Special Leave Policy

Transcription

1 Reference Number: EDH028 Version Number: 3 What is this document for? Who needs to know? Related PAHNT Documents: Related Legislation/ Obligations: Accountable Executive: Document Author(s): Developed with: Outlines types of special leave available, when it is appropriate to use them and amount of leave allowed. All Staff Maternity, Paternity and Adoption Leave Policy (EDH014), Shared Parental Leave Policy (EDH078), Holiday Leave Policy (EDH030), Conduct and Disciplinary Policy (EDH002) and Attendance Management Policy (EDH027), Absence policy career grade medical and dental staff EDH012. Employment Rights Act 1996, Equality Act 2010 Jon Lenney, Executive Director of Workforce and Organisational Development Alison Brophy, HRBP, Jackie Schofield, Staff Side Chair, Bode Davies, UNISON, Gareth Griffiths, UNITE Staff Side and Management Ratified by: Jon Lenney, Director of Workforce & Organisational Development Chair CJNCC Date Ratified: 11 May 2016 Replaces: How is this different from the previous document? (EDH028) v 2.19 Community Service North v 1.3 Full review undertaken What dissemination & training arrangements have been made? Review arrangements: Safety Arrangements: This Policy will be available via the Document Management System. Management briefing document will be distributed in December 2017 Review every 3 years or earlier should a change in legislation best practice or other circumstance dictate Monitored via amount of special leave authorised and complaints via the Grievance Policy Priority Level: 2 Impact Level: Trustwide Keywords: Special/carers/leave/paid/unpaid/leave/emergency/domestic/dependants/bereavement/parental/in terviews/jury/attendance/court/magisterial/reserve/cadets/council/career break

2 Contents Page 1. What is this policy for? 3 2. Why do I need to know? 4 3. What is the policy 4 4. What do I need to do? References Appendices Appendix 1 Equality Impact Assessment 11 Appendix 2 Request for Special Leave Form 12 Appendix 3 Request for Ordinary Parental Leave Form 13 Appendix 4 Request for Career Break Form 14 Page 2 of 14

3 1. What is this Policy for? 1.1 The Trust recognises that an employee s domestic, personal, family, civic and public duties can, at certain times, impact on their working lives. The Trust is committed to equal opportunities and recognises the need for flexible employment policies which assist employees balance the demands of work with public, personal and family care responsibilities at times of urgent and unforeseen need through the provision of paid or unpaid leave according to circumstances. Annual leave is available for staff to use to support the balance between home and working life and there may, therefore, be a need for staff to use annual leave to supplement the provisions within this policy. 1.2 The key to success of this policy is the open dialogue required between an individual and their line manager. This policy will be applied fairly and consistently across the Trust. 1.3 Staff are reminded that working whilst on special leave or during time off for a specific purpose, or applications for such which are made on a false basis, may constitute a breach of their employment contract and the Trust policy. As such they may be referred to the Lead Local Counter Fraud Specialist for investigation and prosecution or result in action in accordance with the Trust s Conduct and Disciplinary Procedure. If a member of staff has requested special leave which has been declined and they are then absent of those day(s) they may be required to provide a GP fit note. Failure to do so may be investigated under the Trust s Conduct and Disciplinary Procedure The table below shows the type of time off which is allowed by law; Full details can be found within each of the relevant policies. Statutory Time off Accompanying a colleague to a disciplinary/grievance hearing Adoption Leave Antenatal Care Maternity Leave Paternity Leave Public Holidays Holidays Trade Union Duties Jury Service Parental Leave Civic/Public Duties Time off for dependants Training with Reserve/Cadet Forces Shared Parental Leave Applicable Policy/Guidelines Conduct and Disciplinary Procedure Grievance Procedure Maternity, Paternity and Adoption Leave Maternity, Paternity and Adoption Leave Maternity, Paternity and Adoption Leave Maternity, Paternity and Adoption Leave Holiday Leave Policy Holiday Leave Policy Partnership Working Agreement Parental Leave Guidelines Shared Parental Leave policy 1.5 The table below shows categories of leave where time off is not statutory but where guidance is available. Non-Statutory Leave Bereavement Career Break Doctor, dentist and other health appointments Applicable Policy/Guidelines Attendance Management Policy Page 3 of 14

4 Domestic emergency Sickness Absence Attendance Management Policy Study Leave Application and Attendance at Training Events Additional Leave Purchasing Additional Unpaid Annual Leave Medical and Dental Appointments Attendance Management Policy Where provision for time off exists within another policy, the special leave policy should not be used for granting leave. Reference should be made to the appropriate policy. 2. Why do I need to know? 2.1 The aim of the policy is to provide a compassionate, sympathetic and flexible response to urgent and unforeseen circumstances experienced by employees for which they require short term and immediate leave from work where the use of annual leave, time owing etc is not appropriate. 2.2 Where time off is required to meet non-urgent, planned or foreseeable needs, employees will, where possible, be expected to utilise their own time, including annual leave, any flexi-time, time owing etc. Requests for unpaid leave will be considered but it is expected that this will be the last resort and other forms of leave as exampled above will be used ahead of it. 2.3 Furthermore, the policy outlines provisions available to staff in respect of time off for civic duties and longer periods of unpaid leave in the terms of parental leave or career break. 2.4 Special Leave is defined as an urgent/immediate/unforeseen, short term leave provision. This leave must always be agreed between a manager and individual employee. 2.5 Leave with pay will always be made on the basis of basic pay and will not include any allowance or payments linked to working patterns or additional work commitments. 2.6 Special Leave also covers time off to carry out civic and public duties as outlined below. 2.7 A dependant is defined as a spouse (or civil partner), child, parent or person living in an employee s household other than as an employee, tenant or lodger. It may also include any person who is dependent upon the employee for care or financial support (other than in an employment context) and does not pre-suppose any family or blood relationship. 3. What is the policy 3.1 Leave Arrangements Employees can request special leave by completing the application form at Appendix 2 of the policy. Once completed, the employee should discuss the application with their manager who will then decide whether leave can be allowed. For requests for emergency household/domestic leave, emergency dependent leave and Page 4 of 14

5 bereavement leave, it is acknowledged that it may not be possible for leave to be agreed prospectively. Where that is the case the form should be completed by the employee and shared with his/her Line Manager no later than the first day back at work. A manager s sympathetic approval of absence from work should not be seen as automatic approval of paid special leave. As special leave is only granted in urgent and unforeseen circumstances, it is not envisaged that more than 5 days paid special leave (excluding bereavement and leave for civic duties) will be granted in any leave year. Again, given the nature of the leave, it is not expected that such leave should be granted for more than one day on any occasion. Where further time off is required unpaid leave may be authorised. 3.2 Emergency Household/Domestic Leave Special leave may be requested to deal with an emergency requiring an employee s urgent and personal attention e.g. securing their property following a burglary. Authorisation of such leave would be appropriate where the circumstances are unforeseen and are unavoidable. Paid leave will be authorised in blocks of ½ hour with no more than 7.5 hours paid leave being authorised in a leave year. In exceptional circumstances where a member of staff is due to work more than a 7 ½ hour shift and is unable to attend for any of the shift, managers should deal with the situation sympathetically. If the activity takes less than a day, employees will be required to attend work or agree with their line manager that leave of another form is taken. 3.3 Emergency Dependants Leave Employees may request leave to deal with an unexpected or sudden problem concerning a dependant. Such emergencies may include but are not restricted to: Where a dependant falls ill or is injured or assaulted; To make urgent care arrangements for a dependant who falls ill or is injured; To deal with an unexpected disruption to or breakdown of care arrangements for a dependant; To deal with an urgent unexpected incident involving the employee s child during school hours. Paid leave under this category is to allow the employee to deal with the immediate emergency situation and make arrangements for any longer term requirements and as such it is not expected that more than one day s paid special leave will be granted on any occasion. Where additional leave is required managers will treat requests sympathetically and support the employee by granting annual leave, time owing or flexi time subject to service requirements. Additional leave will not be unreasonably refused. Unpaid leave will be considered where no other options are available. 3.4 Bereavement Leave In the event of the death of a dependant or close relative employees can request up to three day s paid bereavement leave including time for the funeral. Where the employee has responsibility for making arrangements for the funeral this may be increased to 5 days (1 week). Page 5 of 14

6 Paid time off of up to 1 day to attend the funeral of other relatives will be granted. An employee wishing to attend a funeral that is not of a family member may do so in agreement with their line manager but time off must be taken as flexi time, annual leave, time off in lieu or unpaid leave. Managers will deal with all requests sympathetically taking in to account their knowledge of the employee s family situation. In extenuating circumstances where managers believe that additional leave should be supported this should be discussed with the relevant Divisional/Executive Director. 3.5 Ordinary Parental Leave (Not Shared Parental Leave as per the Shared Parental Leave policy) All employees with at least one year s continuous NHS service are entitled to take up to 18 weeks unpaid leave per child if he/she is the birth or adoptive parent of a child who is under 18 years of age. In order to exercise the right to ordinary parental leave, the employee must apply for the leave on Appendix 3 no later than 21 days prior to the requested date. Leave shall not (other than where it relates to a disabled child) be taken in blocs of less than 1 week and no more than 4 weeks leave can be taken in any twelve month period. Where the approval of the leave would unduly disrupt Trust services, the employee s line manager will, within one week, discuss the application with the employee informing them why the leave cannot be taken at the requested time. In these circumstances, the Trust will allow the employee to take an equivalent period no later than six months after the date of leave requested. 3.5 Leave for Interviews Subject to the needs of the service, staff applying for posts within PAHT shall be granted leave with pay to attend job interviews. Leave without pay may be granted when a member of staff has an interview at another NHS organisation. In all cases the employee is required to provide appropriate proof of the interview. Where necessary and practical the employee should attend work on the day of the interview. Where staff have been declared at risk reference should be made to the Trust s redeployment guidelines. 3.6 Jury Service/Attendance at Court Employees called for Jury Service should inform their manager and the Payroll Department as soon as possible. When replying to the request from the court the employee should indicate that they are able to return to work if released from jury service for part days, for full days and early if not required for the full two weeks. In the event that a case is likely to last for more than two weeks, the juror will be asked whether this is likely to cause them any difficulties. Employees should ensure that they take staffing difficulties in to account in response to the question. Employees can claim back loss of earnings via the paperwork issued with the juror summons. These forms should be sent to the Payroll department immediately on receipt to allow for them to be returned prior to your attendance at court. Following confirmation of dates attended, The Trust will deduct an amount equivalent to the loss of earnings allowance that has been claimed from the tribunal service from the Page 6 of 14

7 employee s salary. In order to support the employee this will take place in the next available payroll (usually the following month). It is the employee s responsibility to ensure that notification is given to payroll of days attended in order to ensure that the correct amount is deducted. Should deductions not be made the employee must follow this up with the Payroll department. Additional costs incurred by the employee in terms for example of travel expenses, subsistence etc should be claimed directly from the courts. No additional payments will be made by the Trust. Employees attending court to answer charges should take annual leave, flexi time, time owing or request unpaid leave. Employees who are required to attend court as a witness on Trust business will be allowed paid leave. 3.7 Professional Leave Paid leave may be granted to support staff in taking part in activities within the wider NHS. This may include but is not restricted to supporting examining bodies, professional bodies and royal colleges. Leave should be agreed with the appropriate professional manager in line with the Absence policy career grade medical and dental staff EDH Magisterial Duties Employees must inform their line manager of their intention to apply to be a magistrate prior to any application being made. Up to thirteen days paid leave (pro rata for part time staff) will be allowed in any twelve month period subject to the needs of the service. Any special leave authorised for this purpose may be taken in days or half days as required, but the consent of the employee s manager must be obtained for each absence from duty. 3.9 Reserve and Cadet Forces Employees, who volunteer for service with the Reserve Forces or who, at the time of their appointment to the Trust, declare such membership, shall be granted two weeks additional paid leave for attendance at annual camp. Employees who are required to undergo short periods of training (normally on Saturdays and Sundays) additional to annual camp, which do not fall in their off duty time, may be granted special leave with pay for this purpose Council and Other Public Duties Employees who perform one of the following public duties may be granted subject to the needs of the service, reasonable unpaid time-off to fulfil their role: Local Councillor School Governor Member of Statutory Tribunal Member of Managing/Governing body of an educational establishment Member of Health Body Member of School Council Member of General Teaching Council Page 7 of 14

8 Member of Environment Agency Member of Prison Independent Monitoring Board Member of Police Authority 3.11 Career Breaks It is acknowledged that from time to time employees may require/benefit from longer period of absence from work. All employees with six months continuous service with the Trust are eligible to apply for a career break which can be used for: Child care; Elderly care; Extended study leave; Voluntary work; Career development; Travel and Other reasonable purposes as agreed with their line manager. Employees should make applications for a career break on the form at Appendix 4 and ensure that at least two months notice is given. Applications should not be for less than three months or more than five years in length. The decision to grant a career break rests with the employees line manager. Although every effort should be made to support the application it is acknowledged that this is not always possible. Where a manager does not feel able to support an application, they should arrange to meet with the employee to discuss the application and try to reach agreement. Where agreement cannot be reached, the line manager should write to the employee outlining the reasons for refusal. Where a career break is approved, it is important that employees both maintain skills to undertake the role and maintain an awareness of departmental and trust changes. Managers should therefore ensure that all routine Trust information is sent to the employee. Additionally, employees must undertake a minimum of 10 days per year (or greater if required to ensure compliance with professional body regulations) paid work in order to maintain their skills. Registration with professional bodies should be maintained throughout periods of career breaks. Where a career break is approved for 1 year or less, the employee will return to their old post as far as is reasonable. Where a career break is approved for longer than 1 year, the employee will return to the same or a similar post on the same grade on any site within the Trust. The duration of the career break will not be counted as reckonable service. It shall not, however, be regarded as a break in service and all periods of paid employment undertaken as part of the scheme shall be regarded as reckonable service. Annual leave, sick leave, maternity leave and redundancy entitlements shall not accrue during a career break other than for periods of paid work undertaken as part of the scheme as noted above. Superannuation contributions cannot be paid during a career break and will therefore result in no pensionable service being accrued for the length of the career break. Advice can be sought from the Payroll Department. The date of return from the career break should be agreed as part of the application process. One month before the end of the career break (three months where the break is for more than one year) the manager and employee should meet to confirm arrangements for a return to work. In the event that the employee s post is no longer available discussions about other available posts will take place at this meeting. Page 8 of 14

9 Where an employee wished to return to work earlier than agreed a minimum of two months notice should be given. If during the career break an employee decides against returning to work, they should notify their manager in writing, as soon as possible. If the career break is for more than one year, a re-orientation In to the ward/department should take place Appeals Appeals against a decision to not grant special leave should be progressed through the Appeals Stage of the Trust s Grievance Policy. 4. What do I need to do? 4.1 Employees Employees should: Take responsibility for making alternative arrangements to cover longer periods of absence that may be required. Apply for special leave using the appropriate documentation as described in this policy. For non-emergency situations, make use of annual leave, flexi time, time owing or flexible working wherever possible. 4.2 Line Managers Line managers should: Ensure that the policy is applied consistently and fairly and with compassion within their area of responsibility. Ensure that all instances of special leave are properly documented and recorded. 4.3 Director of Workforce The Director of Workforce will: Ensure that this policy is reviewed and updated as necessary. Ensure that managers have access to appropriate advice on the application of the policy. 5. References and Bibliography NHS Terms and Conditions of Service Handbook Page 9 of 14

10 6. Appendices Appendix 1 Appendix 2 Appendix 3 Appendix 4 Equality Impact Assessment Request for Special Leave Form Request for Ordinary Parental Leave Career Break Agreement Page 10 of 14

11 Age Disability Ethnicity / Race Gender Gender Reassignment Marriage & Civil Partnership Pregnancy & Maternity Religion/belief Sexual orientation Human Rights Carers Pennine Acute Hospitals NHS Trust Special leave policy EDH028, v3 Appendix 1 Equality Impact Assessment Equality Impact Assessment for To be completed by the Lead Author (or a delegated staff member) For each of the Protected Characteristics & equality & diversity streams listed answer the questions below using Y to indicate yes and N to indicate no: Please explain your justification 1. Does the practice covered have the potential to affect individuals or communities differently or disproportionately, either positively or negatively (including discrimination)? 2. Is there potential for, or evidence that, the proposed practice will promote equality of opportunity for all and promote good relations with different groups? 3. Is there public concern (including media, academic, voluntary or sector specific interest) in the document about actual, perceived or potential discrimination about a particular community? N N N N N N N N N N N The policy supports decisions around special leave being made irrespective of protected characteristic and fairly and consistently across the Trust Y Y Y Y Y Y Y Y Y Y Y N N N N N N N N N N N Your Name: Alison Brophy Your Designation:HRBP Signed*:Alison Brophy Date:11/5/16 To be completed by the relevant Equality Champion following satisfactory completion & discussion of answers above with author Equality Champion: Catherine Gardner Directorate: Workforce Date:11/5/16 Signed*: *Please scan or insert electronic signature Page 11 of 14

12 Special leave policy EDH028, v3 Appendix 2 Request for Special Leave Form This form is to be completed by the employee and authorised by the manager once the special leave has been granted. The employee should keep a copy for reference and a copy should be kept on the employee s personal file. Name of employee: Job Title: Type of Special Leave requested: Emergency Household Leave Emergency Dependent Leave Bereavement Leave Job interview Jury Service/Court Attendance Career Break Magisterial Duties Reserve/Cadet Forces Parliamentary/Council Duties Other type(s) of leave Reasons for Requesting Special Leave: Where applicable please provide reason(s) for applying for leave: Number of day s requested No of days granted with pay No of days granted without pay Previous Special Leave Taken: Where appropriate please list any special leave taken in the leave year. Type of leave From To No. Days I declare that the information I have provided above is correct. Signature of Employee: Signature of Authorising Manager: Date Page 12 of 14

13 Special leave policy EDH028, v3 Appendix 3 Request for Ordinary Parental Leave Form This form is to be completed by the employee and authorised by the manager. The employee should retain a copy and a copy should be kept in the individual s personal file. Name of employee: Name of Manager: Department/Site: Name of child/children: Date(s) of birth of child/children: Date from which leave is requested: Date on which leave will end: Is the child: Disabled Adopted Note: Any employee who applies for and takes parental leave agrees that the Trust shall have no liability to pay him/her during that period. I declare that the information I have provided above is correct. Signature of employee: Signature of authorising manager: Date: Page 13 of 14

14 Special leave policy EDH028, v3 Appendix 4 Career Break Agreement This form should be completed and signed off by the manager and the employee. A copy should be retained by the employee for reference and a copy retained on the employee s personal file. Employee s Name: Department/Site: Manager s Name: Employee s Declaration I hereby declare my intention to take a career break from to (provisionally agreed dates) in accordance with the Trust s Career Break Scheme. I confirm that I have read and agreed to the terms of the scheme, and that I will fulfil my obligations under these terms. Signed: Dated: Managers Declaration I hereby grant a Career Break to under the terms of the above named policy to be taken from to (provisionally agreed dates). I confirm that I have read and agreed to the terms of this scheme, and that I will fulfil my obligations under these terms. Signed: Dated: Page 14 of 14