Carer Leave Policy. NHS Ayrshire & Arran Organisation & Human Resource Development Policy

Transcription

1 NHS Ayrshire & Arran Organisation & Human Resource Development Policy 1 Carer Leave Policy Version Number: 1.0 Prepared By: Policy Development & Review Working Group Effective From: June 2008 Review Date: June 2009 Dissemination Arrangements: APF Members Heads of Department Team Brief Intranet

2 Contents 1. Policy statement Aim Eligibility Definitions Scope Statutory Requirements Notification Resolution of disagreement Review...5 Appendix 1: Equality & Diversity Impact Assessment...6 June

3 1. Policy statement The Organisation will endeavour to adopt a sympathetic and helpful response at times of unexpected crises and urgent personal distress. Staff are often faced with responsibilities for taking care of family members or dependants. 2. Aim To help staff balance family responsibilities and work commitments at times of urgent, unforeseen need through the provision of paid or unpaid leave according to circumstances, thus improving their participation within the workplace. To provide short term leave for a compassionate response to the sudden and immediate need to provide care, or make any necessary long term care arrangements. 3. Eligibility All employees are entitled to take a reasonable amount of paid time off during working hours to deal with family emergencies. This right is available to all employees regardless of length of service. 4. Definitions The definition of carer as outlined in the Work and Families Act 2006 will be someone who cares for, or expects to care for: an adult who they are married to, or who is their partner or civil partner; someone who is a near relative (including parent, parent-in-law, child, siblings, uncles, aunts, grandparents and step-relatives); or someone who falls into neither category but lives at the same address as the carer. 5. Scope Leave under this policy will be short term, unplanned emergency leave where an employee faces an unexpected crisis as defined below and will normally be granted for 1 or 2 days in the first instance. However, managers can grant up to one contractual week normal paid leave at their discretion. There is no requirement that the approved leave is taken in one block. June

4 In cases of particular difficulty, discussions should take place with the relevant manager and HR Manager to assess other available alternatives e.g. flexible hours, banking hours, reduced hours/days or a different shift pattern. Carer Leave will be considered for the following reasons: Illness of a dependant breakdown of normal carer arrangements making longer term arrangements for coping with a care problem or, hospital appointments for the recipients of care The application of this policy under these arrangements is not intended for long term caring, family needs or planned events that may be considered under other work life balance policies, for example, career break and parental leave. Employees can also utilise annual leave and unpaid leave if caring responsibilities continue beyond the immediate crisis period. Abuse of the Carer Leave policy will be dealt with under the Management of Employee Conduct Policy. Other ways in which the organisation can be carer-friendly include where possible: Allowing staff to make telephone calls home at intervals to check on the person cared for Flexible working hours Access to support counselling services or a carer s network 6. Statutory Requirements This policy is in line with the following legislation: Employment Rights Act 1996 Employment Relations Act 1999 Work and Families Act Notification With most cases, employees will be unlikely to know in advance when they will require to take carers leave. Employees must personally contact their immediate line manager at the earliest opportunity, to advise of the need for carers leave. June

5 The situation and the number of days carer leave required should be discussed with the manager. The manager will consider the circumstances and authorise the appropriate number of days leave. The leave and type must be noted on the absence recording sheet. The employee should keep in touch with the relevant manager throughout the period of carers leave. 8. Resolution of disagreement No request for leave under this policy will be unreasonably withheld. Should a disagreement arise, the individual has the right to raise a formal grievance. It may be preferable in such circumstances, however, for the manager to seek advice on resolving the matter from an appropriate member of the HR Team and a Staff Side Representative. 9. Review This policy will be monitored on an annual basis to review its utilisation and impact on service provision. June

6 Appendix 1: EQIA SUMMARY SHEET Name of policy Carers Leave Policy Review Team : Names Role of Assessment Team Gillian Wallace, David Davidson & Jane McKie Policy Work Team Dates of assessment: 3 June 2008 PART ONE: RAPID IMPACT ASSESSMENT (INITIAL SCREENING PROCESS) SECTION ONE: AIMS OF THE POLICY 1. Is this a new or existing policy? Existing Policy 2. What is the aim or purpose of the policy? The main aim of this policy is to provide staff with the provision to take short term leave for a compassionate response to the sudden and immediate need to provide care, or make any necessary long term care arrangements. 3. Who is this policy intended to benefit or affect? In what way? Who are the stakeholders? All staff and potential staff June

7 4. How have these people been involved in the development of this policy? The draft policy has been developed in partnership through the Policy Development and Review Working Group. The policy was then circulated for consultation through the APF. 5. What outcomes are intended from this policy? This policy is part of NHS Ayrshire and Arran commitment to equality and diversity and to help staff balance family responsibilities and work commitments at times of urgent, unforeseen need through the provision of paid or unpaid leave according to circumstances, thus improving their participation within the workplace. 6. What resource implications are linked to this policy? The policy will require regular monitoring and reviewing to ensure compliance with relevant legislation and PIN Policy. For new and review policies only: 7. What research or consultation has been done? PIN policies and relevant legislation were considered. Information was gathered prior to the review process to highlight any key issues that required to be addressed. This helped inform the initial review process. 8. What stage is the policy at? The policy is in final draft format. 9. What is the target date for completion? June 2008 SECTION TWO: IMPACT ASSESSMENT 15. Complete the following table, giving reasons or comments where: a) The policy could have a positive impact by contributing to the general duty by June

8 Eliminating unlawful discrimination Promoting equal opportunities Promoting relations within the equality group Taking account of disabilities b) The policy could have an adverse impact by disadvantaging any of the equality groups. Particular attention should be given to unlawful direct and indirect discrimination. c) If any potential impact on any of these groups has been identified, please give details - including if impact is anticipate to be positive or negative. Equality Target Groups Women and Men Minority ethnic groups inc gypsy travellers, refugees & asylum seekers Religious or faith groups Children & young people Older people People with disabilities (physical or learning) Homeless Lesbians Gay men Bisexuals Transgender people Other Positive the policy is accessible to all staff regardless of gender. Negative there are the potential for language and cultural barriers in access to the policy. This will be overcome by ensuring the policy is available in a variety of format and languages. Positive the policy is accessible to all staff regardless of age. Positive the policy is accessible to all staff regardless of age. Negative there may be the potential for communication issues in access to the policy. However, the policy will be available in a variety of formats. Positive the policy is accessible to all staff regardless of gender. June

9 Equality Target Groups Individuals with Mental Health issues People in criminal justice system People in poverty Married/ unmarried people/ civil partnerships People with language or social origin issues Staff Negative there may be the potential for communication issues in access to the policy. Negative there may be the potential for language or social origin issues in access to the policy. However, the policy will be available in a variety of formats and languages. SECTION THREE: Crosscutting issues: What impact will the proposal have on lifestyles? For example, will the changes affect: Diet and nutrition? Exercise and physical activity? Substance use: tobacco, alcohol or June

10 drugs? Risk taking behaviour? Education and learning, or skills? Other SECTION FOUR: Crosscutting issues: Does your policy consider the impact on the social environment? Things that might be affected include: Social status Employment (paid or unpaid) Positive the individuals will be able to retain their social status through better balancing their work and personal commitments with the support of the organisation. Positive- the individual will be able to retain paid employment that allows them to better balance their work and personal commitments. Social/family support Positive- the individual will be able to better balance work and family commitments through access to short term leave to deal with family crises with the support of the organisation. Stress Positive- the policy will help reduce the stress of trying to balance work and personal circumstances throug offering a short term periods of leave to deal with unexpected family crises. Income Positive- the individual will be able to retain a regular income while being able to balance work and persona circumstances through offering a short term periods of leave to deal with unexpected family crises. Will the proposal have any impact on Discrimination? Positive- the policy is accessible to everyone regardless of age, sexual orientation, religion, gender, disability or race. Equality of opportunity? Positive the policy will promote equal opportunity through being accessible to everyone. June

11 Relations between groups? Other Positive the policy is accessible to everyone so no group will be adversely affected. SECTION FIVE: Crosscutting issues: Will the proposal have an impact on the physical environment? For example, will there be impacts on: Living conditions? Working conditions? Pollution or climate change? Accidental injuries or public safety? Transmission of infectious disease? Other Will the proposal affect access to and experience of services? For example: Health care Positive the ability to better balance work and personal commitments with the support of the organisation will lead to a more productive workforce encouraging recruitment and retention. Social Services Education Transport Housing June

12 SECTION SIX: EXAMINATION OF AVAILABLE DATA AND CONSULTATION Data could include: consultations, surveys, databases, focus groups, in-depth interviews, pilot projects, reviews of complaints made, user feedback, academic or professional publications, reports etc) 10. Name any experts or relevant groups / bodies you should approach (or have approached) to explore their views on the issues.. As part of the Policy Development & Review process information is gathered via initial consultation through the APF to inform the review and highlight any key issues for consideration. Following the review a final draft is prepared and circulated for final consultation prior to submission to the APF for approval. 11. What do we know from existing in-house quantitative and qualitative data, research, consultations, focus groups and analysis? Internal consultation process undertaken via the APF to identify any areas that required significant development or clarification. This was carried out at the start and end of the review process. 12. What do we know from existing external quantitative and qualitative data, research, consultations, focus groups and analysis? Have considered this against Scottish Government Health Department policy and considered other Health Board policies and legislation to identify best practice. 13. What gaps in knowledge are there? June

13 SECTION: SEVEN: Have any potential negative impacts been identified? If so, what action been proposed to counteract these? Negative impacts (if yes, state how) e.g. There may be language and communication problems in accessing the policy. However, the policy will be available in a variety of formats and languages to overcome this. Is there any unlawful discrimination? No Could any community get an adverse outcome? No Could any group be excluded from the benefits of the policy/function? No Does it reinforce negative stereotypes? No Monitoring SECTION EIGHT: How will the outcomes be monitored? The policy outcomes will be monitored by the dept of O&HRD, Policy Development & Review Working Group and APF What monitoring arrangements are in place? The dept of O&HRD will monitor and review the job share database. The policy wil be reviewed yearly by the Policy Development & Review Working Group as part of the work programme and submitted to the APF for approval. Who will monitor? The policy will be monitored by the dept of O&HRD, Policy Development & Review Working Group and APF What criteria will you use to measure progress towards the outcomes The uptake of the policy within the organisation. June

14 Recommendations (This should include any action required to address negative impacts identified The policy will be available in a variety of formats and languages. The policy will be plain English checked. Is a more detailed assessment needed? No (It is not necessary to subject all proposals to a detailed assessment.) If so, for what reason? Completed policy 1. Who will sign this off? APF When? June 2008 Publication 1. How will this be published? Intranet and hard copies available from the department of O&HRD. 2. Copy given to Lead Director for Diversity? Yes June

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