CHILDREN AND YOUNG PEOPLE SERVICE EXTENDED LEAVE PROCEDURE FOR SCHOOLS

Transcription

1 CHILDREN AND YOUNG PEOPLE SERVICE EXTENDED LEAVE PROCEDURE FOR SCHOOLS KirkleesEdnet/Management/HumanResources SEPTEMBER 2007

2 Policy issues October 2004 Contents Page no. 1. Introduction 3 2. Eligibility 3 3. Impact on Terms and Conditions 3 4. Entitlement to extended leave 4 5. Pay entitlement 4 6. Continuous service 4 7. Returning early 5 8. Managing Overstayers 5 9. Advice and support Grievance 5 2

3 1 INTRODUCTION 1.1 Extended leave is an agreed period of unpaid leave for employees who wish to take a block of time away from work. 1.2 The purpose of this procedure is to help employees achieve a work life balance and to assist with the retention of employees. 2. ELIGIBILITY 2.1 All employees can request a period of unpaid extended leave, in excess of the normal annual leave entitlement (that has already been accrued). 2.2 In order to qualify for extended leave, employees must have 1 year s continuous service with the Authority and no more than 2 periods of extended leave will be granted in a 5 year period. 2.3 The preference criteria to be adopted in the granting of extended leave should be on a first come, first served basis. However, where compassionate reasons are given as the reason for extended leave, this should take priority over other requests. 2.4 Once approval has been given for extended leave to be taken at a future date, it should not normally be withdrawn. 3 IMPACT ON TERMS AND CONDITIONS 3.1 An employee requesting extended leave will be asked to sign a variation to their contract. For the duration of their leave the individual will waive their right to: Sickness pay Holiday pay 3.2 Any action during the period of extended leave prejudicial to the Council s interests could be subject to disciplinary action. 3.3 Officers graded above Scale 6 should not engage in any other business or take up any other additional employment without the express consent of the Council. All employees are encouraged to make the Council aware of any outside work they undertake whether paid or voluntary. 3.4 Maternity Rights - Where an employee becomes pregnant during their extended leave period, the implications for the employee and the service must be explored with personnel. In line with maternity arrangements the manager and personnel section must be informed at least 28 days before the leave is expected to begin. 3.5 Upon the individual s return from extended leave, normal maternity leave arrangements will apply with the woman being entitled to up to 52 weeks leave. Holiday entitlement will be accrued from the earliest of either the date of return or the date that maternity leave commences. 3.6 In order to receive contractual and statutory maternity payments an employee must have sufficient earnings, a Mat B1 form is required. 3.7 More details on maternity are available in section 6.5 below. 3

4 4 ENTITLEMENT TO EXTENDED LEAVE 4.1 Extended leave is not an employee right but requests for extended leave should be considered positively. Prior to granting any requests for extended leave, a Headteacher or line manager needs to ensure that the Service is sufficiently and appropriately staffed to meet operational requirements. 4.2 In reaching a decision, managers will need to balance service needs with employee needs. Managers are required to consult with the appropriate trade union\professional association to ensure that any impact on other employees in the workplace has been fully considered. 4.3 Seniority or supervisory responsibility will not exclude posts from consideration for extended leave. 4.4 The maximum leave to be granted inclusive of any annual leave entitlement is 52 weeks in total. Where employees are expected to take leave in school closure periods, then these periods must be utilised for extended leave periods. 4.5 Where an employee is on extended leave for several weeks, the Head teacher or line manager may have to replace that employee. Any appointment should be on a temporary fixed term contract only, ensuring that the contract can be terminated before the expected end date, if required, to allow the employee on extended leave to return to his/her post. 4.6 No annual leave entitlement can be accrued during the unpaid period of extended leave. 5. PAY ENTITLEMENT 5.1 The period of extended leave will be unpaid with no payment, including essential car user allowances, being made. However, where normal holiday entitlement is utilised for part of this period, payment will be made in the normal manner. 5.2 The employee seeking unpaid leave is advised to ask for information from the Pensions and Financial Services Officer (Local Government Pension Scheme) or the Teachers Staffing Unit (Teachers Pensions Scheme) to find out the effect that unpaid leave may have on their pension. Employees should remember that if they require advice they should speak to an independent financial advisor. Employees with AVCs or purchasing past added years are particularly advised to check the effect of the leave on their commitments. 5.3 If an employee has any financial commitments, (e.g. Car Loan, one of the Council s Health Insurance Schemes) the employee should be advised to make appropriate arrangements with the appropriate provider (e.g. Strategic Finance, the Health Scheme). The repayment of car loans may be suspended but may also be subject to interest or administrative charges. 6 CONTINUOUS SERVICE 6.1 An employee s entitlement to sick leave and holiday are dependent on their continuous service. 6.2 For the purposes of sickness entitlement, the period of extended leave will count as continuous employment as the computerised systems are unable to make an adjustment for the extended leave period. 4

5 6.3 For the purposes of annual leave, an individual will not receive any annual leave entitlement for the period that they are away on extended leave. 6.4 The period of extended leave will not be taken in to account in determining when an employee becomes entitled to the five additional days (pro rated for part time employees) annual leave. Thus, if an employee has worked three years and two months when they commence their extended leave, they will be expected to work a further one year and ten months on their return before becoming entitled to the additional five days holiday. 6.5 A period of extended leave will not be deemed to count towards a long service award. 6.6 For the purposes of contractual maternity pay, the period of extended leave counts as continuous service. 7. RETURNING EARLY 7.1 An employee may return early from their period of extended leave; however if they intend to do so, they should give a period of notice reflecting their pay period (one, two or four weeks). For teaching staff the notice to return should reflect the standard resignation date in accordance with their terms and conditions. The notice should be in writing to the manager/headteacher who is expected to reply to confirm a return date. 7.2 The manager or Headteacher has the right to defer the individual s return for up to a maximum of four weeks (providing that this is not beyond the expected return date) dependent on the needs of the service. 8. MANAGING OVERSTAYERS 8.1 The reasons for employees not returning to work at the end of the agreed period may vary from unexpected events at home to difficulties with travel arrangements or sickness whilst abroad. The onus is on the employee to advise the employer of these difficulties at the earliest opportunity. 8.2 Where an employee does not inform their line manager of any likely delay in their return, they may be subject to disciplinary action. 9. ADVICE AND SUPPORT 9.1 Advice and support for Head teachers in managing the extended leave procedure is available from the LA or Payroll/Personnel Admin Unit. 9.2 Managers in other Council services can seek advice and support from their respective HR sections. 10. GRIEVANCE 10.1 An employee who has their request refused may raise a grievance in accordance with the grievance procedure. 5