maintained during my unpaid employment break. I accept that should I fail to maintain payment of the agreed contributions this will affect my pension provisions. Part 4 Employment Break Conditions I agree: (delete as appropriate)* Not to work for another organisation during the period of the Employment Break* To give the Trust the required notice of my intention to return to work. That if I decide not to return I will write to my Manager giving normal contractual notice. If I leave the Trust before completion of any development opportunities that have been funded by the Trust (except if my contract is terminated by the Trust for reasons other than on the grounds of dismissal for misconduct), I undertake to repay in full the proportion of fees contributed by the Trust. This may be waived by the Trust if I move to another agency deemed acceptable e.g. another NHS employer.* That if I leave the Trust within a 2 year period following the completion of any development funded by the Trust (except if my contract is terminated by the Trust for reasons other than on the grounds of dismissal for misconduct), I will undertake to repay: 1/24 of the Trust s contribution for each month remaining of the 2 year period. This may be waived by the Trust If I move to another agency deemed acceptable by the Trust e.g. another NHS employer.* In the event of a repayment being required for any developmental opportunities as outlined above, I undertake to make such a repayment on receipt of an invoice from the Trust or agree to it by means of a deduction from my final salary, in which case I will be informed by my manager of the amount prior to the deduction being made.* To repay any OMP or OAP subject to 6.4 in the policy if I do not return to work* I understand: There is no guarantee that the post to which I return will be exactly the same as that in which I am currently employed (Section 7 of the policy refers). I am required to return to work for a minimum period equal to the length of my Employment Break. Other conditions to be agreed with manager (detail): Part 5 Employee Declaration I have received and read a copy of the Employment Break policy and confirm my agreement to all sections of the policy and the above conditions. Signed: Date: Page 12 of 14

13 SECTION B TO BE COMPLETED BY THE MANAGER I confirm I have discussed with the above individual their request to take an Employment Break. They meet the requirements set out in the Employment Break scheme. I understand all of the employment break conditions (including any NHS Pension Employer Contributions): It is my decision to: Support this application OR Not to support this application for the following reasons: The Employment Break will begin on: / / and end on: / / (if known) This is expected to last for years months. Reasons(s) for Employment Break - complete only if needed to supplement the employee s rationale above. I have read the Employment Break policy and my commitments to the employee. I will also maintain contact and keep applicant informed of any developments, staff meetings etc. Name (Print): Signed: Job Title: Date: Line Manager Action: Please retain a copy of the signed Application for Employment Break form and the ESR Commencement of Leave form on the individual s file and send the originals to the ESR team. IF AN APPLICATION IS DECLINED PLEASE SEND A COPY OF THIS FORM TO THE HR TEAM FOR MONITORING PURPOSES. Page 13 of 14

14 Appendix C Guidance on ad-hoc requests to undertake voluntary work The Trust has a policy of encouraging staff development and training at every level. This guidance explains the Trust s approach to releasing staff for voluntary work (for less than three months) other than that described in this policy and Time off Arrangements. 1. Line Managers need to consider the length of time and frequency for which the employee will be required to be away from work and the needs of the service they cover i.e. how will the duties of the post be covered in the employee s absence. If the Line Manager finds at that time they are unable to release the employee due to service needs, then this must be confirmed to the employee in writing and the request reconsidered at a later date. 2. Line Managers may wish to consider the option of granting unpaid leave or agreeing to the employee taking part of their annual leave entitlement. 3. If the Line Manager agrees to release the employee, written confirmation from the voluntary service must be obtained, detailing the length of time and frequency for which they will be required to be away from work. 4. The Line Manager should outline the arrangement in writing detailing the conditions of the agreement. 5. Depending on service need the Line Manager may wish to review the arrangements after a set period and end the agreement or reduce the time away from work. The review date should be confirmed in the agreement. Notes: There is no automatic right to time off to undertake voluntary work. Any requests for time off work will be considered in accordance with service needs. Such absences will be unpaid. It should be noted that this agreement is not contractual but is an agreement based on expectation between the individual and the Trust. Further advice can be obtained from Human Resources. Page 14 of 14