Discretionary Time Off Procedure

Transcription

1 Discretionary Time Off Procedure

2 Table of Contents SECTION 1 VERSION CONTROL SECTION 2 BACKGROUND SECTION 3 AIMS / OBJECTIVES SECTION 4 DETAILS 4.1 Requests For And Recording Time Off 4.2 Compassionate Leave 4.3 Bereavement 4.4 Dependents (General) 4.5 Dependents (long-term/terminal illness) 4.6 Urgent Domestic Business 4.7 Personal Health and Welfare 4.8 In Vitro Fertilisation (IVF) Treatment 4.9 Adoption Leave 4.10 Maternity Leave 4.11 Paternity Leave 4.12 Parental Leave 4.13 Relocation Leave 4.14 Redundancy Police Staff only 4.15 Annual Leave 4.16 Leave to Carry Out Public Duties 4.17 School Governors 4.18 Other Public Duties 4.19 Jury Service 4.20 Attendance as a witness Police Staff 4.21 Volunteer Reservists (VR) 4.22 Special Constables Police Staff Only 4.23 Trade Union / Staff Associations / Support Network Duties and Training Trade Union Police Staff only Support Networks 4.24 Study Leave 4.25 Extended Leave 4.26 Planned Extended Leave 4.27 Emergency Extended Leave 4.28 Career Breaks 4.29 Leave for Religious Festivals 4.30 Leave to carry out Charity Work 4.31 Leave for Other Purposes as an Extension to the Above Terms 4.32 Adverse Weather Conditions 4.33 Appeal Process 4.34 Monitoring and Recording SECTION 5 LEGISLATIVE COMPLIANCE APPENDIX 1 Summary of Discretionary Leave Entitlement APPENDIX 2 Application Form

3 SECTION 2 BACKGROUND The Office of the Nottinghamshire Police and Crime Commissioner recognises the importance of enabling its staff to achieve a balance between work and home. This procedure is one of a series of procedures and initiatives, which constitute the Office of the Nottinghamshire Police and Crime Commissioner s Work Life Balance Programme. SECTION 3 AIMS / OBJECTIVES Nottinghamshire Police and Crime Commission recognises that unforeseen or extraordinary circumstances can occur which cannot always be planned for and therefore lead to members of staff unavoidably requiring time off to balance work and personal responsibilities. As well as unforeseen circumstances there are other occasions where discretionary leave might be an option and these will be explained in this document. This document intends to give guidance to the amount of time off that is appropriate in such circumstances, particularly where no statutory rights exist. Although it is not possible to provide an exhaustive list of situations, this document can be used as a guide to assist in the making of decisions when normal working arrangements cannot be maintained due to different circumstances arising. SECTION 4 DETAILS Members of staff seeking to take time off under this procedure must, wherever possible, obtain prior permission from their Line Manager, or the Police and Crime Commissioner in their absence. However it is recognised that, when faced with an emergency, this is not always practicable. HR Managers will advise and guide Line Managers on the operation of this procedure. Sufficient information (including documentary evidence if requested) about why the time off is required, will need to be provided to enable the relevant manager to make an informed decision regarding the amount of time requested and authorised. Wherever possible it would be assumed that time off via the flexi-time scheme, annual leave, Time Off In Lieu (TOIL), free or rest days will be used as opposed to discretionary paid / unpaid leave. It must be understood that discretionary leave is not an additional entitlement to time off over and above annual leave but is only to be used in genuine instances where it is not possible to make alternative arrangements. Discretionary time off for part time staff should be calculated on a pro rata basis. In an effort to maintain an efficient service to the customers of Nottinghamshire and Crime Commission, it is essential that Line Management cover the duties of absent staff to ensure there is no disruption to the service. The types of situations that may require time off include: - Compassionate Leave Annual Leave Public Duties & Voluntary Reservists Trade Union Duties and Training Support Networks Duties and Training Extended Leave Study & Examination Leave Leave for Religious Festivals Leave for Other Purposes or as an extension to the above Unpaid Leave

4 The above is not a definitive list. 4.1 REQUESTS FOR AND RECORDING TIME OFF Due to the differences in shift patterns all requests for discretionary time off will be granted based on 37 hour weeks or 7.4 hour days. All requests should be in hours and cover the actual working hours that would be needed to cover the leave i.e. if a member of staff required a weeks leave and was working 10 hour shifts they would be entitled to the equivalent of 3.7 days. All times quoted are for full time staff, requests for discretionary leave from part time staff should be granted on a pro rata basis. Requests should be made to the Line Manager, via the Request for Discretionary Time Off Form (see Appendix 1). When the time off has been authorised by the Line Manager, the member of staff should send the original request form to the Duties Manager and the relevant HR Manager. The HR Team will monitor requests for discretionary time off and any member of staff that is deemed to be requesting excessive paid discretionary leave will be subject to investigation and discipline if it is found that the leave is not essential or not used for the purposes it is intended. All discretionary time off will be recorded on NSPIS by the HR Teams using the absence page. The Employee Relations & Equalities team will dip test this data periodically to ensure that the procedure is being followed and consistent and fair time off is being granted. Annual leave is not accrued during the period of unpaid leave, therefore the calculated time will either be deducted from the annual leave entitlement for the current year, or if in the case of all annual leave entitlement being taken, deducted from the following years annual leave entitlement. If a member of staff leaves the organisation and has taken unpaid leave and has no annual leave outstanding, the amount of time owing will be recouped via payment from the final salary. 4.2 COMPASSIONATE LEAVE Compassionate leave is defined as leave requested in relation to self and / or family. It is important that those requiring this type of leave are dealt with sensitively and sympathetically. As it is inappropriate to prescribe rigid rules in many compassionate situations and this document aims at providing general guidelines. The amount of time deemed reasonable will be at the discretion of the Line Manager in consultation with the relevant HR Team. 4.2 BEREAVEMENT In the event of the death of a member of staff s spouse, partner, parent, parent-in-law, partner s parent, child, step-child, foster child or dependent relative, the member of staff will be granted up to a total of 10 days (74 hours) leave of absence with pay (inclusive of the day of the funeral) at the discretion of the Line Manager. Exceptionally, with authorisation from the Police and Crime Commissioner, this may be extended further, where special circumstances exist e.g. death of relative abroad. One day s leave of absence (7.4 hours) with pay may be granted in respect of the funeral of other relatives or close friends. Exceptionally, where special circumstances exist and with authorisation from the Police and Crime Commissioner, this may be extended further.

5 4.3 DEPENDENTS (GENERAL) Dependents are defined as a member of staff s spouse, partner, parent, parent-in-law, partner s parent, child, stepchild (living full time with the member of staff) or dependent relative. Tenants, lodgers, boarders or employees of members of staff do not constitute a dependent. In addition, a dependent also includes anyone who reasonably relies on the member of staff for assistance or care on the occasion of illness or injury. Employees can take time off during working hours in order to deal with emergencies or other situations affecting dependents provided that they inform and obtain authorisation from their Line Manager and inform their HR Manager of the reason for their absence as soon as reasonably practicable. Line Managers may authorise leave of absence with pay to members of staff for periods of up to a total of 5 days (37 hours) in any one leave year (not necessarily consecutively) to allow for a period of adjustment and for other arrangements to be made in respect of the following: - Sudden illness of a dependent To arrange for the provision of care for a dependent Where the normal care arrangements are disrupted e.g. through illness or termination of arrangements thereby making it necessary for the member of staff to care for the dependent. To deal with an incident which involves a child or dependent stepchild of the member of staff, which occurs unexpectedly during a period when an educational establishment that the child attends is normally responsible for them. Exceptionally, the time off may be extended with authorisation from the Police and Crime Commissioner. 4.4 DEPENDENTS (LONG-TERM / TERMINAL ILLNESS) Line Managers may grant up to 5 days (37 hours) paid leave in any one year for the purpose of caring for a dependent that is suffering with long-term or terminal illness. In order to support a member of staff who is dealing with such circumstances, consideration should be given to options for flexible working or to taking a career break to alleviate the issues being faced. Compassionate leave may also be considered in such circumstances. 4.6 URGENT DOMESTIC BUSINESS Line Managers may grant leave of absence with pay to members of staff for periods of up to 5 days (37 hour) for urgent domestic business to allow other arrangements to be made. Although it is impossible to set down criteria for the full range of circumstances where the granting of leave to deal with urgent domestic business may be appropriate, examples could include damage to property through burglary, flooding, fire etc. The following points should be borne in mind when dealing with how much time off to grant in particular circumstances: - The urgency of what the member of staff has to do or the degree of distress suffered by the member of staff in the circumstances.

6 The duration of the problem and the length of absence which is likely to contribute to overcoming the problem. Whether the problem can be controlled from the work place Ensuring that the service experiences minimum disruption. Exceptionally, the time off may be extended with authorisation from the Police and Crime Commissioner. 4.7 PERSONAL HEALTH AND WELFARE Members of staff are encouraged to arrange appointments in their own time. However, where it is demonstrated that it is not possible to obtain appointments outside of working hours or, through the flexi-time scheme, Line Managers may grant reasonable paid time off for reasons of personal health and welfare. Reasonable time off may also be granted to a member of staff who needs to accompany a dependent to appointments. This could include visits to a doctor, dentist, optician, clinic, and hospital or for blood donation. (See also Managing Attendance Policy) 4.8 IN VITRO FERTILISATION (IVF) TREATMENT As an organisation the Office of the Nottinghamshire Police and Crime Commissioner recognises the emotional and financial pressures of going through IVF treatment and aim to support members of staff as much as possible through the process. Line Managers can authorise female members of staff to take up to a total of five days (37 hours) paid leave in any one annual leave year, either together or singularly, for the purpose of receiving and recovering from IVF treatment. The partner of a person receiving treatment is eligible to take up to two and a half days (18.5 hours) paid leave to support their partner through the treatment. 4.9 ADOPTION LEAVE Please refer to the Adoption Leave Policy MATERNITY LEAVE Please refer to the Maternity Provisions Policy PATERNITY LEAVE Please refer to the Paternity & Maternity Support Leave and Pay Policy and Procedure PARENTAL LEAVE Please refer to the Parental Leave Policy and Procedure RELOCATION LEAVE Line Managers can grant a total of 2 days (14.8 hours) paid leave in respect of moving home providing that Relocation Assistance was applicable at the time of recruitment to the organisation or where the move is at the request of the Police and Crime Commissioner in the interests of efficiency. (Please refer to the Finance Department for details of the up-todate financial package).

7 4.14 REDUNDANCY It is the organisations commitment to use redundancy only as a last resort and in the majority of instances a member of staff will not be at risk. However it is important that members of staff know their entitlements. Therefore, providing two years continuous service has been completed, a member of staff, who is given notice of termination by reason of redundancy, is entitled to reasonable paid time off during working hours before the end of their notice in order to look for new employment or make arrangements for training for future employment. This time off should be agreed with the Line Manager and the relevant HR Manager must be informed for recording purposes ANNUAL LEAVE Please refer to the Annual Leave Policy LEAVE TO CARRY OUT PUBLIC DUTIES For the purpose of determining conflicts of interest, members of staff who are elected or appointed to membership of Public Bodies must notify their Line Manager. Public Duties for staff include, the following, (although this is not an exhaustive list): - membership of a local authority statutory tribunal health authority educational establishment. If unclear as to whether the public duty is recognised, clarification should be sought from the relevant HR Department SCHOOL GOVERNORS Members of staff attending School Governor s meetings, inspections or who are required to attend training in relation to their duties are entitled to up to 20 hours paid leave in any one financial year if required to attend in core business hours. Line Managers may grant this leave. Any further leave required would be unpaid OTHER PUBLIC DUTIES Other public duties (examples listed above) are granted a maximum of 12 days paid leave unless payment is received from the Public Body in which case the time off will be unpaid. Exceptionally, the time off may be extended with authorisation from the Police and Crime Commissioner. However time off exceeding 208 hours per year will be unpaid JURY SERVICE

8 It is everyone s duty to attend jury service should they be called. In the event of this requirement you will be granted time off on provision of documentary proof to your Line Manager. The Juror s Allowance Scheme pays jurors for the time they are required to attend, however, if the amount received in payment is less than the usual basic pay received, the organisation will reimburse the difference on receipt of supporting documentation from the Juror s Allowance Scheme ATTENDANCE AS A WITNESS Time off with pay will be granted to attend court as a witness for the Crown, Police or defence provided that documentary proof of attendance and as much notice as possible is given to the Line Manager and the relevant HR Team. Personal expenses will not be paid VOLUNTEER RESERVISTS (VR) For any member of staff commencing with Nottinghamshire Police Authority or the Office of the Nottinghamshire Police and Crime Commissioner from January 2004 who is or becomes a VR, 5 days (37 hours) leave of absence with pay in any one financial year will be granted for attending summer camps. However, the timing of this leave would need to be agreed with Line Managers and Departmental HRMs and be subject to the demands of the service. Members of staff who commenced with Nottinghamshire Police Authority prior to January 2004 and who were authorised volunteers (VR s) prior to that date will remain entitled to 10 days (74 hours) leave with pay in any one financial year for attending summer camps as per their agreed terms and conditions. However, members of staff who commenced with Nottinghamshire Police Authority prior to January 2004 but who became or become a VR after that date will receive 5 days leave of absence with pay in any one financial year for attending summer camps. Members of staff called up for reservist duties will be granted the time off unpaid. There is no effect on the member of staff s continuous service rights to incremental pay or additional holiday. However pensionable service will be affected if payments are not continued (staff should contact their relevant HR department on this issue to check the procedure for maintaining pension contributions). It should be noted that annual holiday is not accrued whilst on reservist duties TRADE UNION / STAFF ASSOCIATIONS / SUPPORT NETWORK DUTIES AND TRAINING Trade Union Please refer to the Trade Union Recognition Agreement that is located on the Nottinghamshire Police and Crime Commissioner s Intranet Support Networks Please refer to the document Duty Time Arrangements for Support Networks STUDY LEAVE Line Managers can authorise a maximum of 10 working days, (74 hours) per member of staff per year in support of Continuous Professional Development that is work related and

9 undertaken via an external agency e.g. Adult Education, College or University. The 10 days can be taken in a single block (for example, to attend summer school) or 10 individual days in support of day release. If a member of staff requires further time off, this may be taken via flexible use of Time Off in Lieu, Flexitime, annual leave and / or unpaid leave EXTENDED LEAVE Extended Leave can be defined as leave that extends beyond four weeks (148 hours). The Police and Crime Commissioner may grant periods of Extended Leave to cover such circumstances as: - A visit to members of family / partner s family living abroad The illness / death of a member of the family / partner s family or other family crisis Fulfilling a religious obligation or observance Fulfilling an extended travel ambition Undertaking further education not sponsored by the service 4.26 PLANNED EXTENDED LEAVE Members of staff may save up or bank some of the normal annual leave entitlement over a period of four years to enable them to take in the subsequent year one longer period of leave for purposes such as listed above. Members of staff wishing to use this facility should give a general declaration of their intention to the Line Manager and Duties Manager who will then adjust the holiday entitlement accordingly. The scheme operates as follows: - Maximum period (inclusive of entitlement for current year) of 60 working days (444 hours) on any one occasion in any five-year period. Able to bank up to 10 days (37 hours) leave per year to a maximum of 40 days (296 hours). Any shortfall of paid leave entitlement (current or banked) can be made up by unpaid leave up to a maximum of 30 days (222 hours) but total leave must not exceed 60 working days (444 hours). A member of staff must give their Line Manager a minimum of six months notice of their intention to take extended leave. Each request will be considered on an individual basis and will be subject to exigencies of the service. The Line Manager must make recommendations and gain authorisation from the Police and Crime Commissioner. Requests that are refused must be endorsed with a valid reason and discussed with the member of staff. Individuals can appeal if they feel the request has not been fairly considered (refer to Section 4.33 of this document). A minimum of two months notification of the actual dates of leave is required. Should a member of staff require a longer period of absence, a career break should be

10 considered EMERGENCY EXTENDED LEAVE It is not always possible to save up leave in case of emergencies arising from unforeseen problems, which occur from time to time. In the event of a personal crisis, members of staff will have the right to take extended leave in the following ways by notifying their Line Manager as soon as possible and obtaining authorisation from the Head of Department: - A maximum of 30 days (222 hours) will be granted, to be taken with a minimum of 24 hours notice Time should be taken from annual leave entitlement; however, any other leave taken in excess of that, which might be covered by compassionate leave, will be unpaid. A member of staff will be able to anticipate up to 10 days paid leave ( 74 hours) from the following years entitlement. Leave anticipated will have to be repaid in the event that the member of staff leaves before accruing the anticipated leave. Banked holiday entitlement can be used for this purpose. Members of staff will not be penalised for exercising their right to request extended leave, and will have the facility to pay their pension contributions, if they wish, during their period of unpaid leave. Paid annual leave is not be accrued during any periods of unpaid discretionary leave. For periods of unpaid leave there is the option of preserving pensionable service, which enables the period to be reckonable in full for pension purposes. Repayments of pension contributions whilst on unpaid leave will be based on normal salary and may be repaid in either a lump sum or spread over an agreed period of time upon return to work. The relevant HR Manager must be informed prior to taking leave if this arrangement is required CAREER BREAKS Please refer to the Career Break Scheme in the Personnel Policies and Procedures LEAVE FOR RELIGIOUS FESTIVALS Members of staff, whose employment commenced with Nottinghamshire Police Authority prior to January 2004 and who were therefore employed under the conditions of the Nottinghamshire County Council Orange Book (i.e. prior to staff becoming members of staff of the Police Authority), retain the right to 4 days (29.6 hours) paid time off for the purposes of observing religious festivals or other religious observance in accordance with their continuous contract of employment. For members of staff commencing with Nottinghamshire Police Authority or the Office of the Nottinghamshire Police and Crime Commissioner after January 2004 there is no provision to take discretionary leave for the purposes of observing religious festivals. Line Managers are encouraged, however, to agree to requests for annual leave for the

11 purposes of observing religious festivals (wherever possible) and to be aware of the legislation regarding discrimination on the grounds of religion or beliefs LEAVE TO CARRY OUT CHARITY WORK The Office of the Nottinghamshire Police and Crime Commissioner will grant up to three days (22.2 hours) unpaid leave for the purpose of carrying out charity work. Authorisation should be obtained from the Line Manager and notification should be given to the relevant HR Manager via the Request for Discretionary Leave form. Annual Leave will be accrued during a period of unpaid leave to carry out charity work LEAVE FOR OTHER PURPOSES AS AN EXTENSION TO THE ABOVE TERMS Requests for leave for reasons not specifically covered or as an extension of the terms detailed above to be considered by the Police and Crime Commissioner who may: - approve up to 4 weeks (148 hours) unpaid leave in special circumstances approve paid leave for reasons not covered or as an extension of entitlements ADVERSE WEATHER CONDITIONS In the event of adverse weather conditions, all members of staff are expected to take reasonable steps to attend for duty at their normal work base. Should adverse weather conditions cause difficulties in travelling to work, a member of staff who is unable to attend for duty should telephone their Line Manager as soon as possible to explain the problem. In such circumstances, the Line Manager may consider options that might assist with the problem i.e.: - Is there a possibility / feasibility for the member of staff to report to an alternative workplace within the Office of the Nottinghamshire Police and Crime Commissioner? Does the member of staff have any work that could be completed from home? If a member of staff cannot get to a different location or does not have any work that can be carried out from home, they should take annual leave, TOIL or flexi-leave to cover the absence. If the member of staff does not have any annual leave entitlement left, they can take the time from the following years entitlement or agree to make the time up APPEAL PROCESS Should a member of staff feel aggrieved by the decision made in relation to a request for discretionary leave they have the right to appeal. All appeals must be submitted in writing to the Chief Executive, outlining the grounds of the appeal and must be received within 14 days of the original decision being advised to the member of staff. If the original decision was made by Chief Executive, the appeal should be submitted to the Police and Crime Commissioner or his Deputy.

12 The review of the case will take place within 14 days of receipt of the appeal and the decision made will be sent in writing MONITORING AND RECORDING Each Divisional / Departmental HR Team will maintain its own register of all appeals raised under this procedure. Whilst the HR Manager will have access only to their own register, a continual monitoring and statistical evaluation will be undertaken centrally by, or on behalf of, the Head of Employee Relations & Equalities who will have access to every register. The Register will show details of the individuals using this procedure by: - Name Rank/Job title Gender Ethnicity And will monitor: - And how: - The issue raised The time taken at each stage It was finalised. And whether the selection appeal can be identified as specifically relating to: - Disability Gender Sexual Orientation Race Religion Age Marital Status SECTION 5 LEGISLATIVE COMPLIANCE This document has been drafted to comply with the general and specific duties in the Race Relations (Amendment) Act 2000, Data Protection, Freedom of Information Act, European Convention of Human Rights and other legislation relevant to the area of policing such as, Employment Act 2002, Disability Discrimination Act 1995, Sex Discrimination Act 1975 and Employment Relations Act 1999.

13 APPENDIX 1 Summary of Discretionary Leave Entitlement SUMMARY OF DISCRETIONARY LEAVE ENTITLEMENTS IN DAYS WHERE 1 DAY IS EQUIVELENT TO 7.4 FOR POLICE STAFF COMPASSIONATE: BEREAVEMENT CARE OF DEPENDENTS URGENT DOMESTIC BUSINESS PERSONAL HEALTH & WELFARE IVF TREATMENT RELOCATION PUBLIC DUTIES: SCHOOL GOVERNOR DUTIES JURY SERVICE / WITNESS VOLUNTEER RESERVISTS SPECIAL CONSTABULARY OTHER PUBLIC DUTIES Up to 10 DAYS paid leave (incl. of funeral leave) Up to 5 DAYS paid leave within a leave year Up to 5 DAYS paid leave within a leave year Up to 4 hours (subject to discretion) Up to 5 days paid leave for the individual receiving treatment. Up to 2.5 days paid leave for the partner. Up to 2 days paid leave provided it was agreed at the time of employment or is at the request of the Police and Crime Commissioner. Up to 20 hours paid leave in a leave year Supporting documentation required. 5 DAYS paid leave in a leave year 10 DAYS paid leave in a leave year if commenced with Nottinghamshire Police Authority prior to Jan DAYS paid within a leave year Up to 12 DAYS paid leave within a leave year (unless receiving other payment). STUDY LEAVE & EXAMS: Up to 10 DAYS paid leave within a leave year except for OSPRE examinations. CHARITY WORK: Up to 3 DAYS UNPAID leave within a leave year.

14 APPENDIX 2 Application Form REQUEST FOR DISCRETIONARY TIME OFF FORM Name Payroll number Department Division Reason for request for discretionary leave No of days requested (paid) No of days requested (unpaid) In addition to annual leave entitlement Dates From To Dates From To Line Manager Authorisation Date authorised Member of Staff signature Date Duties Manager Recorded Yes No Date HRM recorded Yes No Date Payroll informed Yes No Date HRM signature Distribution: HRM/Finance/Personnel File/Duty Manager

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