SPECIAL LEAVE POLICY DECEMBER This policy supersedes all previous policies/handbooks/guidance for Special Leave

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1 SPECIAL LEAVE POLICY DECEMBER 2016 This policy supersedes all previous policies/handbooks/guidance for Special Leave

2 POLICY TITLE Special Leave Policy POLICY REFERENCE POLICY CATEGORY HR14 Human Resources RELEVANT TO All staff DATE PUBLISHED December 2016 IMPLEMENTATION DATE December 2016 DATE LAST REVIEWED December 2016 NEXT REVIEW DATE December 2018 POLICY LEAD Katie Bowden, Head of Human Resources and Business Partnering CONTACT DETAILS Telephone: ACCOUNTABLE DIRECTOR Claire Johnston Director of Nursing and Performance APPROVED BY (GROUP) APPROVED BY (COMMITTEE Joint Policy Sub Group - November 2016 Workforce Committee 25 November 2016 Date Version Amendments DOCUMENT HISTORY January New Policy January Policy reviewed and updated March Policy and guidelines reviewed, updated and collated into a single document June Policy reviewed and updated Dec Policy reviewed and updated MEMBERSHIP OF THE POLICY DEVELOPMENT/ REVIEW TEAM HR, Service Lines, DMs CONSULTATION Staff side Representatives Workforce Committee members DO NOT AMEND THIS DOCUMENT FURTHER COPIES OF THIS DOCUMENT CAN BE FOUND ON THE TRUST INTRANET. 2

3 Page Contents 1 Introduction 5 2 Benefits of Special Leave 6 3 Bereavement Leave 6 4 Leave for Urgent Domestic Distress 7 5 Time Off For Dependents 7 6 Extended Career Leave 8 7 Paternity/Maternity Support Leave 8 8 Ordinary Parental Leave 9 9 Maternity and Adoption Leave Religious Cultural Observation Disability Leave Specialist Appointments Time Off for Trade Union Duties and Activities Time Off for Public Duties Training with the Reserve and Cadet Forces Attending Job Interviews within the NHS Unpaid Leave Other Relevant Leave Notification Exemption from Working Whilst on Special Leave Failure to Follow Procedure Appeal Dissemination and Implementation Arrangements Training Requirements Monitoring and Audit Arrangements Review of the Policy 15 Associated documents 1 Appendix 1: Summary of Special Leave that may be granted 16 3

4 2 Appendix 2: Special Leave Guidelines for Managers 17 3 Appendix 3: Special Leave Flow Chart 20 4 Appendix 4: Equality Impact Assessment Tool 21 5 Appendix 5: Unpaid Ordinary Parental Leave Form 22 4

5 1. INTRODUCTION 1.1 Camden & Islington NHS Foundation Trust recognises that from time to time staff will need time off work for certain matters that require their urgent attention. The Trust is committed to helping staff balance the demands of domestic and work responsibilities at times of urgent and unforeseen needs by the provision of paid or unpaid leave according to circumstances. This policy is to be applied to all requests from staff seeking time off for urgent, unforeseen circumstances which meet the legislative requirements of the Employment Relations Act 1999 together with those staff who seek the opportunity to have an unpaid break from service. 1.2 The Agenda for Change: NHS Terms and Conditions of Service Handbook (January 2005), section 35: Balancing Work and Personal Life states that NHS employers should provide employees with access to leave arrangements that support them in balancing their work responsibilities with their personal commitments. The Handbook does not, however, state a specific level of provision or extent of paid/unpaid leave. The Employment Relations Act 1999 introduced statutory entitlements to time off to care for dependants and parental leave. The policy is updated in accordance with any further advanced letters received and any changes in statutory requirements. 1.3 This policy will give clear guidance in defining, managing and applying for special leave. This policy specifically covers the following areas: Compassionate Leave which includes leave for bereavement and leave for urgent domestic distress, Time Off For Dependants, Extended Carer Leave, Paternity Leave, Parental Leave, Maternity Leave, Adoption Leave, Fostering Leave, Religious and Cultural Observance Leave, Disability Leave, Leave to Visit Relatives Abroad and other Special Leave circumstances as outlined below. Staff are encouraged to check the Maternity and Adoption Leave Policy and Flexible Working Guidance and Information Pack for other benefits that may be available. 1.4 Additional guidance for managers on implementing this policy is available from Human Resources. Human Resources advice should be sought if unclear on the implementation of any section of this policy. 1.5 Managers have the discretion to view each employee s case individually and according to circumstance. However allowances cannot go above the stipulations outlined for Paid Special Leave. Paid special leave is not a contractual entitlement Special Leave will not affect the employees annual leave or sick leave entitlements. However is should be highlighted to employees that Paid Special Leave is not a contractual right and is down to the discretion of the manager to approve. Special Leave should not be seen as additional annual leave and evidence of special leave may be requested and requests of such from line managers are a reasonable management request Camden and Islington NHS Foundation Trust believes that it is a mutual benefit to the Trust and its employees to work in partnership with Staff side. This policy has been developed and agreed by management and Staff side, in order to ensure staff are treated consistently and fairly. 5

6 2. BENEFITS OF SPECIAL LEAVE The Special Leave Policy, as well as being beneficial to the employee, provides a number of financial and management benefits. 2.1 The employee will not take sick leave to care for others and thus jeopardise their own employment prospects. As a consequence absence can be controlled more effectively by formalising caring arrangements: 2.2 It is good management practice to grant special leave as staff are less likely to make mistakes and are more likely to work safely if they are not anxious about a personal problem. 2.3 The Trust will reduce a major area of disadvantage against women. Traditionally women have adopted the carer role which has resulted in an interruption or even a cessation to career progression. It is hoped that the Special Leave Policy will assist in removing this obstacle. 2.4 The Policy provides clear guidance to staff and managers regarding the procedures to be followed and reduces the level of inconsistencies and queries. 2.5 The Policy is an effective recruitment and retention strategy in respect to women and carers in particular. 2.6 This policy can help to promote employment relations and staff morale by demonstrating that the Trust is a caring employer aware of employee s needs. Provisions under this policy: The Total amount of paid Special Leave available should be adhered to as outlined as per circumstance below per 12 month rolling period and should not under any circumstance be extended beyond this. Unpaid Special Leave may be granted in exceptional circumstances. 3. BEREAVEMENT LEAVE 3.1 In the event of the bereavement of a close relative or dependant (other than those listed in 3.2), Managers will grant at least 1 day s paid compassionate leave. This may increase to a maximum of three working days (pro rata for part time staff) depending upon the circumstances. Additional time required above this should be taken as annual leave or unpaid leave. The compassionate leave granted will include the time needed to attend the close relative s funeral. Therefore, the compassionate leave granted does not need to be taken as consecutive days. 3.2 Death of a Spouse/Partner, Parent, Son or Daughter In the case of the death of a spouse/partner, parent, son or daughter, up to two weeks (10 working days) paid leave may be granted (pro rata for part time staff). In these circumstances evidence of their bereavement is required on their return to work. 3.3 The member of staff must make the manager aware of his/her bereavement as soon as possible. 3.4 When allocating bereavement leave, Managers should consider the relationship to the member of staff, whether he/she has responsibility for funeral arrangements, the distance 6

7 to be travelled and cultural/religious requirements. A request to take annual leave or unpaid leave at short notice to allow a longer recuperation period will usually be considered favourably. 3.5 Bereavement Leave is available to all employees of the Trust regardless of length of service. The policy does not apply to agency staff or bank staff and for part-time employees and job sharers the extent of the leave entitlement granted will be on a pro-rata basis. 4. LEAVE FOR URGENT DOMESTIC DISTRESS 4.1 Special leave with pay up to one day may be granted to staff in certain situations. If longer is needed, annual leave should be requested. 4.2 The needs may be associated with serious domestic emergencies/crises which must be resolved immediately by the employee in person, such as burglary, fire, flood, storm etc., and situations which pose a security risk to an employee s home if they are not resolved immediately. 4.3 Special leave with pay is not granted for appointments with gas or electricity companies, etc., for tradespersons carrying out routine maintenance, nor for appointments for medicals for private insurance or mortgages. Where possible, employees should try to arrange such visits outside of their normal working hours, or take annual leave. 4.4 Procedure: Employees should apply to their managers when the incident occurs. If they are at home, employees should ring their manager as soon as possible, or an hour before their shift, to request leave. 4.5 Leave for Urgent Domestic Distress is available to all employees of the Trust regardless of length of service. The policy does not apply to agency staff or bank staff and for part-time employees and job sharers the extent of the leave entitlement granted will be on a pro-rata basis. 5. TIME OFF FOR DEPENDANTS 5.1 Time off will be given to enable a member of staff to take action, to deal with an unexpected or sudden problem concerning a dependant and make necessary longer term arrangements. Please see Appendix 1 which summarises types of special leave and the amount of time that may be granted. 5.2 Dependants and caring situations 5.3 For the purpose of this policy dependants are: A child, spouse/partner, close relative or a person who lives with the employee other than as his/her tenant, lodger or boarder, who are directly dependent on the member of staff for domestic support. 5.4 For the purpose of this policy caring situations that may require special leave include: Serious illness or injury of any of the above, where the dependant is unable to cope independently and therefore rely on them for physical care at home or Unpredictable breakdown of usual caring arrangements where the dependant is unable to cope independently and therefore rely on them for physical care at home It does not include care being provided by a hospital or the transporting of dependants to medical or dental appointments 7

8 5.5 This list is not exhaustive and carer leave may be granted for other purposes which fall under the spirit of this agreement. 5.6 The amount of time off for Dependants leave that may be granted is as follows: A maximum of five days paid leave per annum (one day per episode, pro rata for part time staff). This leave allowance shall not affect the member of staff s annual leave entitlement. Any additional time off following the day taken as Time Off for Dependants leave shall be taken as either annual or unpaid leave with the agreement of the Manager. When the situation is envisaged, lengthier longer term commitments to caring shall take effect 5.7 In order to request Time Off for Dependants Leave, the member of staff must make the Manager aware of his/her unexpected or sudden problem concerning a dependant as soon as possible on the day that his has occurred. Time off for dependants leave cannot be booked in advance. Managers should remember that staff with caring responsibilities may have to leave work with little notice to cope with a sudden crisis. 5.8 Time off for Dependants Leave is not an entitlement and must be authorised by the Manager of the member of staff. The Manager may reasonably request to meet with the member of staff upon their return to work so as to discuss this authorisation. 6. EXTENDED CARER LEAVE Employees may require extended carer leave where a dependent is recovering from a serious illness, is terminally ill or has become disabled. Unpaid leave may be granted in such circumstances, initially for 6 months but for a maximum of a year at the manager s discretion and in accordance with the exigencies of the service. Other options should also be examined in such circumstances, for example reducing hours temporarily or permanently or entering a job share. Managers should aim to be as flexible as possible in order to avoid staff having to give up their job completely. 6.1 Length of Service Requirement: Employees must have a minimum of 1 years service within the Trust to qualify for extended carer leave. If an employee has less than this, managers may grant unpaid leave at their discretion, according to the particular circumstance. 6.2 Procedure: Employees should apply in writing to their manager and will be asked to obtain a medical certificate from the dependant's doctor. 7. PATERNITY / MATERNITY SUPPORT LEAVE 7.1 Around the time of a birth it is very important for the father or partner to be present to maintain domestic or other arrangements, and to provide general support. 7.2 Entitlement to paternity leave applies to biological and adoptive fathers, nominated carers, and same sex partners. 7.3 Regardless of length of service, employees are entitled to two weeks 7.4 For full details, please refer to the Maternity, Paternity and Adoption Leave Policy. 8

9 7.5 Paid time off can be granted for fathers, nominated carers and same sex partners to attend ante-natal classes. 7.6 In addition to these Paternity Leave provisions, employees are entitled to additional unpaid Ordinary parental leave in accordance with the Employment Relations Act Details are contained in Section 8 of this policy. 8. ORDINARY PARENTAL LEAVE 8.1 Parental leave is for employees to take time off work to look after a child s welfare, this leave is unpaid, and is available for each child up to their 18th birthday. 8.2 Parental Leave should not be confused with Shared Parental Leave which is a new entitlement for eligible parents of children due to be born or adopted on or after 5 April Please refer to the Trust s Maternity, Adoption, and Paternity Leave Policy. 8.2 Key points Employees must have completed one year s continuous service with the Trust to qualify. 18 weeks of unpaid leave can be taken up for children under 18 years. Leave may be taken straight after the birth or adoption or following a period of maternity leave. The member of staff will need to request leave giving at least 21 days notice before the intended start date. The member of staff must request the parental leave by completing the application form in Appendix If the member of staff has completed one year s continuous service with the Trust, they are entitled to 18 weeks unpaid parental leave for each child born or adopted. The leave can start once the child is born or placed for adoption, or as soon as the employee has completed a year s service, whichever is later. Employees can take it at any time up to the child s 18th birthday. 8.4 A request should be made to the Trust giving 21 days notice of the start date of the parental leave, in writing by completing the Ordinary Parental Leave Request Form (Appendix 5). As long as the member of staff qualifies for parental leave and gives the Trust the correct notice the employee should be able to take parental leave at any time. 8.5 To take parental leave straight after the birth or adoption of a child, an employee should give notice 21 days before the beginning of the expected week of childbirth or placement. In cases where this may not be possible they should give notice to the employer as soon as possible. For example, if a child is born prematurely or where less than 21 days notice is given that a child is to be placed with you for adoption. 8.6 Parental leave should be taken in blocks of a week or multiples of a week, and should not be taken as odd days off, unless the child has disability. Employees cannot take off more than four weeks during a year per child. A week is based on an employees working pattern. 8.7 An employee will remain employed while on parental leave and some terms of the contract, such as contractual notice and redundancy terms, still apply. 9

10 9. MATERNITY & ADOPTION LEAVE 9.1 Eligible staff will be entitled to eight weeks at full pay, plus eighteen weeks at half pay (plus Statutory Maternity Pay), followed by thirteen weeks of Statutory Maternity Pay. In addition staff may take additional unpaid maternity leave to take their total period of leave to 52 weeks. 9.2 For full details, please refer to the Maternity, Paternity and Adoption Leave Policy. 10. RELIGIOUS CULTURAL OBSERVANCE 10.1 There may be employees who request a day off or an early finishing time for a particular religious, belief or cultural occasion All employees who need time off for religious, belief or cultural observance will be entitled to request the following, subject to the exigencies of the services: a) General flexibility in arrangement of shifts, rotas and working hours, or b) Annual Leave, flexi-days or unpaid leave 10.3 Employees may take time to pray or observe their religion or belief during working hours, provided they have discussed and agreed the time with their manager All managers should be sympathetic to requests and should accommodate them wherever it is reasonably practicable to do so If reasonable notice for such requests is not given or the request cannot be accommodated due to service needs, the manager may have no choice but to refuse time off Multiple requests from the same department should be managed on a local basis 11. DISABILITY LEAVE 11.1 Disability Leave is a period of unpaid leave required by a newly disabled member of staff or a person with disabilities whose condition has deteriorated. This can be initially for 6 months to a maximum of 1 year. During this period the individual s job is protected and allows time for the disabled employee and employer to seek professional help to adapt to the new circumstances. It allows the employee to return to work gradually. It differs from sick leave in that, although sickness may precede the disability, the employee is fit for work but needs assistance through rehabilitation in light of their new circumstance The Trust aims to be as flexible as possible in order to retain our existing or newly disabled employees. Advice should be sought from the Occupational Health Service and counselling through the People at Work service if appropriate. 10

11 12. SPECIALIST APPOINTMENTS 12.1 Staff should, wherever possible, arrange hospital, doctor and other medical appointments outside of their working hours. Where this is not possible, employees should try to arrange appointments so as to cause as little inconvenience to the service as possible, for example, by arranging appointments at the start or finish of a shift/working day Special leave for medical purposes in such circumstances is at the discretion of the Line Manager and payment for such periods will be most appropriate where it is clear that appointments have been made to create minimum time off work It might be appropriate to arrange with the employee that they work back the time they have taken off for such appointments, rather than take special leave. For planned medical procedures, such as surgery, where the employee will be required to be off work for a whole day or longer, please refer to the Trust Sickness Absence Policy and Procedure Confirmation of times of hospital, doctor or other medical appointments should be produced in all cases for which special leave is requested Pregnant women must be allowed reasonable time off with pay to attend ante-natal appointments (refer to the Trust s Maternity Leave Policy and Procedure) Individuals attending for cancer screening and staff donating blood will be allowed time off with pay; however employees and managers should agree this within reasonable limits Individuals undergoing IVF treatment should schedule the short medical appointments as advised above. Where a full day procedure is required, the manager may grant the day as special leave unless the leave is covered in accordance with the Sickness Absence Policy and Procedure. 13. TIME OFF FOR TRADE UNION DUTIES AND ACTIVITIES The Trust supports and recognises Trade Union representatives in carrying out their duties and engaging in union activities. Please refer to the Time Off for Trade Union Duties and Activities Policy on the intranet and consult with Human Resources for further details. 14. TIME OFF FOR PUBLIC DUTIES Type of leave Whether paid or unpaid and maximum amount of leave Jury Service Special leave with pay. No maximum. Notes Any court fees received, excluding allowances for travelling and subsistence must be reimbursed to the Trust. 11

12 Type of leave Whether paid or unpaid and maximum amount of leave Magisterial/Justice of the Maximum of 18 days paid leave Peace duties in any period of 12 months. Membership of the National Rivers Boards Authorities Membership of the Governing Body of an educational establishment maintained by a Local Education Authority Notes The decision to grant leave is at the discretion of the Trust and will take into account the needs of the service. Leave for Local Government activities i.e. as a Councillor Membership of Statutory Tribunals or Board of Prison Visitors Leave for NHS Staff Council Meetings Leave for attendance as a witness at employment tribunal or Appeal Hearings Leave for attendance as a witness at Court Up to 18 days paid leave in any period of 12 months. Where local government duties are combined with other civic and public duties, the total paid leave may not exceed 18 days in any 12 month period. An employee who is appointed Mayor may be granted up to 24 days paid leave in any 12 month period for carrying out their duties, including any other civic or public duties. Special paid leave Special leave with pay. Special leave, with pay, should be given if the employee is required to attend court as a witness. Employees must seek the Trust s consent to become a Local Government Councillor due to the potential conflict of interest. Manager should discuss any potential conflict and seek advice as appropriate from the Human Resources Department. For employees who have been appointed to represent their Trade Union or professional organisation at any NHS Staff Council Meeting Evidence should be provided by the employee to the line manager of required attendance Evidence should be provided by the employee to the line manager of required attendance 12

13 15. TRAINING WITH THE RESERVE AND CADET FORCES 15.1 Employees who, with the consent of the Trust, volunteer for service with the Reserve or Cadet Forces or who, at the time of their appointment, declare their membership should be granted two week s additional paid leave for attendance at the annual camp The provisions for the Reserve and Cadet Forces apply to employees who are members of the following Reserve Forces: Royal Navy Royal Naval Reserve Royal Marine Reserve Queen Alexandra s Royal Naval Nursing Service Royal Fleet Auxiliary Army Territorial Army Army Regular Reserve Regular Army Reserve of Officers Royal Air Force Royal Air Force Reserve Class E Category 1, Sections A & B; compulsory membership Royal Air Force Reserve of Officers Royal Air Force Volunteer Reserve Royal Air Force Volunteer Reserve (Training Branch) Royal Auxiliary Air Force Women s Royal Air Force Volunteer Reserve: voluntary membership Women s Royal Air Force Volunteer Reserve (Training Branch) 13

14 15.3 Employees who are required to undergo short periods of training (normally on Saturdays and Sundays) additional to annual camp, and who are unable to arrange for such training to be undertaken in off-duty time, will need to speak with their line manager about whether this can be granted or working time scheduled around this. 16 ATTENDING JOB INTERVIEWS WITHIN THE NHS 16.1 Subject to the needs of the service, an employee will be allowed up to one day paid time off in a rolling year, to attend job interviews for positions within the NHS. An employee will also be entitled to reasonable time off to attend internal interviews within the Trust. If an employee has been placed at risk of redundancy by the organisation they should be granted paid time off to attend interviews both within and outside the NHS The employee must apply for special leave as soon as the day of the interview is known. They should indicate where and when the interview is and how much time off is required. Written confirmation of the interview arrangements must be produced Interviews outside of the NHS will need to be taken as annual leave or worked back as time owed unless staff have been placed at risk of redundancy by the organisation. 17. UNPAID LEAVE If you have exhausted all other leave entitlements and benefits, or the above benefits are not applicable to your circumstances, you may wish to apply for unpaid leave. Unpaid leave should only be taken when all other leave has been exhausted. The granting of unpaid leave is at the discretion of your manager, who will consider your application reasonably and fairly. There is no right to unpaid leave under this policy. 18. OTHER RELEVANT LEAVE Employees of the Trust may also make use of the following types of leave which are detailed in the Flexible Working Policy: Phased Return To Work Employment Break Temporary Reduction of Hours Time off in Lieu For details of Study Leave, please refer to the Trust s Study Leave Policy which is available on the intranet or from Learning and Development Department within Human Resources. 19. NOTIFICATION In all cases, requests for Special Leave should be made at the earliest opportunity. This will assist in ensuring adequate cover for service provision. 20. EXEMPTION FROM WORKING WHILST ON SPECIAL LEAVE Please note that unless otherwise notified, you are not permitted to work in the Trust or elsewhere whilst on special leave; this is because you would be deemed as falsely claiming pay and/or leave from the Trust, which is a serious enough issue to be

15 deemed gross misconduct. This could result in a referral to the Local Counter Fraud Service and the Disciplinary Procedure being invoked. 21. FAILURE TO FOLLOW PROCEDURE Any leave taken without following the stated procedure and not authorised by the manager will be considered as unpaid, unauthorised absence. Pay will be suspended for the period, pending a full investigation that may result in formal disciplinary action being taken. 22. APPEAL Managers should be advised that decisions regarding special leave should be applied as consistently as possible. Any employee, who believes that this policy is not being fairly applied, may seek redress through the Grievance Procedure. 23. DISSEMINATION AND IMPLEMENTATION ARRANGEMENTS This policy will be launched via the weekly communications bulletin and will be accessible by employees on the Trust s intranet. Copies can also be obtained by contacting the Human Resources Department on HR will advise on the interpretation and implementation of this policy. 24. TRAINING REQUIREMENTS There are no specific training requirements in order to implement this policy. However, managers will be able to access advice from the HR Department on the implementation and interpretation of this policy. 25. MONITORING AND AUDIT ARRANGEMENTS The number of employees making successful flexible working applications will be monitored by HR as part of the scheduled overview of the policy and this information will be shared with the Workforce Group and Workforce Partnership and learning will be taken into account when updating the policy. Any actions identified will be delegated by the Workforce Group. 26. REVIEW OF THE POLICY This policy will be reviewed every three years from the date of ratification. Earlier review may be required, for example, due to changes in best practice, legislation or national terms and conditions and staff survey feedback. 15

16 APPENDIX 1 SUMMARY OF SPECIAL LEAVE THAT MAY BE GRANTED Note: The amounts of leave as specified below provide a guide only. Please read the main Policy Document for further details. There is no entitlement to take Special Leave. All Special Leave is granted at the Manager s discretion, subject to the needs of the service and is granted on a prorata basis for part time staff. Reason for Special Leave BEREAVEMENT LEAVE DEATH OF A SPOUSE/PARENT/SON/DAUGHTER LEAVE FOR URGENT DOMESTIC DISTRESS TIME OFF FOR DEPENDANTS EXTENDED CARER LEAVE ORDINARY PARENTAL LEAVE RELIGIOUS CULTURAL OBSERVANCE DISABILITY LEAVE Allowance Granted Per Rolling Calendar Year Allowance of 2 days that can be extended to 5 days in exceptional circumstances Allowance of 10 working days Allowance of one day Allowance of 5 working days Unpaid leave for period of up to 6 months Unpaid leave of up to 4 weeks per child Annual Leave or unpaid Unpaid for up to a period of a year 16

17 Appendix 2 Guidelines for Managers on Granting Special and Other Forms of Leave The Camden & Islington NHS Foundation Trust attaches substantial importance to the consideration and approval of special leave for domestic, personal and family matters. The objective of such leave is to help staff balance the demands of domestic and work responsibilities at times of urgent and unforeseen need. This is achieved through the provision of leave which is paid or unpaid according to the circumstances. The following guidelines should be considered when special leave and other leave requests are made to ensure that they are dealt with fairly and reasonably and the full circumstances are considered. General Considerations The Trust believes in pursuing exemplary employment practices and therefore many of the contractual rights of staff are more beneficial than the minimum legal requirements. However it is important to understand and ensure compliance with the legal minimum requirements, which are outlined below: - By law employees have the right to Maternity Leave (see the Trust Maternity, Paternity and Adoption Policy) Reasonable time off for emergency situations involving a dependent - (see the Trust Flexible Working Policy & Special Leave Policy) Paternity Leave - (see the Trust Maternity, Paternity and Adoption Policy) Request Flexible Working ( see the Trust Flexible Working and Special Leave Policies) Paternity Leave (see the Trust Maternity, Paternity and Adoption Policy) Parental Leave (see the Trust Special Leave Policy) Adoption Leave (see the Trust Maternity, Paternity and Adoption Policy) The right to apply for flexible working if they have a child under 16 years of age (or under the age of 18 if the child is disabled) - (see the Trust Flexible Working Policy) Reasonable time off for public duties - (see the Trust Special Leave Policy) Reasonable time off for Trade Union duties (see the Trust Time Off for Trade Union Duties & Activities Policy) Staff must take at least 5.6 weeks (28 days) holiday per year, inclusive of public holidays, in accordance with the Working Time Regulations 1998 (pro-rata for part time staff).- (See the Trust s Annual Leave Policy) In line with the Trust s Bullying and Discrimination Policy and Valuing Diversity Policy, the Trust will ensure that no employee, receives less favourable treatment on grounds of their age, disability, gender reassignment, pregnancy/maternity, religion/belief, sexual orientation, marriage/civil partnership, race, sex, part time or fixed term working status and real or suspected HIV/AIDS status, nor is disadvantaged by any conditions or requirements which cannot be shown to be justifiable or lawful. 17

18 By law, the Trust has a positive duty to make reasonable adjustments for disabled staff to help them overcome any barriers or difficulties that result from their disability. Contact your HR Advisor for further advice on making reasonable adjustments for disabled staff. Managers should be sympathetic in their response to requests for special and other forms of leave. For example an employee may wish to have an extended period of time off work for a religious or cultural occasion, managers need to be sympathetic to such requests and ensure that employees are not discriminated against or receive less favourable treatment because of their religious beliefs. Employees who are granted such extended periods of leave will need to take this time off work as either annual or unpaid leave. Each case should be looked at individually taking into account individual circumstances. It may be appropriate for the manager to use their discretion. For example a member of staff may wish to take additional unpaid leave on top of their annual leave entitlement in order to travel abroad and spend time with their family. Managers must apply the policy consistently and exercise discretion consistently, ensuring all staff are dealt with fairly and reasonably. Leave arrangements must apply equally to all staff regardless of whether they are full time or part time (pro rata as appropriate) and irrespective of any condition or requirement, which could be deemed discriminatory or divisive, providing the service requirements are met. Employees should never be penalised for taking, or seeking to take, time off under the terms of the policy. Positive consideration should be given for a temporary change in working arrangements where this would be beneficial in easing short-term difficulties. Steps to follow Has the employee followed the correct procedures for obtaining authorisation for the requested leave? (see the relevant policy or seek advice from HR for confirmation) Check the qualifying period for the leave requested as, for some types of leave, there may be qualifying periods that must be fulfilled before a right may be claimed. For example, the amount of pay that an employee will receive during adoption leave is partly determined by their length of service (see the Trust Special Leave Policy). Does the request fall under this or a different policy? Are there other types of leave, or other arrangements, that are more appropriate to the circumstances? For example, if a member of staff is the primary carer for a terminally sick relative it may be appropriate to consider longer-term arrangements such as an employment break or a reduction in hours. The Trust Flexible Working Policy and Employment Break Policy detail information on a number of alternative arrangements that may be suitable. Establish the full circumstances to help you determine whether the request is reasonable and possible within service needs. It may be reasonable to ask for proof of the problem to better establish the situation e.g. an appointment card. If for example an employee wished to take time of work to fast during a religious observance and it is thought that the request cannot be fully accommodated within the needs of the service, other options such as a reduction in 18

19 hours, a change of work pattern or booking a temp to cover the hours in the employees absence are examples of considerations that should automatically be taken into account. How serious is the situation and how quickly can the problem be resolved? Is the member of staff the only person who can deal with the situation or problem or are family/friends able to help? Establish if the employee will be paid for the leave. When authorising special leave a manager needs to consider the amount of special leave taken within the last 12 months as this can determine if the leave will be paid. For example, if a member of staff has taken 6 days special leave in the last 6 months then any further special leave taken with the next 6- month period will be unpaid. Entitlement to paid leave should be exhausted before unpaid leave is granted. Is it reasonable to refuse someone the benefits of a policy? For example, although bereavement leave ought to be granted for direct members of the family only, it is recognised that in certain circumstances it may be appropriate to allow leave if the member of staff was particularly close to the individual. This can only be judged through investigating the situation. A further example is that it is not likely to be considered reasonable for a manager to refuse a father or same sex partner time off work to be present for the birth of the child (see the Trust Flexible Working Policy and Special Leave Policy). If you are considering exercising discretion, consider whether, in the same circumstances, you would be prepared to grant or refuse a request from other staff in the future. Consider whether your decision will set a precedent that other services would be unable to match or that is not in line with policy. If in doubt contact your HR Advisor. Advise the employee of other sources of support and information available including the People at Work and Occupational Health Service where relevant. 19

20 Appendix 3 Special Leave Guidelines Flowchart Does the leave requested fall under this policy? Has the employee followed the correct procedures for obtaining authorisation for the leave? Establish the circumstances Is there a qualifying period for the leave? Establish whether the employee will be paid for the leave Are other types of leave more appropriate? Is the leave request reasonable and possible within the service needs? If you are considering refusing someone the benefit of a policy is this reasonable? Would you, in the same situation, grant or refuse a request from other staff in the future? Advice the employee of other sources of support that is available If in doubt contact your HR advisor 20

21 Appendix 4 Equality Impact Assessment Tool Yes/No Comments 1. Does the policy/guidance affect one group less or more favourably than another on the basis of: Race Ethnic origins (including gypsies and travellers) Nationality Gender Culture Religion or belief Sexual orientation including lesbian, gay and bisexual people Age No No No No No No No No Disability - learning disabilities, physical disability, sensory impairment and mental health problems No 2. Is there any evidence that some groups are No affected differently? 3. If you have identified potential discrimination, No are any exceptions valid, legal and/or justifiable? 4. Is the impact of the policy/guidance likely to be negative? 5. If so can the impact be avoided? 6. What alternatives are there to achieving the policy/guidance without the impact? 7. Can we reduce the impact by taking different action? No N/A N/A N/A 21

22 Appendix 5: UPL Form - Unpaid Parental Leave Application Form Please complete ALL the fields in the form below and return to HR.Support@candi.nhs.uk at least 21 days before requested date. Employee Details Surname Forename Assignment Number Trust Start Date NHS Start Date I have at least 52 weeks continuous NHS Service Department Name Division Manager s Name Employee Home Contact Details Address Line 1 Address Line 2 Town/ City Postcode Phone Number Mobile Number Details of Leave I am the: Mother/ primary adopter or Father or spouse, civil partner or partner of the child s mother/ primary adopter Expected/ actual date of Child Birth/ placement of the child Requested Start Date 22

23 No of weeks requested (up to 4 weeks) Requested End Date Number of weeks of unpaid parental leave previously taken My reasons for requesting unpaid parental leave are: Please tick to confirm the following (the form will not be processed if all are not ticked):- I will have the main responsibility (apart from my partner) for the upbringing of the child I have read, understood the Trust s Maternity, Adoption, Paternity, Shared Parental and Parental Leave Policy and Procedure I have discussed this request with my line manager and they have complete the line manager section. Employee Name Date. 23

24 Employee Signature Line Manager Section Eligible employees have the right to request unpaid parental leave and you should carefully such requests but have the right to postpone a requested period if you consider that the Trust s services would otherwise be unreasonably disrupted. However, you must do so in writing no more than 7 days after the request has been made and specify the dates when the employee will be allowed to take a period of leave. The employee must be allowed to take the leave within six months of the date originally requested. Where there is concern over accommodating the notification, the line manager or the employee may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets both the needs of the employee and the organisation I agree to the above named employee s application for unpaid parental leave I do not agree to the above named employee s application for unpaid parental leave. Please explain why: Manager s Signature Date Manager s Name in Block Capitals HR Support & Payroll to complete Actioned in HR (print name & sign) Date Actioned in HR (print name & sign) Date Actioned in Payroll (print name & sign) Date Submit the completed UPL form to At least 28 days prior to agreed Employee 24

25 Send confirmation of request Include details of unpaid parental leave and any annual leave used prior to return to work on Health roster/ monthly absence return. start date Within 28 days of receiving fully signed UPL Prior to the start of the paternity leave and annual leave. Payroll/ HR Line Manager 25