Work Life Balance Policy

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1 Work Life Balance Policy

2 Work Live Balance Policy Policy ref no: HR046 Author (inc job Judith Champion title) Date Approved May 2014 Approved by Quality and Assurance Group Date of next May 2017 review How is policy to All Staff be disseminated Check list for Governing Body/approving committee Has an Equality Impact Assessment been completed? Has legal advice been sought? Have training issues been addressed? Are there financial issues and have they been addressed How will implementation be monitored How will the policy be shared with: Staff Patients Public Are there linked policies and procedures Yes No Yes Yes Through the SWCSU HR Team Via the Bristol CCG internet site and dedicated communication to Bristol CCG employees.

3 Contents Section A: Work-Life Balance Policy Policy Statement Who does this Policy Apply to? How will the CCG Improve Work-Life Balance? What can I do if I feel the Policy is not being implemented properly? What can I do if I Feel my Request for Flexible Working / Employee Leave has been Unfairly Refused? What Happens in the Provisions of this Policy are Abused? How will this Policy be Monitored and Reviewed?...2 Section B: Flexible Working Policies and Procedure Summary of Flexible Working Options Available Applying to Work Flexibly Guidance on Part Time Working Guidance on Flexi-Working Nine Day Fortnight Job Share Guidance on Term Time Working and Annualised Hours...10 Section C: Employee Leave Policies and Procedures Summary of Employee Leave Policies and Procedure Applying for Leave Paternity Leave Policy Parental Leave Policy and Procedure Emergency Leave Policy and Procedure Compassionate/Bereavement Leave Policy and Procedure Short-Term Unpaid Leave Policy and Procedure...22

4 22 Employment Break Policy and Procedure Other Leave Situations Equality Impact Assessment...Error! Bookmark not defined. 25 Counter fraud Review...28 Appendix A: Application for Leave...29 Appendix B: Example Monitoring Form for Employee Leave...31 Appendix C: Request for Flexible Working...32

5 Section A: Work-Life Balance Policy 1 Policy Statement Bristol Clinical Commissioning Group s success depends on you (the staff) and we understand that your ability to work at your best is when you are able to strike a balance between your work and your life outside of work. We recognise that we need to attract and retain good staff and that our commitment to helping you to achieve a Work Life Balance will assist in enabling you to work more productively and happily. One of the aims of the policy is to create a workforce that is representative of the population the CCG serves and in order to do this, it will look to remove barriers to recruitment and retention, which may adversely impact on staff members and applicants with protected characteristics. These policies and procedures have been developed to provide you with a range of flexible working options and leave arrangements to help you to balance your life-style whilst maintaining the required service for Bristol CCG to be a success. 2 Who does this Policy Apply to? All Bristol CCG employed members of staff. The flexible working arrangements should also be considered when recruiting to vacant posts. 3 How will the CCG Improve Work-Life Balance? By promoting work-life balance in a structured and consistent manner to enable you to work more flexibly, through aiming to meet your flexible working/leave requests where possible. By considering all requests on their own merits, with fairness, discretion, sensitivity and compassion, whilst ensuring that the CCG and the service are not disadvantaged. By providing a number of flexible working options (section B) and employee leave options (Section C). 4 What can I do if I feel the Policy is not being implemented properly? If you feel that the Work-Life Balance Policy is not being applied correctly you should discuss this in the first instance with your line manager and/or senior manager. However if you are still unhappy you can make a complaint under the CCG s Grievance Procedure. 5 What can I do if I Feel my Request for Flexible Working / Employee Leave has been Unfairly Refused? If you have followed the correct application procedure and you feel that your request for flexible working/employee leave has been unreasonably refused, you should discuss this in the first instance with your line manager and/or senior manager. If you are still unhappy you can appeal against the decision, using the CCG s Appeals Procedure. Page 1

6 Please note that if you are appealing about parental leave and you have a child under the age of 14, or a disabled child under the age of 18, your appeal hearing should be held within 4 weeks of your request being turned down. 6 What Happens in the Provisions of this Policy are Abused? Any misuse of this policy and procedure(s) (by Manager or Staff) will be dealt with through the CCG s Disciplinary Procedure. 7 How will this Policy be Monitored and Reviewed? All applications, arrangements, and the effect of this policy and procedures will be monitored by Human Resources on an on going basis. Senior Management are also encouraged to review regularly the uptake of this policy and the consistency of application across the organisation. Data regarding the implementation of this policy will be sought from individuals through the staff survey and analysed. All the Work Life Balance options detailed in this policy will be reviewed after 2 years, or earlier in line with changing legislation and/or at the request of either the staff or management side or the recognised consultative forum. Page 2

7 Section B: Flexible Working Policies and Procedure 8 Summary of Flexible Working Options Available Title of Policy/Guidance Part Time Flexi-working 9-day fortnight Job Share Home Working Term Time Working Brief definition Working less than full time with an agreed pattern of hours. Working your contracted hours on a flexible basis. In a flexi scheme core hours are covered but start and finish times of the day can be varied. Hours can be credited or debited within an agreed period and time off can be taken in lieu of hours worked. This is an arrangement whereby 75 hours are worked over a period of 9 days, with an agreed day off every fortnight. This is different to flexi-working as it is a defined working pattern. 2 or more equally graded members of staff share the duties of one post. An agreement which allows a member of staff to work part or all of their working time at home. Taking leave during school holidays with a salary that is divided in to 12 monthly equal amounts. Annualised Hours Working a set number of hours over a one-year period. Flexible Retirement Options enabling a reduction in hours or responsibility prior to retirement, or enabling staff to return to work following retirement. (Please refer to the flexible retirement policy) 9 Applying to Work Flexibly 9.1 Do I have the right to apply to work flexibly? From April 2009, flexible working legislation gave all parents with children under the age of 16 (or age 18 if a child is disabled) the right to apply to work flexibly. This does not provide an automatic right to flexible working but employers now have a statutory duty to consider such requests seriously. In 2007 the Work and Families Act introduced a right for carers of adults to request to work flexibly. A carer is defined as an employee who is or expects to be caring for an adult who: Page 3

8 is married to, or the partner or civil partner of the employee is a near relative of the employee falls into neither category but lives at the same address as the employee. The 'near relative' definition includes parents, parent-in-law, adult child, adopted adult child, siblings (including those who are in-laws), uncles, aunts or grandparents and step-relatives. The organisation extends this right to all staff and will therefore consider requests for flexible working from any member of staff. All requests will be dealt with sensitively and where possible your needs will be met. However in balancing the needs of the service and organisation it is likely that not all requests will be able to be accommodated if this is the case a compromise will be sought. Employees are eligible to request flexible working if they have worked for the CCG continuously for a minimum of 26 weeks at the date that the application for flexible working is made. Employees are eligible to apply for flexibly working once during every 12 month period. 9.2 How do I request to work more flexibly? You should consider the various options available to you (see above). It should be noted that the options listed within this document are intended as a general guidance to the types of flexible working options available. However, the spirit of this Policy is to agree arrangements that suit your own circumstances whilst satisfying the needs of the service. You should therefore discuss your own situation with your manager, HR Department and/or Trade Union Representative. It may be that you would like to work flexibly initially for a time-limited period to cover a certain phase in your life. For example you may have an elderly dependant and would like to alter your hours to enable you to care for him/her. Or a trial period of flexible working could be negotiated. Such requests will aim to be met by retaining your original contract and changing your working pattern for a temporary period, subject to review. Once you are clear about your request you should apply in writing using the application form attached in Appendix C to your manager clearly stating that you would like to work more flexibly and how you would ideally see this working. The organisation maybe more able to accommodate your flexible working request the more notice they have. 9.3 How will my manager deal with my request? Your manager should arrange to meet with you to discuss your request within 3 weeks of receiving your written application. He/she will consider your request in light of your needs, the departmental needs and any legal requirements, and will assess how best to accommodate your needs without impairing the needs of others and the service. It is recommended your manager consults with your department to ensure any decision is fair, equitable and owned by the team. Your Human Page 4

9 Resources Department will offer advice and support in determining suitable flexible working options and you will also be able to bring a workplace colleague or a trade union representative to this meeting if you wish. Following your meeting your manager will write to you within 2 weeks confirming the outcome of your discussion. This notification will clearly state your new working pattern if it has changed, when this will commence from and any salary changes if applicable. Should your request be rejected your manager should clearly outline the specific reasons for this and inform you of your rights of appeal. Your application for flexible working may be refused on the following grounds: Detrimental effect on the ability to deliver the required service. The inability to reorganise work among existing staff The inability to recruit additional staff The burden of additional costs Detrimental impact on quality and performance. Please note that the list above is not exhaustive. If your hours and/or work situation does change you will be required to complete a change of conditions form. Your Line Manager is responsible for compiling the change of conditions form. 10 Guidance on Part Time Working Part Time working is widely used within the NHS and has always been the traditional way for employers to manage the need for flexibility within employment. There are many ways of accommodating part time working which are covered in this section of the Work-Life Balance Policy. Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, all part-time workers are entitled, pro rata, to exactly the same benefits as full-time workers. This includes the right to receive a pro rata annual leave and Bank Holiday allocation. 11 Guidance on Flexi-Working 11.1 What is flexi-working? Flexi-working allows you to work your contracted hours in a flexible manner whilst ensuring that the needs of the service are not disadvantaged. Flexi working is not classed as time off in lieu (TOIL) which is outlined in the overtime policy, as it is a long term arrangement and is therefore available to all staff (Bands 1-9 and VSM). The Working Time Regulations (1998) state that individuals should not work more than 48 hours per week, averaged over 17 weeks, unless you opt out from these regulations. The organisation however believes that for staff to work at their best the regulations should be adhered to and therefore cumulative hours should not exceed 48 hours per week. For further detail please refer to the Working Time Policy. Staff cannot opt out of rest Page 5

10 periods detailed in the Working Time Regulations (1998) as outlined in the Working Time Policy Am I eligible for flexi-working? All staff are eligible to be considered for flexi-working, including part time staff. Flexi-working normally applies to whole departments depending on the service you provide and whether it is practical to work in this way. It is advisable in teams where flexi working is appropriate, that a departmental scheme is devised to ensure consistency amongst staff. The operation of a flexi-working scheme is always subject to agreement from your manager to ensure the needs of the service are being met. For example, it may not always be possible to allow maximum flexibility on a particular day due to service requirements. Individual requests for flexi-working can be made to your manager. Your manager has discretion to grant this and may refuse if the needs of the service would be disadvantaged How does flexi-working operate? If a flexi-working scheme is deemed appropriate the following example guidelines may be helpful when devising the arrangements: Please note these guidelines relate to full-time staff, but may be adapted as required. Set earliest start and latest finish times for a normal working day, e.g. 7.30am 6.30pm. Set core times when all staff should be present at work, e.g. 10am 12 noon and 2pm 4pm. Subject to service requirements staff can accrue hours over the course of a one month period to take 1 day off per month. This should be agreed with management and is subject to service delivery. It may not be possible for staff utilising flexi-time to be able to utilise this option and only flexible start and finish times may be available under this agreement. Lunch arrangements should be clearly stated. A minimum of 20 minutes rest break must be taken if staff work for 6 hours or more (this is unpaid). Agree a maximum of credit/debit hours to be carried over from one four week period (called the accounting period ) to the next. It is advised that this is not more than the equivalent of 1 normal working day in any accounting period. Staff should be responsible for recording their hours in a system to be agreed with their manager. This should be monitored and any abuse of the system could result in disciplinary action. Staff and managers are responsible for retaining this information for a reasonable period of time for audit purposes, in accordance with the Data Protection Act. Accrued flexi-time leave should only be taken at a mutually convenient time for the member of staff, manager and the department. If necessary management can postpone leave at short notice. Page 6

11 12 Nine Day Fortnight In cases of authorised absence such as annual leave or sick leave, hours should be credited as a standard working day. A nine day fortnight allows employees to work full time hours but over nine days instead of ten in each two week period. Although they work full time, the annual leave needs to be calculated differently. For individuals who work 37.5 hours per week, an extra 7.5 hours must be spread over the 9 days that are worked. Days off will be taken in agreement with the line manager to suit the needs of the service. It is a reasonable request for your line manager to ask you to demonstrate when you worked extra hours and for what reason at any time. A day off should only be taken if the extra hours have been worked. All annual leave should be recorded in hours and not days. The annual leave is worked out in accordance with section 7 of the policy. To workout the entitlement, you first need to calculate the average working day. To do this, multiply the hours in the working week by two and divide by nine. The following example is for someone working 37.5 hours per week X 2 = /9 = 8.33 hours or 8 hours 20 minutes. For someone on 27 days leave, using the tables, annual leave entitlement = hours; bank holiday entitlement = 60 hours. Total = Each day of annual leave requested is 8.33 hours. In this example, if you have a week off when you would normally work 5 days, this should be taken as hours (41 hours 40 minutes) and then you are still entitled to your day off the following week. If you have annual leave the week you would normally have your day off you should request hours (33 hours 20 minutes). Similarly each Bank Holiday you take is 8.33 hours. If the Bank Holiday falls on a day you would normally have as your day off, you do not need to deduct the hours. You must be able to demonstrate that 75 hours has been worked over two weeks whether this is actual work time or annual leave hours. 13 Job Share 13.1 What is a job share? A Job Share is a working arrangement where, two or more equally graded staff share the duties of one post. Job sharers share the full responsibilities of one post and undertake a proportionate amount of the duties. Pay and conditions of service are shared pro rata according to the number of hours worked and each job sharer will receive a separate contract of employment. Job sharing requires a high level of co-operation and communication between the sharers. This makes it different from Job Splitting, which is when a job is split in to two or more separate part time jobs, requiring very little interaction. Page 7

12 13.2 Am I eligible to job share? Job share is open to any person in the organisation and all posts are eligible to be considered for job sharing. However not all posts will be deemed suitable for job sharing although requests should only be refused when there are justifiable service delivery reasons. Discussion should take place between your manager, your colleagues and Human Resources to decide if a post is viable for job share How do I apply to job share? If you are currently working in a post: If you are currently working and wish your post to become a job share you should write to your line manager in the first instance with a copy to Human Resources. Your manager should meet with you to discuss how the job share will work and Human Resources will be involved to advise on contractual and legislative matters. If the application to job share is successful, the vacant part of the post will be advertised in accordance with the organisation s recruitment and selection procedures. If you are applying for a full time post on a job share basis If you are applying for a new job on a job share basis it is helpful (although not essential) if you seek out a suitable job share partner before you apply. Job share works best when the two people: relate well to each other understand each other s special requirements have compatible skills and experience are flexible communicate effectively with each other Your application should include a detailed account of how the job share will work in practice How are job sharers selected? The process for filling a job share must be fair and equitable and consistent with the organisation s Recruitment and Selection Guidelines. When you are already in post and searching for a job share partner: You will be involved in the selection process and have the opportunity to meet all applicants. Your manager will discuss with you your views on potential candidates. The final appointment decision will rest with the interview panel. Page 8

13 When you are making a joint application to job share in a post: Both you and your potential job share partner will be interviewed separately by the panel to establish suitability to the role. Following the separate interviews you will then be interviewed together to discuss details of the job share. This will be ideally on the same day and by the same interview panel. When you are making an individual application to job share a post: If there are separate applications for job share you will be interviewed separately. You will then be given the opportunity to meet each other separately to discuss arrangements before being asked to meet together with the panel What happens if a job share partner can t be found for me? If you are an existing job share employee and your job share partner leaves you will be offered the remaining hours of the post in the first instance subject to skill mix requirements of the service. If you reject this there will be at least one recruitment attempt to find a new job sharer. If this is unsuccessful you will be offered redeployment to another part time post if available. If neither of these options are acceptable or possible then you may, as a last resort, have to be given notice and your contract terminated How does job share affect my pay and conditions? Contract: You will be issued with an individual contract of employment and the provisions of the job share policy and individual job share agreement relating to the post will form part of the contract. If you have converted from an existing post to a job share post you will be issued with an amended contract of employment or change of conditions form, retaining any service linked entitlements as appropriate. Salary: You will receive the appropriate rate for the post calculated pro rata to the actual number of contracted hours. Starting salary and incremental progression, if applicable, will be on an individual basis within the grade according to length of service and experience. Pension: All employees are eligible to join the NHS Pension Scheme unless they choose not to. Annual Leave: This will be pro rata to the full time entitlement. You should agree with your manager as part of the initial job share arrangement whether it is preferable for you to take leave separately or simultaneously when possible. You should also consult with your job share partner before making a formal leave request. Bank Holidays/Statutory Days: These will be applied pro rata to the contracted hours as per the annual leave policy. Sickness: Occupational pay is payable on a pro rata basis. Banding: The banding of a post will relate to all sharers employed against it. Any review of banding will assess the whole post and not individual employees in the role. Page 9

14 Training & Development: Like all staff, you will have a regular Individual Performance and Development Review with your manager and you will be considered separately. In terms of training and promotion opportunities you will be considered equally Do I need to cover my job share s absence? There is no compulsory requirement for you to work extra hours to cover your job share partner s annual leave or sickness leave. However you will be expected to cover the agreed priority workload in the role, as far as is practicable. Additional hours may be offered to you by your manager to cover such periods of absence. If you do work hours in excess of your contracted hours you will either be given time off in lieu or as a last resort may be paid at the basic hourly rate for the additional hours if time off in lieu is not appropriate and the roe is still required to be covered. 14 Guidance on Term Time Working and Annualised Hours The Term Time working and Annualised Hours approach is to allow staff to have more flexibility to plan their work around other commitments and responsibilities, whilst still meeting the needs of the service Annual Hours The Annualised Hours approach is based on contracting employees to work a set number of hours each year and to receive a regular monthly payment that equates to one twelfth of the hours they need to work each year plus their annual leave and public holiday entitlement Term Time Working Term Time working allows employees to remain on a permanent contract and gives them the right to unpaid leave during school holidays. Agreement is then reached between the member of staff and their manager on how much additional unpaid leave is required to cover the school holiday period and when exactly paid leave will be given. These arrangements should be made as much as a year in advance if possible Procedure and Management Approach Employees who wish to apply for the scheme shall discuss the matter initially with their line manager. With agreement, Term Time working and Annualised Hours will be available to all categories and grades of staff. Requests for Term Time and Annual Hours provisions should be granted with due consideration to the needs of patients, service delivery and fellow work colleagues. The administration of these contracts requires regular communication and mutual monitoring of working hours. The hours to be worked by each employee are negotiated in advance, and can vary on a weekly or monthly basis. Page 10

15 The standard year for the purposes of term time working and annualised contract runs from 01 April to 31 March and is defined as weeks ( days) Defining the Base Contract Annual Hour Contract The formula to calculate annualised hours is as follows: Contracted hours per week (x) weeks to work for the year ( ) annual leave entitlement ( ) public holiday entitlement (=) Annual hours Example 1: A full time employee whose standard week is 37.5 hours with annual leave entitlement of 27 working days plus 8 public holidays is worked out as: 37.5 hour's (x) weeks ( ) hours annual leave ( ) 60.0 hours public holidays (=) hours per annum Therefore, the employee in this example would be contracted and paid for 1955 hours per annum but would only be required to physically work because of the deduction for annual leave entitlement. NB hours per annum is derived from (Wkly hrs x weeks). Worked out as 37.5 x =1955 Example 2: A part time employee contracted to work 20.0 hours with hours annual leave after 10 years of service and 32 hours bank holiday is worked out as: 20.0 hour's (x) weeks ( ) hours annual leave ( ) 32.0 hours public holidays (=) 879 hours per annum Please note that variations can be calculated using the above principle for different levels of standard work hours and leave entitlements. Also refer to the Annual Leave policy for an accurate annual leave and bank holiday calculation. The number of annual hours to be worked should be divided by 4 over the year to be monitored quarterly. A timesheet will need to be completed by the individual and signed off by the line manager on a monthly basis to keep track of the hours. This should record: a) Date of start of current annual contract b) Total annual Contracted Hours c) Total hours worked that month and cumulative hours worked in the YTD d) Total hours remaining in the YTD NB - YTD means Year to Date and refers to the standard year (01 April to 31 March). Page 11

16 Term Time Working Employees on term time contracts will be expected to take their paid annual leave during the school holiday period and not during term time. They instead get an entitlement which is incorporated into their salary. Please see below for a worked example of term Time Working: Table 1 Current Contracted Hours per Week Current Contracted Hours per Year (24 x ) Proposed weeks NOT worked Easter 2 weeks Summer 5 weeks October 1 week Christmas 1 week Proposed weeks WORKED ( )weeks Annual Hours worked over 43 weeks (Contracted Hours per Week x Proposed weeks WORKED = 24 x ) Spread evenly over weeks (1032hours divide ) 24 hrs hrs per annum TOTAL (=) 9 weeks weeks 1035 hours Per annum hrs Per Week Total actual weekly hours worked = 24 hours Total actual weekly hours paid = hours Total period NOT worked = 9 weeks Total annual leave entitlement for the year is therefore spread over the 9 week period Defining the Working Pattern Annual Hours Contract The employee contractual hours under the annualised hours approach is divided into fixed hours and flexible hours. The manager and the employee agree how many are to be fixed and flexible hours. Page 12

17 When negotiating the contracted hours, the flexible hours cannot exceed the number of fixed hours, which in total cannot exceed the full time hours for that post. The exact pattern of flexible hours worked by each employee in any given period can be 'flexed' to match both workload requirements and individual availability. The flexible hours can also be used to cover peak periods, staff sickness, holiday and other absence, and training. e.g. for an annual hour's contract on 780 hours per annum, this could be agreed as Fixed hours: 390 per annum (equivalent to 7.5 per week) Flexible hours: 390 per annum (equivalent to a notional 7.5 per week) Or for annual hours contract of 1872 hours per annum. Fixed hours: 1123 per annum (equivalent to 21.6 per week) Flexible hours: 749 per annum (equivalent to a notional 14.4 per week) Term Time Working The principles and parameters must be agreed before a term time Working Contract scheme can be introduced i.e. the agreement of timescales i.e. paid and unpaid leave periods. Please refer to the term time working TABLE 1 for an illustration of how to define unpaid periods. In the table this is a total of 9 weeks proposed unpaid period over a 12 month period. These were Easter 2 weeks, Summer 5 weeks, October 1 week and Christmas 1 week, making a total period of 9 weeks unpaid period. Term time staff are not usually able to take annual leave during term time Payment of Salary Annual Hours Under the annualised hours contract, salary payment will be paid in arrears in 12 equal monthly instalments regardless of the number of hours worked during the relevant period. Contracts would provide for a re-calculation of earnings including pro-rata leave entitlement when the contract ends part way through the year. If notice is given by the employee the calculation for annual leave may need to be re-visited also taking into account hours already worked and any adjustments required could possibly result in staff reimbursing the organisation for the annual leave which has been overtaken. Page 13

18 Term Time Working Term time working ensures that rather than staff only being paid during week/months they work, they receive an equal average payment every week of the year. Therefore in the example the employee works 24 hours per week over 43 weeks but is paid for 19.8 hours per week plus 2.5 hours annual leave. The employee would therefore be paid 22.3hours per week over weeks Sick Pay The sick pay allowance would apply (in line with nationally agreed terms and conditions of employment and organisation policy) providing the following areas are satisfied: - Medical certificate or self-certificate is produced Sickness occurs during planned work time and not ''free'' time. Hours planned/rostered to be worked but not worked due to sickness will be credited towards annualised hours worked. Calculation of sick pay will be based on the contracted hours Maternity Leave / Adoption Leave / Paternity and Pay The normal Maternity/Adoption/Paternity Leave entitlements will apply with regards to time off from work with pay, dependent on length of service and the average pay received under the Annualised or Term time arrangement Other Conditions In time of sudden staff shortages due to sickness, vacancies or other causes staff are expected to be flexible to work a different work pattern for a short period of time and this decision should take into account the needs of the service balanced against the needs of the individuals and their circumstances. Page 14

19 Section C: Employee Leave Policies and Procedures 15 Summary of Employee Leave Policies and Procedure Title Maternity and Adoption Leave Paternity Leave Brief definition Paid and unpaid time off to have a baby or adopt a child with the right to return to the same job or a job of a similar grade. Please see the Maternity and Adoption policy for further details. Paid time off for a father/partner to be at the birth of a child and time off following the birth or adoption of a child. Parental Leave Emergency Leave Compassio nate Leave Short Term Unpaid Leave Employme nt Break Other Leave Situations Study Leave/ Sabbatical Leave Annual/ Sickness Leave Unpaid absence (up to 4 weeks in any one year, up to a max of 13 weeks for any one child, 18 weeks for disabled child) that can be used by either parent to spend time with a child up to the age of 14 (or 18 if child has disability or has been adopted). Short Term paid leave to deal with a domestic crisis or emergency (for example, fire, storm damage, burglary) or to cope with sudden and unanticipated problems relating to dependants. (for example, a breakdown of normal care arrangements or illness of dependants). Sudden and unanticipated usually means with less than 24hours notice. Paid leave to cope with a bereavement, terminal illness, sudden illness or injury of a close relative, dependant or friend. Also arrangements for attending funerals of close relatives. May be granted for various reasons such as: period of study not covered by paid study leave, to extend compassionate leave arrangements, to travel/work abroad, voluntary work, longer term care commitments, unexpected disruption to care arrangements or other unusual circumstances. Long term (longer than 3 months) unpaid leave with the right to return to work with the organisation. Can be used for various reasons such as: study, travel, to care for dependant relatives, to do voluntary work, to provide childcare. Guidance on time off for: Medical/dental Appointments; Civic & Public Duties; Award Ceremonies Please refer to the Training & Development Policies and/or contact your manager. Please refer to your contract of employment for your entitlements &/or contact your manager. Please refer to the Annual Leave Policy and Management of Sickness Absence Policy. Page 15

20 16 Applying for Leave 16.1 How do I apply to take leave? You should: Consider which leave arrangement is suitable for your situation (see chart on previous page and/or attached Employee Leave policies and procedures). Discuss your situation with your manager if you can. Many of the policies are ultimately discretionary to your manager and therefore it is worth discussing your need for leave at the earliest opportunity. Check your eligibility for leave. All the policies and procedures should clearly state who is eligible for what. Ensure that you are aware how taking leave may affect your terms and conditions of employment, if at all. All the policies and procedures clearly outline how your terms and conditions may be affected by taking such leave. Follow the specific application details for each policy. This normally involves completing an application form for leave (see Appendix A), attaching any relevant documentation and forwarding to your manager for approval. However please be aware of certain notice periods required for different types of leave How will my manager deal with my application? Depending on the nature of your request your manager will discuss your situation with you. In cases where a certain amount of flexibility exists such as parental leave and employment breaks your request will be considered in light of your own needs, balanced with the needs of the service. In other cases such as emergency situations your manager will find it helpful to discuss your situation with you so that he/she can manage your absence and offer any support if applicable. The application form will be used which your manager is required to sign if authorised, or to state the reasons if a request is refused. This form will be returned to you and a copy sent to Human Resources. Your manager will record the nature of your absence on the payroll returns as well as maintaining a departmental absence record (see Appendix B for an example monitoring form) What do I do in an emergency? It is acknowledged that it is not always possible to request leave in advance as often it is required to deal with unforeseen, emergency situations. In such cases you should always contact your manager as soon as you can to make them aware of your situation. Your manager should then be able to sanction a short-term absence and advise what sort of leave is appropriate to your circumstance. If this is not possible you may be allowed the time off but the confirmation of the type of leave to be taken may be confirmed at the next suitable opportunity once your manager has had time to consider your request. You will be asked to sign an absence form on your return to work. Page 16

21 If your absence has longer-term implications you should arrange to meet with your manager as soon as possible to discuss the situation further What if I need to make frequent use of the employee leave policies and procedure? If you need to make frequent or repeated use of the employee leave provisions over a 12 month period your manager will review this with you. Initially this is likely to be in the form of an informal discussion with your manager. It may be that alternative support can be offered for example if you are frequently requesting to use the Emergency Leave Policy because you are caring for a sick relative it may be more appropriate to reduce your hours for a temporary basis to help you accommodate your responsibilities outside of work. Depending on the circumstances this review may then need to take a more formal nature involving your representative if you wish, and a member of the Human Resources Department. 17 Paternity Leave Policy 17.1 What is paternity leave? Paternity (or Partner) Leave is paid time off to deal with the responsibilities associated with the birth or adoption of a child. This applies to biological and adoptive fathers, nominated carers, and same sex partners, to be present at the birth of a child, to have time off when the mother and baby are at home, or to have time off following the new placement of a child for adoption. Paternity leave also includes paid leave to attend antenatal classes Am I eligible for paternity leave? To qualify for the full entitlement of paid paternity leave you must have worked for the organisation for at least 26 weeks by the 15 th week before the baby is due or have at least one year s continuous NHS service. In the case of adoption you should have worked for the organisation for at least 26 weeks leading into the week in which you are formally notified of being matched with a child, or have one year s continuous NHS service. If you do not qualify for Paternity Leave but wish to take leave to be at the birth of your partner s baby then you can request annual leave or unpaid leave How much paternity leave can I take? You are entitled to take up to 2 working weeks. This doesn t have to be taken in a single block but can be staggered. It does however have to be taken within 56 days of the actual date of birth of your child or within 56 days of your child s placement for adoption. In addition you are entitled to reasonable paid time off to attend antenatal classes. In the case of multiple births, or if more than one child is placed for adoption at any one time, only one period of paternity leave is available. Page 17

22 Additional periods of unpaid leave may be considered at the discretion of your manager. Or the Parental Leave provisions can be exercised (please refer to the Parental Leave Policy & Procedure) 17.4 How will paternity leave affect my pay and contract? You will be paid at full pay or at the same flat rate as Statutory Maternity Pay (SMP) whichever is the higher. Being absent on paternity leave will not affect your existing contract in any way How do I apply to take paternity leave Using the application form attached (Appendix A), you should inform your manager in writing of the date paternity leave is likely to commence this form should be submitted at least 28 days before you want leave to start. You should also attach to this, your SC3 Form - Becoming a Parent. It is however understood that the date you want leave to start may only be an estimated date and in fact leave may need to be taken at any time around this date. In the case of adoption you should notify your manager in writing at the time of approval for adoption and as much notice as possible should be given, using the application form attached, when requesting the actual leave. If you wish to attend antenatal classes with your partner, then you must request time off in advance, giving as much notice as possible and provide evidence that an appointment has been made Other points to note about paternity leave Still Births / Miscarriages If a stillbirth or miscarriage occurs after the twenty fourth week before the expected week of childbirth then the paternity leave entitlements will still apply. 18 Parental Leave Policy and Procedure 18.1 What is parental leave? Parental leave is a period of unpaid absence that can be used by either parent (natural or adoptive) to care for a child. This is a statutory entitlement, introduced in 1999 under the Maternity and Parental Leave Regulations and aims to allow employees spend more time with their children and to strike a better balance between work and family commitments. It applies equally to both men and women and you do not have to be living with the child to benefit from parental leave. Parental leave can only be used to care for a child and may include time off to settle a child in to nursery or school, accompanying a child during a planned stay in hospital or just spending more time with a child in their early years. It is not designed to be used for family emergencies that require leave to be taken immediately please refer to the Emergency Leave section for such cases. Page 18

23 18.2 Am I eligible for parental leave? You will be eligible to take parental leave if you have 12 months continuous service with the NHS (continuity of employment rules are detailed in the Maternity Leave Policy) and nominated caring responsibility for a child under the age of 14 (18 in the case of disabled or adopted children) How much parental leave can I take? You are entitled to 13 weeks leave per child until their 14 th birthday (18 th birthday if the child is adopted). If you have a disabled child you are entitled to 18 weeks leave up until their 18 th birthday. Leave increases proportionately for multiple births although is not transferable between children. This leave should ideally be taken in blocks of one week up to a maximum of 4 weeks for an individual child in any one year. (A year is the period of 12 months starting with the date you first became entitled to parental leave). However, your manager does have discretion to allow single days to be taken at a time or for periods of longer than a week to be taken. If your child is disabled single days must be granted if required. If you are part time the leave is pro rata in equivalent whole weeks, i.e. if you work 2 days per week you would be eligible for a total of 13 weeks which amounts to 26 days, whereas if you were full time you would still have 13 weeks but which equates to 65 days. Parental leave can be added to periods of paternity, maternity or adoption leave How will parental leave affect my pay and contract? Parental leave is unpaid and therefore you will not receive any pay for the period of time off. However you will remain on your existing terms and conditions of employment and the following will therefore continue to apply: contractual notice redundancy terms disciplinary and grievance procedures paid annual leave You are entitled to return to your same job, on the same terms and conditions and your service will be regarded as continuous. If you are a member of the NHS Pensions Scheme you will be required to maintain your pension contributions during the period of unpaid Parental Leave. Contributions due during the period will be deferred until you return to work. For further information about this please contact your Pensions Officer How do I apply to take parental leave? You should discuss your intention to take parental leave at the earliest opportunity with your line manager. Page 19

24 You must give at least 21 days written notice of your wish to take parental leave. To do this you need to fill in the attached application form and enclose: a copy of your child s birth or adoption certificate evidence of eligibility to a Disability Living Allowance if your child is disabled Unless such leave immediately follows a period of Paternity, Maternity or Adoption Leave, your manager does have discretion to postpone Parental Leave in exceptional circumstances and must give you written reasons for doing so. Reasons for postponement could include your request coinciding with a particularly busy period or where a number of staff already have annual leave booked at the time you want leave. Leave can be deferred for up to 6 months although every effort should be made by your manager to offer the earliest dates available. If your request is deferred your manager will write to you within 7 days stating the reasons for the deferment and offering alternative dates when the leave can be taken. A copy of all such correspondence should be sent to the Human Resources Department. If you are faced with an immediate problem because Parental Leave has been deferred please discuss this with your manager and Human Resources Department Other points to note about parental leave Cancelling Leave If you wish to cancel parental leave once it is booked you must discuss this at the earliest opportunity with your manager and put your reasons for the cancellation in writing. If a cancellation results in a cost to the organisation, i.e. because alternative staffing arrangements have been made, then your manager may reasonably refuse this cancellation. Changing Employer If you change employer you must declare any parental leave that you have taken with your previous employer(s). Parental Leave can be carried across from one employer to another. 19 Emergency Leave Policy and Procedure (Emergency leave incorporates Domestic/Carer Leave which is a statutory requirement) 19.1 What is emergency leave? Emergency Leave is paid time off to deal with sudden and urgent unanticipated problems such as dealing with a domestic crisis or emergency at home or needing to care for dependants if they are ill or when normal care arrangements breakdown. This can also apply to situations such as educational problems, i.e. where the employee is responsible for a school age child and is required to liaise with the school. Page 20

25 It usually only applies if a situation arises in which a member of staff has less than 24 hours to make other arrangements. Dependant refers to your partner, child or parent or someone who lives with you as part of your family. Or it can be someone who relies on you for assistance in a particular emergency. For domestic needs that can be reasonable planned in advance you are expected to request annual leave or request to work your hours flexibly on a temporary basis to make up time. Such requests will only be approved subject to service requirements Am I eligible for emergency leave? Yes. This provision is available for all members of staff to use if necessary regardless of length of service How much emergency leave can I take? As a guide and to ensure consistency, up to 2 days paid leave may be taken at any one time. Unpaid leave of up to 5 days may be granted by your manager if paid leave has been exhausted. No more than 5 days paid and 5 days unpaid pro-rata should be taken in any 12 month period (beyond this limit the provisions of the Parental Leave Policy or Short Term Unpaid Leave Policy may apply) How will emergency leave affect my pay and contract? If you are being paid you will receive your normal rate of pay in the usual way. If receiving unpaid leave the number of days absent will be deducted from your salary accordingly. Your contract will be unaffected by taking Emergency leave How do I apply to take emergency leave? By the nature of such leave, Emergency leave will normally have to be requested and granted at short notice. You should contact your manager at the earliest opportunity to make them aware of your circumstances. There is no guarantee that emergency leave will be approved as is subject to managerial discretion. You will be asked to sign the attached application form (Appendix A) on your return to work. 20 Compassionate/Bereavement Leave Policy and Procedure 20.1 What is compassionate leave? Compassionate Leave is paid time off available to employees to cope with a bereavement or terminal illness Am I eligible for compassionate leave? Yes. This provision is available to all staff employed by the organisation regardless of length of service How much compassionate leave can I take? Page 21

26 The time allowed can range from just a few hours off or up to 2 working weeks leave in exceptional circumstances. It is unlikely that more than 2 working weeks would be allowed in any 12 month period. Granting Compassionate Leave is at managerial discretion. The examples below are intended to help allow managers to make informed decisions regarding the approval of compassionate leave: 1 days paid leave to attend the funeral of a close relative. Up to 1 working week upon the death of a partner or dependant. A further 2 days leave if you are responsible for the funeral arrangements or other activities related to the death of a close relative. Up to 2 days paid leave if it is necessary to travel a considerable distance or abroad, or where travelling is unusually difficult, to attend a funeral. Up to 1 working week in circumstances where a partner, dependant or close relative has a terminal illness. You may also take up to three months unpaid leave, which may be taken in a block or as separate days depending on your needs and the needs of the service A close relative is defined as a sibling (including those who are in-laws, uncles, aunts or grandparents and step relatives. A dependent is a parent, parent in law, adult child, adopted adult child or children (including step children) How will compassionate leave affect my pay and contract? You will receive your normal rate of pay in the usual way. Your contract will be unaffected by taking Compassionate Leave 20.6 How do I apply to take compassionate leave? You should discuss with your manager the need to take Compassionate Leave at the earliest opportunity. Your manager will ask you to sign the application form in Appendix A either before taking leave, or on your return to work if more appropriate Support available The CCG recognises that individuals who need to request compassionate leave may be facing a difficult time in their lives and therefore would encourage individuals to access the free confidential counselling service that is available to all Bristol CCG employees. Details of the service can be obtained from HR. 21 Short-Term Unpaid Leave Policy and Procedure 21.1 What is short-term unpaid leave? Short-Term unpaid leave may be granted for a variety of reasons such as: a period of study not covered by paid study leave to visit relatives or travel/work abroad Page 22

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