Northern Ireland Office January Work-life. Bal A nce. Line Manager s Toolkit

Transcription

1 Northern Ireland Office January 2002 Work-life Bal A nce Line Manager s Toolkit

2 Contents Page Introduction 1 Section 1 What is Work-life balance within the NIO? 3 Business benefits to the NIO 4 Section 2 Adoption leave 7 Alternative working hours 7 Annual leave and public and privilege holidays 10 Career breaks 11 Care responsibilities 12 Family emergencies 12 Flexible working 13 Job-share 14 Maternity leave 15 Paternity leave 16 Parental leave 16 Special leave 18 Section 3 Managing Work-life balance within the NIO 21

3 Introduction In the Spring of 2000 the Prime Minister launched the Government s Work-life Balance (WLB) campaign. In GB the initiative is being driven by the Department for Education and Skills (DFES) (formerly the Department of Further and Higher Education). In Northern Ireland the Department for Employment and Learning, (DEL) has lead responsibility for the initiative. The WLB initiative is aimed at encouraging employers, in both the private and public sectors, to consider the benefits in business terms of enabling their employees to achieve and maintain a better balance between work and home. It also aims to address the needs and aspirations not only of carers but of all employees, whatever their reasons for seeking a better balance between work and home-life. About this NIO toolkit This toolkit largely mirrors the DFP NI booklet and aims to highlight the business benefits of promoting and practising Work-life Balance policies. It also outlines the range of issues to consider when applying WLB policies and offers some practical advice for line managers which should be applied when making decisions. Section 1 Contains background information about Work-life Balance and the benefits to both the NIO as an organisation and individual members of staff of adopting a positive approach and policies around WLB. Section 2 Outlines the existing policies that the NIO has in place and the good underpinning practices to support these policies. Section 3 Sets out good practice on managing work-life balance and recognising stress. It also considers the effects of harassment and the services provided to support NIO managers and employees. Further information At the end of each section references are given to indicate where further guidance and additional information can be obtained. At this time, the HCS Handbook references are not complete as it is currently under revision. Subsequent revisions of this booklet will remedy this temporary omission. 1

4 Section 1 What is work-life balance within the NIO? Family Friendly working is now recognised as an issue that concerns fathers as much as mothers, but still the term serves to reinforce the perception that such policies are for a minority of working parents with young children. In fact, choice, control and flexibility in working conditions and personal fulfilment outside work are equally important, for example, to young workers, single people, couples, older employees and workers whose relationships and families are not necessarily conventional. Hence the more recent and inclusive term, Work-life Balance has now been adopted and seeks to place the issue of employee well being at the core of business strategy. Employers recognise that individuals at all ages and stages work best when they are able to obtain a satisfactory balance between their work and other aspects of their lives. Helping people to achieve a better balance between work and life is therefore a way of supporting business delivery and enhancing people s performance. Work-life strategies view flexible working as something to benefit both the NIO and the employee; place joint rights and responsibility on employees and managers to find workable business driven solutions; embrace the needs of people at different stages of the lifecycle; recognise diversity in the workplace; respect equality of opportunity for all; and emphasise the business and social benefits to be gained. Employees need work-life balance to: manage their teams to get the best for the NIO s business as well as for individuals; manage their work and home responsibilities without undue pressure; maintain a caring relationship with their children, dependant adults and partners (where applicable); participate in other activities for their own personal development and the benefit of their communities (where applicable); and feel valued for themselves and their work. Many jobs, both inside and outside the Civil Service, have been created on traditional assumptions that an employee s first commitment is to their job and that supporting activities (for example, running the home, childcare and elder care) are the responsibility of a non-working spouse. However, the current social and economic realities are in stark contrast to these assumptions. 3

5 The reality is that employers have to take a new approach to the way jobs are designed. Employers who do not offer Work-Life Balance policies will find it increasingly difficult, particularly with falling unemployment, to attract new staff and retain existing people. It is therefore important to offer a variety of flexible policies to reflect the shifting emphasis and compete in the current employment market. Understanding the needs of staff and trying to accommodate them, whilst meeting business needs, lets the employer demonstrate commitment to their staff. Overall general points to consider When managing and working with Work-life Balance policies it is important to take into account the following points: it benefits the NIO and individuals if people feel comfortable to be able to approach you with their requests; people cannot always control their personal circumstances; all applications have to be considered fairly; people, some living alone, can also have caring and other responsibilities; not everyone has caring responsibilities, but everyone has a life outside of work; always consider if you cannot agree a request, what prevents you from doing so; what are the Line Manager s and individual s responsibilities, within this request?; consider how the person might feel in making such requests; ensure all requests are considered on an individual basis; Personnel Services Division are there to support you in making a decision; your reasons for making the decision, whether it is favourable or not, need to be transparent and you will have to justify your decision to the applicant; and ensure that some requests are not treated more favourably than others. Remember that some decisions could be open to legal or other challenge. Business benefits to the NIO The NIO has adopted a number of personnel policies which support work-life balance principles and have brought benefits.these include: Helping to retain trained, experienced staff It can often cost the NIO more to recruit and train a new employee than to keep the original employee. So by improving working conditions and adopting Work-life Balance policies this will help the NIO to retain employees. Being able to state with confidence that the NIO is an employer with flexible working practices which can aid external recruitment If the NIO as an organisation offers flexible working practices it means that the business has a wider more diverse pool of potential employees to choose from and so can recruit people with better skills and experience. 4

6 Reducing absenteeism, sickness and stress Rates of staff absenteeism tends to fall when employees can take up flexible working patterns. More committed, motivated and willing staff when they are at work because they are more able to balance their work and home lives When employees are motivated this can contribute to enhanced customer service and improve performance. Greater productivity, morale and better performance Levels of employee satisfaction improve when a balance between work and life is achievable and as a result employees productivity rates rise. Compliance with new employment legislation The Government has put into place a basic framework of legal rights that contribute to Work-life Balance, for example: under the Working Time Regulations, an employer cannot normally require an employee to work more than 48 hours a week on average. Employees, however, can choose to work longer; all female employees, regardless of length of service, are entitled to take 18 weeks maternity leave; parents who have worked for their employer for at least one year are entitled to 13 weeks unpaid parental leave in respect of a child born on or after 15th December 1999; all employees are entitled to a reasonable amount of unpaid time off work to deal with some types of emergency situation involving a dependant; Part-Time Workers Directive ensures that part-time employees are not treated less favourably; under the Disability Discrimination Act, employers may have to make reasonable adjustments to the working arrangements of an employee with a disability, so that they are not substantially disadvantaged compared to an employee without a disability; under the Sex Discrimination Act, direct sex discrimination is unlawful. Treatment that is discriminatory in practice in its effects on one sex - indirect discrimination - may be unlawful. Enhanced image in the community and to customers By improving the flexibility of working patterns and offering policies to enhance Work-life Balance it will enable the NIO as an organisation to recruit from a larger pool of resources. This will lead to a more diverse work force which in turn reflects customer profile and enables the organisation to provide a better service to all its customers. 5

7 Enhanced image of the NIO as a good employer, increasing our potential for building external partnerships Having the commitment of the employees can help you improve the service you provide to customers and also enhance your image as a good employer within the community and when working with external partners. 6

8 Section 2 Adoption leave An allowance of up to 20 days paid adoption leave for a child brought into the person s full-time care for the first time. Specific points to consider the 20 day entitlement to special leave can be shared between both parents if both work as Civil Servants and may be taken as a block or in instalments over the first year from the date of adoption; if the officer is taking more than one child into their full-time care at the same time then only one period of adoption leave is applicable. However, if another child is adopted at a later date then the employee is entitled to apply for adoption leave for any further adoption; adoption leave is in addition to unpaid parental leave. See section on parental leave. General point to consider It is important to remember that adoption can be a very demanding time for prospective parents, starting with the pre-adoption interviews and working through a lengthy process ending with the adoption itself. HCS Staff Handbook is currently under revision. NICS Staff Handbook Leave & Attendance Part Chapter 3. NIO PSN 113/00 refers. CSC 3/00 parental leave. Alternative working hours Alternative working hours are open to everyone working in the NIO subject to business and operational needs. Specific points to consider the change of hours can be temporary or permanent and the individual needs to make that clear when submitting a request. A new contract will only be issued if the change of hours is for four weeks or more; if a request to a change in working patterns is agreed it does not necessarily have to be on a permanent basis, (providing both parties are happy to undertake a temporary arrangement). It often suits both parties to have a trial period, with an in-built review and an option on both sides to say whether it has worked. At the end of the trial period it would be for you (the manager) to decide whether to make the arrangement permanent. Even for a trial period any change of hours needs to be notified to NIO Personnel Services Division (Pay Service); 7

9 women returning from maternity leave, who make requests to work alternative work patterns must be given the same consideration as anyone else making that request. You must ensure that you do not discriminate against them in any way and try to accommodate their request, where possible; under the Disability Discrimination Act 1995 it is a requirement to make reasonable adjustments for employees who have a disability. This includes changing working hours where they cause substantial disadvantages to the person with the disability; ensure individuals are aware that they may be able to temporarily change their normal working pattern to accommodate training or similar activities; alternative work patterns are not an automatic right so managers have the discretion to refuse a request. Equally managers cannot automatically say no, but should consider every possible option before making a decision; as the NIO is a sizeable employer with the capacity to backfill with other part-time individuals when filling posts, operational reasons for turning down requests need to be strong and legally defensible; ensure that individuals understand the impact on annual leave, public holidays, sick absence, pensions and overtime (for example, overtime rates of pay are only paid to people who work part-time hours after 37hours have been worked). General points to consider people have a wide variety of reasons for wanting to work alternative work patterns and their reasons do not necessarily have to be linked with looking after children, or dependants, before it can be approved; each request needs to be discussed in detail with the individual before making a decision. When managing employees who work an alternative work pattern consider the following (this should not be used in the decision process): they need the same amount of time as a person who works full-time hours to use IT systems and read guidance; they need the same amount of training as a person who works full-time, but an alternative means of carrying out the training may need to be identified; they are entitled to the same number of Appraisal Reviews as a person who works full-time; they need the same considerations about development within their role as someone who works full-time; they need the same amount of time to manage their staff as a person who works full-time; when setting objectives and targets ensure that these reflect the hours which they work and the other issues highlighted above, for example, someone who works two and a half days per week should not be expected to deliver 50% of a full-time individual s targets because they will still have to do the other activities highlighted above for which they will need the same amount of time as a colleague who works full-time; and 8

10 from the manager s point of view, it is also worth remembering it takes the same amount of time to manage someone who works alternative hours as it does to manage someone who works full-time; a communications strategy will need to be developed to keep people who work less than 37 hours updated and it is beneficial to involve the office team in doing so. For example, if a communications meeting is held on a day that a part-time person does not work, someone or some method needs to be identified to update the individual(s) - if it becomes an individual s responsibility then it will also impact on their time. Where possible, communications meetings should be arranged at a time suitable to the majority of staff, or days alternated to ensure all team members have the opportunity to attend a meeting; you may need to manage feelings of guilt ; some people worry about going when they have completed their part-time hours when there is still work to do; give thought to how people manage their work if they work reduced hours. For example, what time is their first and last appointment? Are there any rural transport issues for customers attendance on the days the individual works? part-time working arrangements need to be carefully designed to ensure that the team works well and avoid exploiting individuals who work part-time hours. At the same time ensure that full-time members of staff do not feel that they are taking on the work of the part-time member of staff when they have left the office. There are no set rules as to when to say yes to an application and when to say no. Each request has to be dealt with on an individual basis comparing the request with the needs of the business. if you cannot agree to a person s request, due to operational commitments, try to identify and negotiate alternative solutions, set a review date to reconsider your decision, in line with the operational needs. You may be able to negotiate a rota for part-time working hours within your team, providing everyone is in agreement; you have to be prepared to handle people s disappointment where you refuse an application. Some people can feel resentment even when policies have been applied correctly; ensure that any reason for refusing an application is justifiable and you are able to explain clearly your decision; look at the wider picture when considering requests; your office may not be able to accommodate, but another office may and a full-time officer from that office may want a transfer request (but avoid moving someone else against his / her choice to accommodate the part-time request). Individuals may be able to claim expenses. NICS Staff Handbook Leave & Attendance Part Chapter 1. HCS Staff Handbook is currently under revision. 9

11 Annual leave and public and privilege holidays Annual leave is intended to give everyone regular periods of rest and recuperation. You should encourage individuals to take their full entitlements within their leave year. Specific points to consider it is good practice to ask for requests for annual leave at the beginning of each calendar year. This will allow you to plan ahead and agree periods of leave; all requests for annual leave should be given the same consideration. For example, a person who requests a week off during school holidays but has no childcare commitments should be given the same consideration as a person with school age children; disagreements may occur when several people request leave at the same time and operationally it is not possible to agree all requests. You should make every effort to resolve this type of situation, taking into account: previous applications and approvals, for example, you may have refused leave in the past for some individuals yet approved it for others; leave already taken, for example, you may consider have they had a period of leave over the last few months or are they in need of a break; and work commitments and cover within the office as a whole. (You will need to ensure that you have a clear policy on minimum staffing requirements in your office). none of the above should be used in isolation to make decisions, you should take account of all the above when considering applications; annual leave for individuals who work part-time is calculated on a pro rata basis. Privilege holidays/public holidays Full-time staff receive up to 12 days public and privilege holidays per year; Alternative work pattern staff receive a proportion of the full-time equivalent; HCS Staff Handbook is currently being revised. NICS Staff Handbook Leave & Attendance Part Chapters 2 & 7. 10

12 Career breaks Career breaks are extended periods of leave for up to five years. They can be granted for most purposes including further education, domestic responsibilities such as the care of young children, elderly or sick relatives, starting a business alternative employment (there are limitations for NICS staff wishing to work in N.Ireland). Career breaks enable individuals to exercise a real choice in these circumstances whilst providing an avenue back to work in the NIO. Specific points to consider you (as line manager) will need to discuss with your branch manager how the career break can be covered, for example, permanent or temporary recruitment, before you forward a request onto Personnel Services Division; if you (as the Head of Division or delegated officer) approve a request the application should be forwarded to NIO Personnel Services Division promptly for salary and administrative purposes i.e. "keeping in touch" arrangements; NIO Personnel Services Division can advise you on the following issues on request; a good attendance record and at least a satisfactory marking on their most recent annual report. the NIO will not consider applications from individuals if inefficiency or disciplinary action is being taken against them or when their expected date of return is within one year of retirement age. if you feel that you are not able to approve a request, because you cannot release the person on operational grounds, your reasons for making the decision need to be transparent. You will have to justify your decision to the applicant and guidance should be sought from Personnel Services Division. General point to consider Ensure you discuss with the individual the full range of relevant options, including work pattern and job-share in order to arrive at the best solution for everyone concerned. Keeping in touch Personnel Services Division (PM2) (through Office Services) will set up Keeping in Touch arrangements (NIO PSN 73/2001 refers) to keep staff informed whilst on career breaks, which will include, for example, sending out memos, key documents and job promotion opportunities regularly and will also keep in touch on the phone and invite staff on career breaks to attend communications meetings; Whilst staff are on career breaks their knowledge will naturally decline, therefore any refresher or retraining required needs to be planned immediately on their return to work. HCS Staff Handbook is currently under revision. NICS Staff Handbook Leave & Attendance Part Chapter 3. 11

13 Care responsibilities Where an individual has responsibility for the care of a dependant, the sort of work they can do may be restricted by the extent to which they can make satisfactory care arrangements. Specific points to consider If a person s care arrangements break down because of unexpected events, you should highlight the provisions available to them, for example, special leave, temporary re-arrangement of working hours, flexible working patterns (including part-time, job-share), or career breaks. Annual leave and staff welfare services are other alternative avenues to explore. Ensure employees are aware that they can be reimbursed if they incur additional care costs for attending a training event, work extra hours or have their normal working pattern varied. HCS Staff Handbook is currently being revised. NICS Staff Handbook Leave & Attendance Part Chapter 3. Family emergencies Following the introduction of the Employment Relations Act 1999, individuals have the right to a reasonable amount of time off to deal with family emergencies. Specific points to consider Family emergencies are: to help out when a dependant falls ill, gives birth or is injured or assaulted; to arrange for an ill or injured dependant to be cared for; as a result of the death of a dependant; because a dependant s care arrangements are disrupted or terminated; to deal with an incident involving a child which occurs unexpectedly in school time. A dependant is defined as a spouse or co-habitee, child, stepchild, parent or step-parent or anyone who depends on the individual. They do not have to reside at the same address. This applies to same sex couples also. unpaid special leave (Emergency Leave) is a statutory right and you are expected to allow this to deal with initial emergencies as outlined; paid special leave can be considered; annual leave or flexi leave, if requested, can also be considered. General point to consider What constitutes a reasonable amount of time off should be decided on a case by case basis and on each individual s circumstances. If you need further advice you should contact NIO Personnel Services Division who will be able to offer general advice. 12

14 HCS Staff Handbook is currently being revised. NICS Staff Handbook Leave & Attendance Part Chapter 3. Flexible working This is a system of working hours that provides flexibility on start and finish times and length of lunch break around core hours and subject to business needs. It allows people to vary their working times to provide a balance between work and home and enables the NIO to operate its business effectively. It permits individuals to choose to work longer hours when there is an operational need (within the guidelines of the Working Time Regulations 1998). It also gives individuals autonomy to decide whether they need a more flexible arrangement on any given day. Specific point to consider Operational Any review of an existing flexible working hours policy, for an office/location, must include consultation with trade unions. General points to consider flexible working patterns enable people to vary their working times to achieve a balance between work and home and enable the NIO to operate its business effectively. Flexible working arrangements are not there purely for an individual s benefit; if you agree to review working hours it does not have to necessarily be on a permanent basis. It often suits to have a trial period, with an in-built review and an option on both sides to say whether it has worked. At the end of the trial period it would be for you to decide whether to make the arrangement permanent. If you decide not to make the arrangement permanent then your reasons would need to be transparent and defensible. This applies both to an office/team or an individual; in consulting staff about what they think will meet individuals and business needs you will not lose control of the situation but you will gain some commitment from those people to ensure it works effectively. Work-life Balance is about a joint responsibility to meet business and personal needs; coming up with alternatives together will help to increase ownership; staff know we have a commitment to our customers and that targets have to be met so let them look at how they balance their needs against the business needs and have your team come up with some recommendations, around flexible working hours, for you to consider; in reviewing any workflow, identify what can be done within the time that the IT systems are accessible and what can be done outside of those times; some people may prefer to travel early to avoid the rush hour. Whilst you may allow them to enter the office, if you can justify to them that there is insufficient work then you can rightly say that they should not count time towards flexi until work becomes available, for example, if someone arrives at the office at 7.30am and there is no work available until 8.00am, when perhaps the post arrives, then their flexi time will not start until 8.00am; people have tighter entitlements to annual leave than flexi leave, but you can have some control about the amount of flexi leave that people accrue; 13

15 individuals who work part-time hours are also entitled to work flexible working hours and are allowed to accrue excess or deficit hours. Legal framework Be aware of any special needs of your staff. Under the Disability Discrimination Act (DDA) 1995 we have a duty to make reasonable adjustments for employees who have a disability. For example, some people with a disability may have difficulty travelling during the rush hour and need their hours adjusted accordingly. Another example may be flexibility over lunch times to allow staff to administer medication and/or attend treatment. HCS Staff Handbook is currently being revised. NICS Staff Handbook Leave & Attendance Part Chapters 1 & 3. Job-share This is where two or more people share a full-time or a part-time post. The manager gets the benefit of full cover for a post, while the individuals are able to work together to share the hours for the post. Specific points to consider seeing an opportunity to job-share may prompt some people to apply to work part-time hours. You must consider this as you would for any requests for part-time working; if your office cannot accommodate a request to job-share then NIO Personnel Services Division will be able to advise about any other job-share vacancies that may be available. General points to consider job-sharing introduces part-time people into posts which have usually been seen as full-time and extends the number of jobs which can be done on a part-time basis; each request to job-share needs to be discussed in detail with the individual before making a decision; job-sharing allows continuity of cover - if one person is off work, some of the work will still be completed. The other sharer(s) may even agree to undertake extra hours to provide cover. You must ensure that the sharer(s) are in agreement over cover arrangements; two or more people often bring a wider range of skills, experience and enthusiasm to a job than one person; the job-sharers will need to develop a good working relationship and a robust handover mechanism; once a job-share is created the two people concerned are not bonded for life. They will each have development needs and the job-share may only be a transitory arrangement; when managing individuals who job-share, you need to plan carefully each individual s responsibilities and consult with them when discussing their role and responsibilities; it is important that those job-sharing are recognised as individuals and treated as such; 14

16 communication is vital in a job-share, both for the individuals involved, their team and their line managers; two people who job-share apply for promotion. If one person is successful and the other is not, it is important to handle the situation sensitively. HCS Staff Handbook is currently under revision. NICS Staff Handbook Leave & Attendance Part Chapters 1 & 2. Maternity leave The NIO offers two maternity leave schemes. They are statutory maternity leave and NIO contractual maternity leave. Specific points to consider maternity leave is a complex subject with its roots firmly established within employment law. If you are unsure about any issues you should refer to either the HCS Handbook (under revision) or NICS Staff Handbooks, Leave and Attendance Part, Chapter 6 and to NIO Personnel Services Division; the Employment Relations Act 1999 established a statutory right to 18 weeks paid maternity leave (statutory maternity leave) for all women irrespective of length of service, hours of work or appointment dates; the NIO s provision offers up to 52 weeks maternity leave which includes the statutory maternity leave, statutory unpaid maternity leave and unpaid NIO contractual maternity leave. Eligibility conditions apply to NIO contractual maternity leave; it is important to remember that maternity leave is not discretionary and employees are entitled to take the full amount of leave they qualify for. Women are not obliged to take their full entitlement to maternity leave, but it is against the law for a woman to work in the two-week period following childbirth; a woman can take her full entitlement to unpaid NIO maternity leave at the time of birth or reserve some or all of it for a later date. The reserved portion can be shared between both parents if they are both civil servants. It is not necessary for both parents to work for the same HCS/NICS Department. This does not affect or disqualify parents from applying for parental leave or discretionary special leave for emergencies (NICS Staff Handbook, Leave and Attendance Part, Chapter 3) (HCS Handbook is currently under revision); all women have a right to ask for a risk assessment to be carried out in respect of their current job during pregnancy; for advice and entitlement conditions for maternity pay and maternity allowance please refer to the appropriate HCS (under revision) or NICS Staff Handbook, Leave and Attendance Part, Chapter 6 and to NIO Personnel Services Division. Ante-natal care The NIO has an obligation to allow reasonable time off with pay for ante-natal care, such as hospital and doctors appointments for all pregnant employees. Reasonable time off should be viewed as adequate time off to attend the appointment and for travel to and from the venue; 15

17 Time off for these appointments is applied for in the same way as special leave to line management. (See NICS Staff Handbook Leave and Attendance Part Chapter 3) (HCS Staff Handbook is currently under revision). Relaxation classes You may also need to consider applications from pregnant employees for time off with pay to attend relaxation classes. It is necessary to obtain confirmation that this was advised by a doctor, registered midwife or registered health visitor. Refer to the advice given in the appropriate HCS or NICS Staff Handbook before authorising time off for these classes. Parent craft classes Time off for parent craft classes is dealt with in the same way as relaxation classes. Keeping in touch NIO PSN 73/2001 outlines the need for NIO line managers to set up keeping in touch arrangements, to keep staff informed whilst on maternity leave. For example sending out promotion, trawl notices, memos and key documents regularly and keeping in touch on the phone and invite staff on maternity leave to attend communications meetings. Return to work A woman has the right to return to work following statutory maternity leave (18 weeks) or additional leave (up to 29 weeks after childbirth). She has the right to return to the same or an equivalent job and on the same terms and conditions, once this period of leave has ended; If on her return a woman wishes to change her working pattern you must make every effort to comply with the request. NIO Personnel Services Division will be able to provide further advice; When a woman returns from maternity leave you should deal sympathetically with requests to express breastmilk and should make arrangements for her to do so safely and privately. For example, provide a private room. HCS Staff Handbook is currently under revision. NICS Staff Handbook Leave & Attendance Part Chapters 6 & 3. Paternity leave Please see special leave section page 18. Parental leave Parental leave is a period of unpaid special leave granted to all parents to look after or make arrangements for the good of a child, not necessarily connected to the child s health. This is in addition to maternity leave and paternity leave and is unpaid. 16

18 Specific points to consider Parents are entitled to 13 weeks unpaid parental leave provided they have one year s continuous service and: they are a parent of a child born on or after 15th December1999 and that child is under five years old when parental leave is applied for; or they have adopted a child, after 15th December1999, under 18 years old. The right to take leave lasts for five years from the date the child was adopted or until their 18th birthday, whichever comes first (this is in addition to adoption leave); or they have acquired formal parental responsibility for a child which is born after 15th December1999 who is under five years old; if the child is disabled parental leave entitlement may be taken up until the child s 18th birthday; parental leave should be taken in weekly blocks, for example, if an individual applies for two days parental leave this will count as one full week of their entitlement (unless it is in connection with a disabled child); the amount of parental leave can be limited to four weeks in any one year; However special leave can be applied for in addition to the parental leave; as it is planned leave, the individual should discuss it with you as far in advance as possible; each request needs to be discussed in detail with the individual before making a decision; each request needs to be given equal consideration; determine how the absence will impact on both the work of the office and the people in it; parental leave is an entitlement, but there is no automatic right to take it on a particular date, so managers have the discretion to refuse a request for a particular period in time. Equally, managers cannot automatically say no. You have to consider every possible option before making your decision; line managers have the discretion to postpone the start of any parental leave period for up to six months (except for the first period immediately following birth or adoption); when applying for parental leave jobholders must give their Divisional Head or delegated officer notice of at least 21 days. For example, if they require two weeks parental leave they must notify you at least 21 days prior to the start date of the leave; whilst on parental leave the person will not lose any pension rights built up prior to taking the leave, nor will their annual leave be reduced; on return from parental leave the person has the right to return to the same or an equivalent job. NIO PSN 113/00 refers. HCS Staff Handbook is currently under revision. 17

19 NICS Staff Handbook Leave & Attendance Part Chapter 3. CSC 3 /00 Parental Leave. Special leave Special leave is not an automatic right in all circumstances and an individual can be asked to cover part of their absence with other forms of leave if it is appropriate in the circumstances. Special leave can be both paid and unpaid. There are two main categories of special leave: entitlements (eligibility conditions apply); marriage leave five days paid.there are eligibility conditions attached to these which are: you must have an appointment date earlier than 1st March 1990; or have an annual leave allowance of less than six weeks; have not previously taken any marriage leave; and intend to return to work after leave. paternity leave - two days paid + one days paid special leave; adoption leave - 20 days paid; parental leave - 13 weeks unpaid; bereavement leave - Up to five days paid - depending on circumstances; family emergencies - statutory entitlement to unpaid leave to cope with the initial emergency. Payment of leave or further leave is at manager s discretion; reserve forces training - eight days paid (maximum); jury service - special leave with pay for duration of service; other discretionary leave - special leave (with or without pay) dependent on the individual s circumstances and the operational needs of the office at the time. A full list of special leave entitlements and eligibility criteria is contained within both the HCS/NICS Staff Handbooks; (HCS is currently under revision; NICS Leave & Attendance Part, Chapter 3). people on temporary (non-permanent) appointments have no right to paid special leave except for jury service and ante-natal classes. They are, however, entitled to statutory leave, that is, emergency leave. 18

20 Specific points to consider all requests for special leave must be made in writing; any strict local policy on special leave must be avoided as each request has to be dealt with individually based on its merits; NIO has an obligation to allow reasonable time off for individuals to undertake public service roles, but is not obliged to pay them during their absence; in cases where they are applying for discretionary leave, consider if the applicant can reasonably be expected to cover the situation, at least in part, by annual or flexi leave; there are pay, leave and other implications in allowing special leave without pay; you can accept retrospective requests for special leave, in fact, due to the nature of the situation, staff may only be able to discuss it with you after the event; you must keep a record of all applications for special leave and review them periodically. This will help you to monitor who has applied for special leave (approved or refused) and whether any individual has repeatedly applied for special leave for the same type of situation. It will also help you ensure that no individual or group of individuals has been treated less favourably; under the Disability Discrimination Act 1995 (DDA) employers have a duty to allow employees who are covered by the Act to be absent during working hours for rehabilitation, treatment or assessment. General points to consider each request needs to be discussed in detail with the individual before making a decision. Discuss the application and, where possible, offer other solutions. Bear in mind that some applications for special leave may arise out of very sensitive situations and it may be difficult for the person to discuss them; if you turn down an application for special leave with pay purely on the basis that the individual cannot be spared from his / her duties, but then grant annual or flexi leave to others for the same period you will have to justify your actions in any subsequent grievance case; you cannot ask individuals to take annual leave or flexi leave instead of special leave with pay where they are entitled to special leave because of the circumstances; consider whether the applicant has demonstrated that he / she has tried to make alternative arrangements, as part of any discussion with him / her; determine how the absence will impact on both the work of the office and the people in it, but do not use it to make the applicant feel guilty. You need to balance impact on business operations and the urgency of the situation facing the individual; if you agree a short-term request then ensure people know that they should make contingency arrangements if that situation is likely to occur again; if it is a long-term special leave request, consider if there is an alternative available, for example, career break or a change in the individual s working pattern; 19

21 before making a decision about long-term absence you need to consider how much immediate and ongoing operational problems would be caused by the long-term absence; you have to be prepared to handle people s disappointment where you refuse an application; some people can feel resentment even when policies have been applied correctly; bereavement - it is good practice for managers to complete the request for special leave paperwork so staff do not have to go through another process unnecessarily; when individuals return from special leave you need to make sure the emergency which led to the request is now over and has been dealt with. If their difficulty has not been resolved, you need to consider what further support you can give them. HCS Staff Handbook is currently under revision. NICS Staff Handbook Leave & Attendance Part Chapter 3. 20

22 Section 3 Managing work-life balance within the NIO As a manager, staff may come to you for help and advice when they are experiencing problems both at work and at home. If pressures, both at work and home, become too much then this may lead to stress which can affect both work and home lives. Long hours working is an increasing pattern in the workplace and may result in extra demands and pressure being placed on individuals. As a manager you have a Duty of care for your people. Duty of care means you recognise when someone needs extra support to manage his or her workplace role. General points to consider be accessible and available to all staff and adopt an open and honest approach. Individuals will feel more able to discuss issues with you; be alert to factors like a pattern of sick leave, dip in performance and poor timekeeping which might indicate a problem; be aware of the sources of stress and the risks attached to ignoring adverse effects. Do not forget your own stress levels also; consider how jobs and duties are organised to help in managing undue pressure and long hours working. You may need to review the resources allocated to areas of work and also your own expectations of employees; clearly define individual s roles, when expectations placed on them are clear and nonconflicting, stress can be kept to a minimum; effective communication - listen to people s concerns and give a commitment to address them where possible. If you cannot influence a concern then say so; you need to be aware of the first signs of stress. These include: poor workplace relations with colleagues and customers; becoming withdrawn from colleagues; emotional outbursts; unaccustomed gloominess; irritability, lack of concentration; loss of motivation and commitment; increase in sick absence; poor decision-making; and reduced output or productivity. 21

23 you must be prepared to deal sympathetically and sensitively with people who may be suffering from stress; remember stress can come from numerous sources, home as well as work; the previous symptoms may not only be as a result of stress, other factors/problems may lead to similar patterns of behaviour, for example, health problems, personal problems, problems within the workplace and harassment; ensure that any matters are dealt with sensitively and confidentiality is maintained, unless the individual clearly indicates otherwise. Operational many people who are committed and responsible will stay in the office or work at home if the need be, for as long as it takes to get the work done. Sometimes managers perhaps without realising it, or perhaps quite consciously, take advantage of their staff s commitment; ensure that you acknowledge all staff commitments and not just the ones you notice are there during your working pattern. If people are doing a good job then acknowledging this will help to improve staff morale; it is important to remember that you need to value quality as well as quantity of work delivered; consider the needs and abilities of new recruits. There is a lead in time before a person is fully effective. Concern about letting people down, not being effective, is very stressful; it is important to remember to achieve a balance between the work undertaken by the new employee and their knowledge. If your new recruit is working late you may want to ensure that they are not feeling too much pressure and that they have the knowledge required to undertake the job; consider the expertise of individuals. It is not fair to expect people to do work for which they have neither the right expertise, nor the right training and then give no support. Neither is it fair to review their performance at the end of the period in a new post and judge them by the standards applied to long serving members; it is important to remember that individuals at different ages and stages in their lives may have different approaches to Work-life Balance. They may have different outlooks and different priorities in their lives at different stages. Harassment Harassment causes tension and conflict in the workplace which, in turn, can impact on both individuals work and home life. Some of the effects of harassment can be similar to those of stress. They may include: fear and anxiety; loss of confidence and self-esteem; poor performance; stress; 22

24 depression; and sick absence. It is important as an NIO manager to set up and uphold standards of behaviour so that individuals can work in a harassment free environment. Further information can be obtained from the (July 2000) Equal Opportunities guide (which is also electronically available from within OASIS, Equal Opportunity folder) or from the NIO Equal Opportunities Officers or NIO Harassment Contact Officers. Grievance Where a request for change in relation to the policies covered cannot be agreed, then staff should be made aware of the NIO grievance procedures. Please refer to the NIO Equal Opportunities Guide (also available electronically on OASIS, Equal Opportunity folder) or contact the NIO Equal Opportunities Officers. Support services available to NIO staff NIO Welfare Service, Occupational Health Services (OHS), Trade Unions, Civil Service Benevolent Fund, Civil Service Sports Council, NICS Sports Association, NICS & Kinderkist Holiday Play Schemes. Other facilities may be offered at Directorate/Agency discretion e.g. the availability of fitness facilities at NIO Millbank, London and at Stormont House, Belfast. 23