Flexible Working A Guide for Managers and Staff Reference Number:

Transcription

1 This is an official Northern Trust policy and should not be edited in any way Flexible Working A Guide for Managers and Staff Reference Number: NHSCT/12/548 Target audience: This policy is applicable to all staff Sources of advice in relation to this document: Rosemary McFerran, Assistant Director Human Resources Jacinta Melaugh, Director of Human Resources Replaces (if appropriate): Legacy Policies on Flexible Working Type of Document: Trust Wide Approved by: Policy Committee Date Approved: 31 May 2012 Date Issued by Policy Unit: 7 June 2012 NHSCT Mission Statement To provide for all the quality of services we would expect for our families and ourselves

2 Flexible Working in Northern Health & Social Care Trust A Guide for Managers and Staff 1

3 CONTENTS INTRODUCTION 3 SECTION 1 - WORKLIFE BALANCE POLICIES Page CAREER BREAK 4-9 JOB SHARING PART-TIME WORKING 15 VOLUNTARY REDUCED WORKING TIME 16 COMPRESSED WORKING TIME 17 SUMMER TERM TIME WORKING 18 PERSONALISED HOURS 19 FLEXIBLE WORKING (LEGISLATIVE REQUESTS) SECTION 2 - SPECIAL LEAVE POLICIES EMERGENCY LEAVE TIME-OFF FOR DEPENDANTS PARENTAL LEAVE ADOPTION LEAVE 33 PATERNITY LEAVE APPENDICIES APPENDIX 1 Application for Flexible Working APPENDIX 2 Application for Flexible Working (Legislative Requests) 2

4 INTRODUCTION The Northern Health and Social Care Trust recognises that many staff strive to balance work responsibilities with other home responsibilities. There are a number of policies in existence which aim to support staff to achieve this balance. This document aims to collate all these policies into one guide, which will be of benefit to both managers and staff. Target Audience This policy is applicable to all staff. Equality, Human Rights and DDA This policy has been drawn up and reviewed in light of Section 75 of the Northern Ireland Act (1998) which requires the Trust to have due regard to the need to promote equality of opportunity. It has been screened to identify any adverse impact on the nine equality categories and no significant differential impacts were identified, therefore, an equality impact assessment is not required. Alternative formats This document can be made available on request on disc, larger font, Braille, audio-cassette and in other minority languages to meet the needs of those who are not fluent in English. Sources of advice in relation to this document The policy author as detailed on the policy title page should be contacted with regard to any queries on the content of this policy. 3

5 Career Breaks 1. Introduction A career break is a period of planned, unpaid special leave, lasting for a specific period of time, where an employee is entitled to return to the Trust at the end of that period. There is no guarantee that the employee will return to his/her own post or grade. However, depending on service requirements, every effort will be made to identify a suitable post for the individual at the same grade. This scheme applies equally to men and women. It does not affect other arrangements for granting unpaid leave. 2. Objectives The objectives of the career break scheme are: to facilitate employees who wish to take a career break; to retain skills and expertise within the Trust; and to provide new job opportunities in the Trust. 3. Purpose A career break may be allowed for employees who: are taking prime responsibility for the care of children, are adopting children, have to care for elderly and/or disabled relatives or other dependants, or for education or personal development purposes, which will include: vocational opportunities such as: - vocational educational courses - opportunities to do charitable work - voluntary work at home or abroad e.g. Voluntary Services Overseas (VSO) 4

6 educational opportunities which may not strictly be related to the working environment, or which the employee wishes to pursue on a full-time basis, college/university courses, educational opportunities overseas, any other educational opportunity, travelling/living abroad because of a partner's employment, other travelling opportunities, working abroad, where there is a gain to Trust in terms of the experience gained. A career break will not normally be allowed for the primary purpose of taking up alternative salaried or wage earning employment except where, for example, work overseas or charitable work could broaden experience, or where supplementing income whilst furthering education. In such circumstances, written authority from the Trust would be necessary. Requests for career breaks for other reasons will only be considered in exceptional circumstances and on the merits of the application. 4. Eligibility The scheme is open to all employees with continuous service of at least twelve months in the employing authority. Each application will be considered on the merits of the individual case. However it may not be possible to grant release in every case because of the needs of the service. Applications from employees in scarcity grades will require careful consideration and release may depend on suitable replacements being available. Applicants will be advised in writing by their line manager of the reasons for a refusal. Applicants will have access to the grievance procedure in matters arising from the application of the scheme. 5. Duration and Number of Career Breaks The total period of special leave without pay available to an individual employee for career break purposes will not exceed a maximum of five years during employment with the Trust. The minimum duration of a career break will be three months. A career break may be taken as a single period or as more than one period, not exceeding the maximum 5

7 five years permitted. The length of employment between career breaks must be at least equal to the length of the preceding career break. A career break may be extended up to the maximum period permitted (five years). If an employee wishes to extend their career break, they must give three months written notice of this to their manager. The employee should indicate where possible to their manager before commencing a career break if an extension is a possibility, and, if so, agree the period of notice required, particularly if a short period e.g. three months is requested. The length of any career break approved should balance the needs of the employee with the needs of the service. 6. Conduct during Career Breaks During a career break the employee will be subject to all normal regulations as to conduct. Disciplinary action may be taken where appropriate. 7. Applications Applications giving at least three months' notice (unless circumstances make it impossible) should be made to the line manager on the standard form and should state the purpose of the career break and the period of time for which it is being sought. Any outstanding arrangements such as lump sum payments in connection with car allowance, car loans, car leasing, etc will need to be resolved by the employee before agreement can be given to a request for a career break. The date on which a career break begins will be a management decision taking into consideration the circumstances of the application and the likely time lag in filling the vacancy. Employees on a career break should provide their manager with a forwarding address, and they will be responsible for keeping the information up-to-date. The line manager will process this to the Human Resources department using a Notification of Change form in the usual way. Employees on a career break may be required to return to work for a period of up to a maximum of ten days per year, in order to keep abreast of changes and developments in the service. The number of returner days that an employee will be required to work will be determined by the Head of Department. Employees will be paid for the 6

8 number of days worked. Certain groups of professional staff will have a requirement to work a specified number of returner days. 8. Continuity of Service Periods of service before and after a career break will be treated as continuous for conditions of service purposes. The period of the break should count towards continuous employment for statutory purposes. Other provisions which depend on length of service i.e. pensions, contractual redundancy payments, leave entitlements etc. should be suspended for the period of the career break. Employees should consult the Payroll Department or HSC Pensions Branch about their pension position. 9. Return to Work Where an employee returns to work within one year, they will return to the same post, as far as is reasonably practicable. In other circumstances, while no guarantee of a return to a particular post can be given, every effort will be made to place individuals in as similar a post as possible. Those returning from a career break of less than one year must give two months notice of their return. If the break is more than one year, the notice requirement is six months. The scheme provides for an earlier return to work than originally anticipated by the employee. Employees should alert their manager on application for a career break if an early return may be a possibility. However, this must be agreed by management and will depend on how the post has been filled in the interim. For example, if the post has been filled on a permanent basis, a suitable alternative post will have to be sought for the employee, and, depending on availability of posts, this may take some time to achieve. If the post has been filled on a temporary basis, the nature of the contract given to the temporary employee will have to be honoured and it may be the employee wishing to return early from their career break may have to be accommodated in another post in the interim, if an alternative post is available. If a suitable alternative post is not available, then it is unlikely that an early return will be facilitated. In reaching the decision on availability and suitability of a post, the following factors will be taken into account: There must be a vacancy at the same or lower grade within a reasonable timescale (three months before and up to three months after the end of the career break). The employee must meet the normal recruitment and selection criteria for the post. 7

9 The employee must have met the updating criteria established at the beginning of the career break or any other training/reinduction that becomes apparent as being required. On return, the employee will retain their equivalent salary, reflecting pay awards during their career break. Where an employee is relocated, excess travelling expenses will not be paid. If an employee returns to a lower banded post, then they will be paid the appropriate wage/salary for that post. If prior to the commencement of a career break an employee was working in a part-time/job sharing arrangement, every effort will be made to allow them to return on that basis. 9.1 Finding a post for an employee returning from a career break It will remain the manager's responsibility to keep in touch with the employee, and to track the duration of the career break. If the employee is returning to their previous post, there is no action required, other than the manager completing the necessary documentation. If the employee s post has been filled permanently and returning to that post is not an option, as the manager has been tracking the career break, he/she must: ascertain from the employee that they still wish to return to work following their career break. This must be done three months before the end of the career break. alert Human Resources that a career break employee will be returning to work in three months or resigning. If returning, management in the Directorate, in conjunction with Human Resources will work together to find a suitable post from the vacancies/terminations coming in to the department. Employees who take career breaks of more than one year's duration must contact their manager at the end of each 12 month period to confirm their intention to return to their employment. Employees who are unable to resume duty on the due date because of illness will be required to produce supporting medical documentation, and will be referred to Occupational Health. 8

10 A employee who does not comply with the terms of the career break scheme may not be considered for re-employment under the terms of the scheme. 10. Promotion Employees will be free to apply for promotion during career breaks. However they would have to accept the promotion at the time of offer and take up duties when required. It is the employee s own responsibility to keep themselves informed of job opportunities in the Service. 11. Social Security Arrangements It is the responsibility of individual employees taking a career break to contact the Department of Health, Social Services and Public Safety through the local Social Security Office, to determine whether they are entitled to any benefits and to check the position with regard to National Insurance Contributions. 12. Variations The terms of the scheme are capable of variation by agreement between the Trust and the individual employee on the scheme. 13. Review of Policy In order to assess the operational effectiveness of this policy, a review will be undertaken bi-annually. 9

11 Job sharing Job sharing occurs when the duties of a full-time/part-time post are divided between two or more employees. These employees also share the responsibilities of the total job with the terms and conditions of service being divided proportionately on the basis of the hours worked. 1.0 OBJECTIVES 1.1 The objectives of the job sharing scheme are: - to enable the Trust to retain the skill and expertise of employees who are no longer able or who do not wish to continue in fulltime employment. - to facilitate employees who wish to continue working at the same time as meeting other personal commitments. - to provide new job opportunities in the Trust. - to provide an opportunity for employees to return to employment within the Trust. 2.0 ELIGIBILITY 2.1 All employees who have satisfactorily completed their probationary period (following basic training) in their current post may initiate an application to participate in the job sharing scheme. 2.2 Each application will be considered on its individual merits taking into account the needs of the service. 2.3 Applications by employees to participate in the job sharing scheme can be in one of two forms: 10

12 application by a post-holder to have the post considered for job sharing. applications to participate in an advertised job share arrangement. 2.4 Employees will be advised of the outcome of their application at the earliest opportunity. Where a request has been refused, written reasons for the decision must be given and the employee will have recourse to the grievance procedure up to employing authority level. 3.0 APPLICATION BY A POST-HOLDER TO HAVE THE POST CONSIDERED FOR JOB SHARING 3.1 An employee interested in participating in a job share arrangement may approach his/her Line Manager/Head of Department in the first instance. 3.2 The Line Manager/Head of Department in consultation with the Human Resources Department will give consideration to the application and the final decision will rest with the Head of Department. 3.3 Where possible, a suitable partner, (i.e. from among employees of the same grade), should be sought from within the department/facility. If this is not possible, the job share vacancy will be advertised and will be open to all those who meet the essential shortlisting criteria for the post and who can work the appropriate hours of work. A request to job share cannot be refused solely because a suitable partner is not readily available. 4.0 TERMS AND CONDITIONS OF EMPLOYMENT 4.1 Each job sharer will be issued with an individual Contract of Employment and a Job Description which clearly defines the duties and responsibilities of the post. 11

13 4.2 Terms and Conditions of employment which will be applied on a prorata basis subject to eligibility will include: Salary/Wage Holidays Occupational Sick Pay Maternity Leave Annual/Study Leave Bank Holidays will be shared between job sharers on a pro-rata basis. Mental Health Officers who are considering job sharing should note that their Mental Health Officer status may be adversely affected. 4.3 Where a job sharer accepts the offer of a post in a location different from their current post, he/she will not be entitled to payment of excess travelling expenses. 4.4 The appointment to a job-share position will be subject to the successful completion of a six-month probationary period. The probationary period will enable managers to assess the suitability of participants and the feasibility of the job sharing situation. 4.5 If it is found that a participant's performance or conduct is not satisfactory this would be dealt with in the normal way through existing Trust procedures. 4.6 If it is found that the job sharing initiative has not succeeded the job will revert to a full-time post. The job sharers will be offered the opportunity of returning to their previous contracted hours or reasonable alternative job share positions will be sought. The existing job share arrangements will continue until alternative arrangements can be made. 4.7 Every effort will be taken to ensure an equal balance in the division of responsibility for the job among the job sharers. 12

14 4.8 Managers must ensure that job sharers where necessary work an appropriate number of common hours to exchange information and update each other on work issues. 5.0 COVER FOR SHARERS Where one sharer is unable to work for a reason such as illness or maternity leave the partner may be offered the opportunity to cover the hours of the absent sharer in the first instance. If the partner is unable to cover those hours management will make the most appropriate arrangements to cover the duties of the absent partner. Where one sharer leaves the post, the remaining partner may be offered the post on a full-time basis and if this is not accepted, the job share vacancy will be filled as per section TRAINING AND DEVELOPMENT FOR JOB-SHARERS Line Managers should identify training needs of job sharers and take appropriate action. 7.0 PROMOTION Job sharers will be free to compete for promotional posts in the same way as full-time employees and retain no automatic right to job share. 8.0 OVERTIME When sharers work beyond their normal hours but not outside the normal working hours sharers are to be paid for the extra time on normal rates or to take time-off in lieu subject to agreement with line management. Only where hours are in excess of the normal full time hours for the grade will extra hours be paid at overtime rates. 13

15 9.0 CAR ALLOWANCE Job sharers will be assessed with regard to their eligibility for inclusion in the Car Lease Scheme in the normal way REVIEW OF POLICY In order to assess the operational effectiveness of this policy, a review will be undertaken bi-annually. 14

16 Part-time working Introduction Subject to approval, part-time working allows staff to reduce their full-time hours to less than the normal working week. Objectives Part-time working may be attractive to individuals who wish to devote more time to pursuits outside the working environment or who have caring responsibilities. Applications Apply in writing on the standard form to the line manager; Outline the preferred pattern of working and proposals as to how the duties of the post may be affected; If approved, an amendment to the contract of employment will be issued; Terms and conditions will be applied on a pro-rata basis; There will be implications for pension entitlement under the HSC Superannuation Scheme it takes longer to accrue service when working part-time. 15

17 Voluntary Reduced Working Time Introduction Subject to approval, this allows staff to have the option of reducing their working hours for a specified period of time, with a right to resume their original hours at the end of the period. Time off will be taken on a regular basis, as a reduced day or week. At all times, service provision must be guaranteed. Objectives This style of flexibility is essentially short term in nature, up to a maximum of 6 months, so it may be attractive to staff who have to cope with personal needs of a short-term nature, or who may wish to try out reduced hours, while retaining the security of being able to return to full-time hours. Applications Apply in writing to the line manager; Outline the preferred pattern of work, period of reduced time requested and proposals as to how the duties of the post may be affected; There will be no automatic right to continue to work reduced hours at the end of the specified period; Terms and conditions will be applied on a pro-rata basis for the period of reduced time worked; There will be implications for pension entitlement under the HSC Superannuation Scheme it takes longer to accrue service when working part-time. 16

18 Compressed Working Time Introduction Subject to approval, compressed working time is an option where full-time employees wish to continue to work their full-time hours, but over a shorter working time than the standard 5 day working week. This enables the employee to remain full-time while working fewer days per week or fortnight. At all times, service provision must be guaranteed. Objectives This form of working will be most suitable for those working Monday to Friday 9 to 5 working patterns. This does not preclude those working shifts or rotas from participating in this form of working, but, in this scenario, it would require a number of people to be willing to participate in this style of working to ensure service provision and safe systems of work. It will suit staff who want more time outside work, but who want or need to retain a full-time wage/salary. Applications Apply in writing on the standard form to the line manager; Outline the preferred pattern of work e.g. 4 x 10 hours 15 mins days less 1 hour per day for lunch = 37.5 hours per week worked; Outline how the duties of the post may be affected and how this could be accommodated; Annual leave entitlement may be converted into hours; The arrangement will be subject to a probationary period of 6 months to determine its suitability. If deemed unsuitable, the post will revert to its previous working pattern. 17

19 Summer Term Time Working Introduction Subject to approval, term time working allows staff to remain on a permanent contract, but take unpaid leave during summer school holidays. Normally, the part-time wage or salary for the job is divided equally between the twelve months of the year, so that the employee is not in a position where they are receiving no pay for some months of the year. At all times, service provision must be guaranteed. Objectives Term time working is likely to be most attractive to those with parental responsibility for children of school age, where they would wish to spend more time with them during the summer school holidays, or where child-minding arrangements may prove difficult during summer holiday periods. Applications Apply in writing, on an annual basis, on the standard form to the line manager by the end of February each year; Outline the desired period of leave over the summer period; Outline proposals as to how the duties of the post might be affected and suggestions as to how this could be accommodated; Terms and conditions will be on a pro rata basis; Staff will be expected to utilise some of their annual leave entitlement to supplement the summer leave period required. This is to ensure that they spread out their annual leave during the year and are not in a position later in the leave year where they have a large amount of annual leave to take at a time when it may put pressure on service provision; As with other forms of part-time working, there will be implications for pension entitlement under the HSC Superannuation scheme. 18

20 Personalised Hours Introduction Subject to approval, personalised hours is an arrangement whereby an individual comes to an agreement with their manager regarding the pattern of their working time. For example, an individual may wish to opt for flexible weekly hours, where a number of hours must be worked in the week, but there may be a need to work variable hours each day, depending on personal needs. Alternatively, an individual may opt for daily staggered hours, e.g. working from 8.00 am am and from 2.30 pm 6.00 pm. At all times, service provision must be guaranteed. Objectives Personalised hours may be attractive to a range of people, especially those who have caring responsibilities, and who may have to assist with personal care tasks such as cooking or feeding. Applications Apply in writing on the standard form to the line manager; Set out the preferred pattern of working; Identify potential impact of the revised arrangement on the duties of the post, and suggest ways in which this can be overcome/accommodated; The arrangement will be subject to review by the line manager after a 6 month period. If deemed unsuitable, the post will revert to its previous working pattern. 19

21 Flexible Working Regulations legislative requests Introduction The right to request flexible working was introduced in 2003 via the Employment Rights (NI) Order 2002 for parents of young and disabled children and the scope of the law was extended to carers of certain adults in From 18 July 2010, the right extended to parents of children aged 16 and under. This document deals specifically with requests for flexible working made in accordance with these regulations. What is flexible working? Flexible working refers to a range of possibilities such as part-time working, compressed working hours, job sharing etc. It essentially means providing employees with opportunities to carry out their work in ways that better suit their needs, taking in account the needs of the Service, of course. Eligible employees can make a request to: Change the hours they work; Change the times when they are required to work; or Work from home (whether for all or part of the week). It should be noted that the interpretation of the regulations is that they relate to a right to request to work flexibly within the employee s current post. The provisions of the regulations should not, therefore, be seen as an opportunity to request or obtain a transfer to another post, for which there are separate provisions. Eligibility To be eligible to make a request under this right, employees must: Have worked for the Trust continuously for 26 weeks at the date of application; Not have made another application to work flexibly under the right during the past 12 months. The regulations apply equally to men and women and to temporary and permanent employees. 20

22 A parent, to be eligible, must: Have a child under six (prior to July 2010), aged 16 or under (from 18 July 2010) or a child under 18 who receives Disability Living Allowance (DLA); Have responsibility for the upbringing of the child and be making the application to enable them to care for the child; Be the parent, guardian, special guardian, adopter or foster parent or private foster carer of the child or a person who has obtained a residence order in respect of the child; Married to, the partner or civil partner of the above. A carer, to be eligible, must: have (or expect to have) responsibility for the care of an adult aged 18 or over; be making the application to enable them to care for that person; be either the cared-for person s spouse, partner, civil partner or relative; or (alternatively) be living at the same address as the person receiving care (in this last case the employee s relationship to that person is not relevant to the request). A relative is defined as: mother, father, adopter, guardian, special guardian, parent-in-law, stepparent, son, son-in-law, step-son, daughter, daughter-inlaw, step-daughter, brother, brother-in-law, step-brother, sister, sister-in-law, step-sister, uncle, aunt or grandparent. Half-blood relatives are also included, as are adoptive relationships and relationships which would have existed but for an adoption i.e. an employee s natural relatives. Care is not narrowly defined, as this can vary considerably from adult to adult. However, some examples are given (not an exhaustive list): help with personal care, giving/supervising medicines, emotional support, practical household tasks etc. Provisions of the Regulations 1. Only one application a year can be made (regardless of whether another application was made for a different caring responsibility). 2. Eligible employees must apply in writing using the standard form (Appendix 2) stating that they are making the application under the statutory right. This application must include their relationship to the child or adult, reference to the preferred pattern of working, the proposed date they would like it to become effective and whether they have made a previous application (and if so, when). 21

23 3. The employee must also have given consideration to, and outlined, the effect that such a change would have on their work and how, in their opinion, any such change might be accommodated. 4. There is nothing in the regulations to preclude an employer from agreeing to allow an employee to work flexibly, but subject to conditions agreed in advance, for example, for a limited or predetermined trial period. An accepted application will be considered as a permanent change to the employee s terms and conditions of employment, unless agreed otherwise. 5. The application must be signed and dated. Procedure to be followed Applications will be considered by the line manager. The level of management that can consider such applications will be a matter for individual Directorates to decide. The line manager should acknowledge receipt of the application, indicate that they will be arranging a meeting within the required timescales and inform the employee of their right to be accompanied at the meeting. The line manager must meet with the employee within 28 days of receipt of the application to consider the request. If this is not possible, the manager should seek the employee s agreement to extend the period. This meeting provides both the manager and the employee with an opportunity to discuss in detail the application and how it might be accommodated. Alternatives or compromises can also be discussed if there are potential difficulties with the particular pattern of working that the employee has proposed. Employees have a right to be accompanied at this meeting and the meeting must be held at an appropriate time and place convenient to both parties. If the companion is unable to attend the meeting, the employee should re-arrange. A note of the main points of the meeting must be kept and copied to the employee. If an employee wishes to withdraw an application, this withdrawal must be confirmed in writing. If this is not forthcoming, the line manager should write to the employee to clarify that the application is withdrawn. Similarly, if an employee fails to attend the meeting, the meeting will be re-arranged. The line manager must respond to the application, in writing, within 14 days of the meeting. This response should include the following: Where the application has been agreed: A description of the new working pattern. The date from which it is to take effect. 22

24 The date for review of the arrangement where appropriate. It must be signed and dated by the manager, with a copy for the employee to sign and return in acceptance of the arrangement. Managers must make sure that, where the agreed change affects contract and/or Payroll issues, these are notified to the Human Resources Department by means of a Notification of Change form in the usual manner. The employee s signed acceptance of the change must also be copied to the Human Resources Department. Where the application has been refused: The business (or service) grounds for the refusal. A sufficient explanation as to the reasons for refusal. A statement that the employee has a right of appeal and the timescale for doing so. It must be signed and dated by the manager. The employer is only able to refuse applications where there is a clear business reason(s). These are specified and can only be for the following reasons: Burden of additional costs to the business. Detrimental effect on ability to meet customer demand. Inability to organise work among existing employees. Detrimental impact on performance. Inability to recruit additional staff. Insufficiency of work during the period the employee proposes to work. Planned structural changes. The explanation should include the key facts about why the business ground applies. These should be accurate and clearly relevant to the business ground. The aim is to explain to the employee why the request cannot be accepted as a result of the business grounds that apply. If the employee wishes to appeal against the decision, they must do so within 14 days of receipt of the letter. This appeal must be in writing and be to the relevant Assistant Director or their nominee. They must set out the grounds of their appeal and sign and date the appeal. The Assistant Director or their nominee should acknowledge receipt of the appeal request and indicate that a meeting will be arranged within the required timescales. The employee should be informed of their right to be accompanied at the meeting. A meeting to consider the appeal must be held 23

25 within 14 days of receipt of the appeal request. A note of the main points of the meeting must be kept and copied to the employee, and the attached proforma completed. The Assistant Director or their nominee must notify the employee of the outcome of the appeal, together with the reasons, within 14 days of the appeal meeting. Where the appeal is successful, the content of the letter will be as for a successful application as specified above. Where the appeal is unsuccessful, the content of the letter will be as for an unsuccessful application above (minus, of course, the right of appeal in this instance). This is the end of the formal procedure. Assistant Directors (or their nominees) must make sure that, where the appeal is successful and results in a change to the working arrangements, this agreed change (where it affects contract and/or Payroll issues), is notified to the Human Resources Department by means of a Notification of Change form in the usual manner. The employee s signed acceptance of the change must also be copied to the Human Resources Department. The time limits set out above may be extended if both the employer and employee agree. This variation in time limits should be recorded in writing and confirmed in writing to the employee to prevent any misunderstandings. For example, the line manager (or Assistant Director or their nominee in considering an appeal) may wish for an extended period of time to gather more information and research the implications and practicalities around a particular application before coming to a decision. Review This procedure will be reviewed bi-annually. 24

26 Special Leave to balance work with domestic responsibilities Scope Emergency Leave The aim of such leave is to provide a compassionate response to immediate/unforeseen needs in emergency situations. It will be essentially short-term and this type of leave is paid leave. The period of leave granted will range from one half-day to twelve days in any twelve month period. No period of emergency leave will exceed three days. Eligibility All employees will be eligible to apply for emergency leave, irrespective of length of service or employment status. Availability Emergency leave is available for the following reasons: illness of a child/close relative (immediate family or dependant) breakdown of normal carer arrangements making arrangements for longer term coping with a care problem Emergency leave will only be available up to a maximum of four times in any twelve month period, and will not, in any circumstances be granted retrospectively. It will not be granted to employees to deal with planned events, such as planned admissions to hospital. In respect of short-term contracts, the entitlement will be available on a pro rata basis. Managers and employees should note that there is no automatic right to three days paid leave in the above circumstances. Managers should grant the amount of leave they feel appropriate given the individual circumstances of each situation. In respect of employees whose working patterns are other than 9 to 5, the leave should be applied as follows: Working part-time, mornings only: emergency leave will be up to a maximum of three mornings per period. Working part-time, 2 days one week, 3 days the next week: emergency leave will be up to a maximum of 2 days or 3 days per period depending on the week in which the emergency arises. 25

27 Working shifts longer than 7.5 hours: for emergency leave, 1 day equals 1 shift up to a maximum of 3 shifts per period. In respect of part-time staff, the provision will be pro rata to the number of days and hours worked. Managers may wish to consider converting the provision into hours in respect of full-time and part-time staff who work twelve hour shifts. Procedure for applying for emergency leave If an employee is unable to attend work and wishes to apply for emergency leave, he/she must contact the Head of Department by 10 am on the first day of absence (or at least 2 hours before the commencement of a shift). Heads of Department/Managers will be responsible for approving such leave and ensuring the appropriateness of granting emergency leave in each individual case. Appeal If an employee is dissatisfied with the application of the above policy, they may seek redress for this through the Trust s Grievance Procedure. Employees should note that, under the grievance procedure, they should discuss the matter informally in the first instance with their line manager. Only where it has not been possible to resolve the issue in this matter should the formal procedure be initiated. 26

28 Time off for Dependants The right to time off for dependants is set out in the Employment Rights (NI) Order 1996 as amended by the 1999 Order, and came into effect on 15 December Eligibility All employees will be eligible for time off for dependants irrespective of length of service or employment status. Availability Time off for dependants leave allows an employee to take a reasonable amount of unpaid time off during their working hours to deal with certain unexpected or sudden emergencies and to make necessary longer-term arrangements. The legislation does not define the amount of time that is reasonable, since this will vary according to the circumstances of the emergency. For most cases, one or two days should be sufficient to deal with the problem. The emergency must involve a dependant of the employee. A dependant is the husband, wife, partner, child or parent of the employee. It can also include someone living in the same household as the employee, but does not include tenants, boarders or employees (such as a housekeeper) living in the family home. In cases of illness or injury, or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance e.g. an aunt who lives nearby, or an elderly neighbour living alone. The circumstances in which the right can be used are: when a dependant falls ill, or is injured or assaulted; when a dependant is having a baby; to make longer-term care arrangements for a dependant who is ill or injured; to deal with the death of a dependant (separate to the provisions under compassionate leave provision); to deal with unexpected disruption or breakdown of arrangements for the care of a dependant; or to deal with an unexpected incident which involves the child of an employee during school hours. 27

29 The right is intended to cover genuine emergencies. If employees know in advance that they are going to need time off, they should ask for leave in the usual way. This may involve taking annual leave or other forms of leave provided by the Trust. If the need relates to their child, they may be entitled to take Parental Leave. Procedure Employees wishing to apply for time off for dependants are required in all but exceptional circumstances, to contact their Head of Department/Manager by am on the first day of absence (or at least 2 hours before commencement of a night shift) to seek approval to take such leave. Exceptional circumstances would include, for example, an emergency admission to hospital. Heads of Departments/Managers must approve such leave and ensure the appropriateness of granting it in individual circumstances. All requests for time off for dependants must be confirmed in writing as soon as is reasonably practicable. Managers must notify Human Resources and Payroll of any periods of unpaid leave, which are taken, by means of a Notification of Change form. There is no limit to the number of times an employee can be absent under this right. 28

30 PARENTAL LEAVE The right to Parental Leave was introduced by the Maternity and Parental Leave Regulations (NI) 1999, which has been amended a number of times since. Aim of the Scheme Parental Leave is a right for eligible employees to take unpaid time off work to look after a child or make arrangements for the child s welfare. Parents can use it to spend more time with children and strike a better balance between their work and family commitments. Parental leave is not granted for the purposes of participating in alternative employment. Scope Parental Leave is distinct from carers, maternity and paternity leave, for which separate provisions apply, and is applicable to both men and women. It is available to employees who have a baby or adopt a child and have completed one year's continuous service with the Trust by the time they want to take the leave. The following conditions must be satisfied: They are the parent (named on the birth certificate) of a child who is under fourteen years old. OR They are the parent of a child with a disability who is entitled to a disability living allowance, in which case, the entitlement can be used until the child's 18th birthday. OR They have adopted a child under the age of eighteen. The date of placement is the date when a child is placed by an external agency into a family home prior to formal adoption. There may be occasions when there is no date of placement: for example, if the child is already in a family when a step-parent formally adopts the child in the place of a parent. In such cases, the period in which leave can be taken starts when he or she acquires parental responsibility until the child's fourteenth birthday. OR 29

31 They have acquired formal parental responsibility for a child who is under fourteen years old. OR they have nominated caring responsibility for a child in the eligible categories. Provisions of the Scheme Parental Leave may be taken to look after a child or make arrangements for the good of the child. Requests for leave need not be connected with the child's health, so, for example, settling a child in at a new playgroup would be an appropriate reason. Other examples might include: to spend more time with the child in early years to accompany a child during a stay in hospital checking out new schools settling a child into new childcare arrangements to enable family to spend more time together, for example, taking the child to stay with grandparents. The provisions of the Trust's Parental Leave Scheme are: This leave is unpaid. Periods of parental leave will be treated as continuous for conditions of service purposes. Any period of special leave without pay for parental leave will not count for superannuation purposes; therefore employees should consult their local Salaries and Wages Department about their superannuation position. An overall maximum of 13 weeks unpaid parental leave per child under 14 years old - with all employers. (In the case of parents of disabled children, the overall maximum is 18 weeks) The leave can be taken as flexibly as desired up to the overall maximum. The minimum period is a half-day, and the leave will be permitted in patterns which provide a part-time or reduced hours working arrangement for a period of time equivalent to taking 13 weeks as a single block. In the case of multiple births (e.g. twins) 13 weeks unpaid leave for each child. (18 weeks for each disabled child) 30

32 In the case of part-time workers, unpaid leave will be in proportion to the time worked, so someone who works 2 days a week will have the right to 26 days leave. The right to unpaid parental leave is an individual one and is nontransferable. This means that both parents can take 13 weeks unpaid parental leave (18 weeks for parents of disabled children) if both are working, but they will not be able to add together their entitlements so that one worker can take more than 13 weeks, (or more than 18 weeks for parents of disabled children) and the other less. The employee will return to their same job after parental leave. If training and/or a flexible return are necessary this will be considered. Parental leave can be added to periods of paternity or maternity leave if desired. Procedure Employees wishing to apply for parental leave are required to apply in writing to their manager giving a minimum of 7 days notice in writing before the day an employee proposes to take the leave. The employee must give notice of the exact day on which parental leave will start. This may not be possible in some cases, for example, fathers who want to take leave straight after the baby is born or prospective adoptive parents who want to take leave straight after the child is placed with them for adoption, and parental leave may be granted to employees who have not given the required notice in special circumstances at the discretion of the Trust. The Trust has the discretion to postpone parental leave in the interests of the needs of the service, but this is limited to exceptional circumstances only and not in instances where it is requested to coincide with the birth or adoption of a child. The period of postponement may be for no more than six months from the date on which the employee wanted to start parental leave. Guidelines for managers The right to parental leave is a legal entitlement. All requests for parental leave should be considered on an individual basis, but managers should ensure consistency of approach, as far as is reasonably practicable. Part of the manager's consideration must be the provision of cover or re-allocation of work for the period of parental leave. It will be reasonable for managers to ask to see proof of a child's age to establish eligibility for parental leave - a birth certificate will be the standard document to request. 31

33 In cases where the child was born or adopted between 15 December 1994 and 14 December 1999, the manager can ask to see evidence of service with a previous employer, where that period of service is being used in determining entitlement to parental leave. The manager must reply in writing to the request for parental leave as soon as possible, but at least within a time equal to the amount of leave requested. For example if one week's leave is requested, the manager must reply at least one week before first day of leave requested. In cases where it is necessary to postpone the employee s parental leave, the manager and employee should try to agree a suitable time when the leave can be taken, but if they cannot, the manager is responsible for guaranteeing that the employee can take the leave at a time, no more than six months ahead, which best fits the needs of the Trust and the needs of the employee. This must be confirmed in writing. If this means that the leave is postponed beyond the statutory limits, the parent still has a right to take it. Managers should note that postponement should only be considered in exceptional circumstances, and that every effort should be made to accommodate the request for parental leave. Managers must keep records of parental leave granted, as the overall maximum leave available is 13 weeks per child, (18 weeks in respect of disabled children) with all employers. Therefore this information will be required at a later date if the employee leaves, for entry on staff transfer forms or other relevant documentation. Managers should notify Payroll immediately by phone, and followed up by notification of change, of any parental leave taken. Managers should also indicate on termination documentation to Human Resources how much, if any, parental leave has been taken. Appropriate action, in accordance with the Trust procedures, should be taken if an employee tries to claim parental leave dishonestly. Guidelines for employees During parental leave the employee will be subject to all normal regulations as to conduct and appropriate action will be taken if the employee does not maintain the required standards. If an employee feels that their request for parental leave has been postponed unreasonably, they can initiate the Trust's grievance procedure. 32

34 Adoption Leave Adoption leave will be granted to staff who require special leave when adopting a child. It is not available in circumstances where a child is not newly matched for adoption, for example, when a step-parent is adopting a partner s child(ren). Adoption leave is administered and paid in line with the Trust s Maternity Leave provisions (for which there are separate guidance documents), depending on length of service. In terms of adoption, instead of the date of expected childbirth being the critical date, the date they match with the child is the relevant date. Individual advice on eligibility should be sought from Human Resources. 33