POLICY REFERENCE NUMBER SABP/WORKFORCE/0028. POLICY NAME Leave (Paid & Unpaid) HR Advisor Retention & Engagement

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1 POLICY REFERENCE NUMBER SABP/WORKFORCE/0028 POLICY NAME Leave (Paid & Unpaid) BRIEF OUTLINE OF THIS POLICY To provide guidance on the different types of leave; the length of leave, whether this should be paid or unpaid and the procedures for applying for paid or unpaid leave. Version Number 5.0 Approving Committee Policy Category Executive Lead Name of Author Executive Board Human Resources Director of Workforce Date Approved 7 th June 2018 Date Issued 31 st July 2018 Review Date 7 th June 2021 Target Audience HR Advisor Retention & Engagement All staff employed by Surrey and Borders Partnership NHS Foundation Trust and Managers employed by partnership/ external organisations who manage Trust employees. KEY PRINCIPLES ABOUT THIS POLICY This policy will assist employees to better use their entitlement to leave, both 1. paid and unpaid and to take time off work in certain circumstances. 2. This policy will improve our ability to attract and retain valuable staff. This policy will improve our ability to support staff with their development, 3. career progression and improve employee health and wellbeing. This policy has been reviewed and is compliant with the most up to date Code of Practice and NICE Guidelines Title of Code of Practice NICE Reference Number(s)

2 VERSION CONTROL LIST Version Date Author Status Comment 3.1 November January 2016 A Edge Review Additional Paternity leave update; Parental Leave update; Shared Parental Leave update A Edge Review Parental leave legislative update 4.0 March 2016 A Edge Amendments agreed in 5.0 May 2018 N Cotton Approved PAG Summary of Changes since Version (4.0) Numbers (Select the appropriate action) Page Paragraph Appendix Original/New/Amendment/Deleted Statement (select the appropriate action) 3.0 New - Added related policies absence management and rostering policy 6.0 New roles and responsibilities 7.0 New Procedure flowchart 10.1 New Added reckonable service and contractual terms Deleted annual leave entitlement is dependent upon working hours and NHS reckonable service. Page 2 of 66

3 Added the manager may need to seek further authorisation Deleted New employees who joined our Trust after 1 st April will accrue annual leave on a pro rata basis Deleted based on the proportion of the leave year from their start date to end of leave year Deleted Only in exceptional circumstances with agreement of the Divisional Director will any annual leave be carried over into the following year Added on provision of a sick note Added in most cases 10.7 Deleted additional paternity leave section as this has been replaced by shared parental leave. Amended - If our Trust employs both adoptive parents, one may take adoption leave and the other parent may be able to take paternity leave or shared parental leave New Surrogacy section 10.9 Moved parental leave section from to Added An employee should request paternity leave via a change form to payroll. Deleted - Employees with over 12 month s service 1 within the NHS on the expected week of birth of their child will be entitled to Added Employees who have worked 1 Doctors do not require previous service to apply for this leave. Page 3 of 66

4 continuously within the NHS for 26 weeks ending with the 15 th week before the baby is due. Amended - Paternity leave must be taken on consecutive days Page 4 of 66

5 Section Contents Page POLICY SECTION Page Version Control List 2 Summary of Changes Policy Purpose Policy Statement Related Policies Glossary of Terms References 8 PROCEDURE SECTION 6.0 Roles and Responsibilities Procedure Flow Chart Procedure Statement Procedure Applying for Leave Planned Leave Annual Leave (non-medical Staff) Annual Leave (Medical Staff) Jury Service (Paid) Medical Appointments or Treatments Leave for Public Duties or Membership of Statutory or Local 20 Authorities (Paid) 10.6 Maternity Leave (Paid & Unpaid) Adoption Leave (Paid & Unpaid) Surrogacy Leave Shared Parental Leave Paternity Leave (Paid & Unpaid) (Ordinary Paternity Leave 22 Page 5 of 66

6 PROCEDURE SECTION Parental Leave (Unpaid) Leave for Employees undergoing Fertility Treatment, including IVF Leave to Attend Interviews Examination/Revision Leave Time Off for Training/Personal Development (Unpaid) Approved Absence for Religious Observances Employment Break Scheme (Unpaid) Emergency Leave Applying for Emergency Leave Entitlement Bad Weather Arrangements Appeals Advice Monitoring Table 39 Equality Analysis 40 Appendices Appendix 1 Jury Service (Consent for deduction of Daily Juror allowance from pay) Appendix 2 Jury Service Attendance (Confirmation of Non-attendance at work during jury service) Appendix 3 Maternity Leave Application Form Appendix 4 Employment Break Request Form Appendix 5 Shared Parental Leave Page 6 of 66

7 POLICY SECTION 1.0 Purpose Our Trust recognises that staff face challenges in balancing their working lives with commitments outside of work. This policy will assist employees to better use their entitlements to leave, both paid and unpaid, to take time off work in certain circumstances. (NB: Holidays during school term time - The Trust advises employees to be mindful of obtaining the Head Teacher s permission to withdraw children during term time.) This Policy will: Improve our ability to offer a flexible package of leave, benefits and entitlements; Improve our ability to retain valuable experienced, trained and reliable staff; Improve our ability to attract staff; Improve our ability to attract staff with domestic and social responsibilities; Improve our ability to support staff with their development and career progression; Improve employee health and wellbeing; Reduce recruitment and retention costs. 2.0 Policy Statement The guide applies to all staff (except Bank staff). Where medical staff provisions are different, these are indicated separately under the relevant section. Page 7 of 66

8 3.0 Related SABP Policies Flexible Working Policy Equality and Human Rights Policy Absence Management Policy Rostering Policy 4.0 Glossary of Terms ESR Electronic Staff Record 5.0 References Not applicable Page 8 of 66

9 PROCEDURE SECTION 6.0 Roles and Responsibilities Chief Executive The Chief Executive has overall responsibility for ensuring the Trust has suitable and effective leave arrangements in place and are within legal frameworks. Director of Workforce The Director of Workforce has board level responsibility for ensuring the Trust meets its statutory duties under the Working Time Regulations. The Director of Workforce reports to the Chief Executive and Executive Team any significant issues arising from the implementation of this policy so that remedial action can be taken. All Directors All directors are responsible for ensuring that suitable and effective arrangements are in place for leave. Directors are also responsible for the health and safety of their staff. Managers Will ensure staff are aware of the procedure for requesting annual leave, see policy on Rostering, Working Time Regulations and E Rostering SABP/0030 Section 3 Staff Employees will be required to apply for the leave in accordance with the procedures outlined within this document. Page 9 of 66

10 7.0 Procedure Flow Chart Complete relevant appendix form Send form to line manager for authorisation Send the form to HR for approval to: Employment Services, Trust HQ, 18 Mole Business Park, Leatherhead. KT22 7AD 8.0 Procedure Statement Our Trust is committed to improving Working Lives and as such does not expect any staff to fulfil working commitments during episodes of annual leave. Annual Leave should enable a member of staff to take time away from work to relax and enjoy a break. In line with the Working Time Regulations there must be a minimum of 20 days annual leave which must be taken as leave without the member of staff working for this Trust or anywhere else. 9.0 Procedure There are two broad types of leave; planned leave and Emergency Leave. Entitlements and procedures vary dependant on the type of leave requested and further details are provided in this document. 9.1 Applying for Leave All leave, both planned and emergency, should be requested via ESR Self- Service, unless leave is booked on e-rostering. All leave must be recorded in hours. Where, within this policy, days are referred to, a day equates to 7.5 hours (with the exception of medical staff where a day equates to 8 hours). Page 10 of 66

11 10.0 PLANNED LEAVE 10.1 Annual Leave (Non-Medical Staff) Annual Leave is a yearly entitlement to paid time off work. Annual Leave accrual is dependent upon the hours worked and length of reckonable service and contractual terms. Employees are required to request annual leave via ESR Self-Service, unless leave is booked on e-rostering. In accordance with local arrangements and managers will consider all requests and weigh the needs of the individual against the needs of the service and the need for equity and fairness when considering whether to grant the request. When considering annual leave requests managers must consider how leave can be equitably allocated amongst staff, paying particular attention to peak periods of demand such as summer and winter holidays. The annual leave period shall be from 1 April to 31 March the following year. Annual Leave for all Staff should be calculated, recorded and requested in hours as this ensures equity and fairness. The term, Annual Leave within our Trust is used to describe the leave entitlement which is inclusive of both basic annual leave and bank holiday leave Annual leave Entitlement All periods of previous NHS service, once evidenced, will be considered aggregate service for the calculation of annual leave entitlement. The Annual Leave entitlement consists of two elements; Basic annual leave and General Public holidays (Bank Holidays) however, all leave calculations are based on the sum of these elements, referred to simply as, Annual Leave. Page 11 of 66

12 When requesting more than 2 weeks consecutive annual leave manager approval may need to be obtained for further authorisation. Annual Leave accrued for 1 year of NHS employment, is defined under the National Terms and Conditions of Employment 2 and is contained in Table 1 below. Length of Service On appointment After 5 years service After 10 years service Annual Leave & General Public Holidays 27 days + 8 days / hours 29 days + 8 days / hours 33 days + 8 days / hours Table 1 Annual Leave Entitlement Full Year Staff not employed under an Agenda for Change contract, who remain on local contracts, will continue to accrue their leave at the rate according to their contract Accrual of Annual Leave when absent from work During periods of unpaid sickness employees will accrue statutory annual leave in accordance with the Working Time Regulations Employees who are on maternity and adoption leave will continue to accrue contractual annual leave during the unpaid periods of their maternity and adoption leave Bank Holidays / General Public Holidays A General Public Holiday/Bank Holiday shall be defined as a period of normal duty that starts within the period of 24 hours from midnight to midnight. A Bank Holiday will consist of 7.5 hours. 2 NHS Terms and Conditions are also known as Agenda for Change 3 Please refer to Absence Management Procedure SABP/0033 Paragraph 12. Page 12 of 66

13 Employees are entitled to paid General Public Holidays (Bank Holidays) each year. Table 1 is calculated on the basis of there being 8 bank holidays/60 bank holiday hours pro-rata, as is generally the case. The 8 General Public Holidays in the year are: Christmas Day Boxing Day New Year s Day Good Friday Easter Monday May Day Spring Bank Holiday August Bank Holiday All staff, including part -time staff and those with variable hours or compressed working weeks should calculate their annual leave inclusive of Bank Holidays. Annual leave should be booked for any General Public Holiday where you would normally have worked or have been rostered on. Employees should deduct the same amount of hours they were due to work from their holiday entitlement. For example, if an employee is due to work for 10 hours on a bank holiday, and the employee books that bank holiday as leave, 10 hours should be deducted from the annual leave entitlement Recording of Annual Leave Leave entitlement and usage should be recorded in hours on the Electronic Staff Record (ESR) Self Service, unless leave is booked on e-rostering. It is the responsibility of the manager and the employee to maintain an accurate record of leave, both paid and unpaid, on ESR or e-rostering Calculating Yearly Annual Leave Entitlement The Annual leave entitlement for staff is calculated in hours and can be obtained on the Trust web. Page 13 of 66

14 Annual Leave is calculated as follows: Annual leave entitlement (days i.e Public Holidays) / 37.5 (Full Time Hours) x Weekly Contracted Hours As such, an employee that works for 22 hours per week and has no previous NHS service can calculate their annual leave as follows: / 37.5 x 22 = 154 hours Calculating Part Year Annual Leave Entitlement In accordance with the Working Time Regulations 1998, where the date the employee s employment begins is later than 1 st April, the employee is entitled to a proportion of their full year entitlement. The same principle applies when the employment ends. The formula used to calculate this entitlement is as follows: Full year Leave entitlement / 365 x days of employment in this leave year Calculating Leave as a result of change to Contracted Hours Where staff change their contracted hours, this will result in a recalculation of their annual leave entitlement based on completed days on the new and the old contracted hours to give the full year entitlement. This will be inclusive of Bank Holidays. The formula used to calculate this entitlement is as follows: Annual Leave accrued when working xx hours per week + Annual Leave accrued when working xx hours per week Page 14 of 66

15 Calculating Annual Leave resulting from changes to NHS service Mid- Year Annual Leave is accrued at a higher rate when 5 or 10 years service is reached. A Part Year calculation should be performed for the first part of the year, based on the lower entitlement, followed by a part year calculation for the remainder of the year based on the higher entitlement. These two figures are then added together to form the full years entitlement in hours. Annual Leave accrued during first part of the year + Annual Leave accrued during second part of the year Calculating Annual Leave for Compressed hour Contract Those working compressed hours will calculate their leave entitlement in the same way as a part time employee. Full Time leave entitlement / 37.5 (Full Time Hours) x Weekly Contracted Hours Calculating Annual Leave for Term Time Contracts A term time contract requires an employee to work a standard amount of hours for 39 or 38 weeks of the year. The 13 or 14 weeks of school holidays are not worked. The entitlement to annual leave is calculated by payroll and the employee s monthly salary is adjusted to include payment of leave accrued during the 38/39 working weeks. The employee has no further annual leave to use outside of the school holidays. Any excess payment for accrued annual leave paid to staff in the year of termination will be recovered by our Trust from their final pay. Page 15 of 66

16 Carry over of Leave Our Trust expects that staff should be provided with the opportunity to take all their annual leave entitlement within the annual leave year Annual leave whilst on Sick Leave Employees may request a period of annual leave whilst absent from work and receive their normal rate of pay. If they do wish to take annual leave they must inform their manager who will record it on ESR or e-rostering. When an employee has been unable to take their annual leave due to sickness absence, or falls sick during scheduled annual leave and it is not possible to reschedule the leave in the current leave year, the untaken leave can be carried over into the following leave year on provision of a fit note. This only applies to statutory annual leave not contractual annual leave in accordance with the Working Time Regulations Staff returning to work on a phased return will be expected to take their outstanding accrued annual leave during the period of the phased return. Please refer to the Absence Management Policy for further information relating to sickness absence and annual leave Fraudulent activity in relation to Leave Any activity intended to extend periods of absence without prior authorisation, or periods of leave coinciding with declined leave requests may constitute gross misconduct and would be addressed in accordance with the disciplinary policy Annual Leave (Medical Staff) In addition to basic entitlements below, the leave entitlements of Medical Practitioners in regular appointments are additional to eight public holidays and two statutory holidays or days in lieu thereof. Public and statutory days Page 16 of 66

17 are pro-rated for part time medical practitioners in the same way as all other staff. The leave year runs from the anniversary date of the doctor s appointment in most cases. 5 days annual leave a year may be carried over into the next leave year exceptionally, with agreement by the Line Manager, with the exception of training grade doctors where leave must be taken during the current placement. Annual leave entitlement for medical staff can be found on the Trust Web. It is suggested that medical staff refer to their Terms and Conditions Medical Practitioners (Consultants, SpR, StR) Medical Practitioners at the following grades shall be entitled to leave at the rate of 6 weeks a year: Consultants - (increases by 2 days after 7 years in the grade) SpRs, StRs and StRs (FT) on the third or higher incremental points of their scale Hospital Practitioners Associate Specialists Speciality Doctor Practitioners in the Specialty Doctor grade who have completed two years' service in the grade or who had an entitlement to six weeks' leave a year in their immediately previous appointments Other Medical Practitioners The following Medical Practitioners shall be entitled to leave at the rate of 5 weeks a year: StRs and StR (FT)s on the minimum, 1st or 2nd incremental points of their payscale F1 & F2 doctors Page 17 of 66

18 On call during Bank Holiday Hours Any staff that are not on a 24/7 working schedule who work on call into or on a bank holiday will be entitled to a day in lieu, which should be taken and recorded as time off in lieu Jury Service (Paid) Where employees are summoned for jury service the employee will complete the Jury Service form (Appendix 1) and give this to their manager along with the Certificate of Loss of Earnings form that has been provided to them by HM Court Service. A second form will be required if the employee is not discharged after 10 days. The manager will forward the Certificate of Loss of Earnings form to Payroll who will complete indicating that the daily net loss of earnings for the first 10 days is the daily rate payable by the court. If this amount net is more than the employee currently earns then Payroll will calculate the actual figure and insert that on the form instead. Payroll will send the completed form to the Court. When the employee has been discharged from jury service they should request a Certificate of Attendance from the Jury Manager at the court and give this to their manager immediately upon their return to work. The employee must claim the maximum daily rate payable by HM Court Service from the Court for each day, or half day, stated on the Certificate of Attendance. The manager will review the Certificate of Attendance against their own records of attendance during the period of jury service and complete the Jury Service Attendance form (Appendix 2) and forward to Payroll. Any days that the manager has stated that the employee does not have a Certificate of Attendance and for which the manager did not authorise non-attendance at work will be treated as unpaid unauthorised absence. Page 18 of 66

19 Payroll will review the Certificate of Attendance and Jury Service Attendance forms and deduct the total amount that the employee is eligible to claim from HM Court Service plus any unpaid unauthorised absences from the next salary payment Medical Appointments or Treatments It is expected that employees will arrange such appointments for the doctor and dentist in their own time. Where this is not possible employees are expected to arrange for appointments to be scheduled for a time which minimises the effect on the service, such as at the beginning or the end of the day. Where employees have no alternative but to attend such appointments during working hours managers should, where possible, grant requests for time off to attend medical appointments and treatments by agreeing the use of time off in lieu. Alternatively annual leave can be used. Where staff are covered under the Equality Act 2010, time off with pay will normally be granted for a reasonable period, although managers should consider the flexible use of time off in lieu. For all medical appointments or treatments managers can request evidence from the employee of the medical appointment. Pregnant women are allowed paid time off work to attend antenatal appointments. Please refer to the Maternity Provisions Section 15 of the National Terms and Conditions (known as Agenda for Change). All leave for medical appointments should be recorded in the Electronic Staff ESR Self Service, unless e-rostering is used to record leave, and authorised/declined by the line manager. Page 19 of 66

20 10.5 Leave for Public Duties or membership of Statutory or local Authorities (Paid) Where employees are undertaking duties or acting as members of the following, they should request time off via ESR Self Service, unless leave is booked on e-rostering, and provide supporting evidence/membership documentation: Magistrate or Justice of the Peace National Rivers Board Authorities Governor for a school or college of further education Regional or Family Health Service Authorities Statutory Tribunal Boards of Prison Visitors Elected Council Member for Local Government The decision to grant leave is at the discretion of our Trust and this will take into account the needs of the service. Where Special Leave with pay is granted this should not exceed 10 days in any rolling 12 month period Maternity Leave (Paid & Unpaid) All employees have the right to take 52 weeks of maternity leave. This is in accordance with Section 15 of the National Terms and Conditions (known as Agenda for Change). However, please seek advice from the Human Resources Department as an application pack will be sent and the application form will need to be completed (Appendix 3). Medical Practitioners should refer to the National Terms and Conditions, Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) for their maternity provision. Page 20 of 66

21 Employees who have a lease car should refer to the Lease Car Policy (SABP/Workforce/0006) to consider which option they wish to follow Adoption Leave (Paid & Unpaid) There is entitlement to paid occupational adoption leave for all employees who adopt a child (not above the age of 18). They must have primary caring responsibilities for that child. If our Trust employs both adoptive parents, one may take adoption leave and the other parent may be able to take paternity leave or shared parental leave. Employees with less than 12 months service will be entitled to a period of unpaid leave. A reasonable amount of time off will be given to attend any official meetings in the adoption process. Whereby the amount of official meetings exceeds what is reasonable management should grant the use of annual leave. This is in accordance with Section 35 of the National Terms and Conditions (known as Agenda for Change). However, please seek advice from the Human Resources Department as in line with Maternity provisions, an application pack will be sent and the application form will need to be completed. Medical Practitioners should refer to the National Terms and Conditions, Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) for their adoption provision. Employees who have a lease car should refer to the Lease Car Policy (SABP/Workforce/0006) to consider which option they wish to follow. Page 21 of 66

22 10.8 Surrogacy Leave Surrogate mothers have the right to 52 weeks maternity leave. Adoption leave and pay is available to eligible employees who become the legal parents following an application for adoption or a parental order. Intended parents in a surrogacy arrangement may qualify for shared parental leave Shared Parental Leave Shared Parental Leave (SPL) enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. All eligible employees have a statutory right to take SPL. There may also be an entitlement to some Shared Parental Pay (ShPP). If the mother/adopter of the child is entitled to statutory/enhanced maternity pay and ends or gives notice to reduce their entitlements then they and/or their partner may opt-in to the SPL system and take any remaining leave as SPL at the statutory rate. For further details refer to Appendix Paternity Leave (Paid & Unpaid) (Ordinary Paternity Leave) An employee should request this paternity leave via ESR Self Service, unless leave is booked on e-rostering. Employees are required to submit a copy of their partner s certificate of confinement (MAT B1 form) of birth or adoption certificate along with their application form. Paternity Leave will only apply to the biological and adoptive fathers, nominated carers and same sex partners. Employees who have worked continuously within the NHS for 26 weeks ending with the 15 th week before the baby is due will be entitled to 10 days 4 paid paternity leave plus 5 days unpaid paternity leave pro rata (10 days for 4 1 day is equal to 7.5 hours (pro rata for part time staff) Page 22 of 66

23 Doctors). Paternity leave must be taken on consecutive days, but must commence within 56 days of the birth. Medical Practitioners should refer to the National Terms and Conditions, Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) for their paternity provision Parental Leave (Unpaid) All employees who have a baby or adopt a child with at least 12 months continuous service with the NHS are entitled to parental leave. Employees who have nominated caring responsibilities are entitled to 18 weeks unpaid leave for each child up to their 18 th birthday. Entitlement the limit on how much parental leave an employee can take in a year is 4 weeks for each child; Parental leave must be taken as whole weeks (i.e. in blocks of one week or 2 weeks) rather than individual days, unless the child is disabled; Parental leave doesn t need to be taken all at once and can be taken at any time up to the child s 18 th birthday. Eligibility at least 12 months continuous NHS service; the employee must have nominated parental responsibility; the employee is not a foster parent (unless secured parental responsibility has been obtained through the courts); the child is under 18. Notice Period the employee must give 21 days notice before their intended start date (if the employee or their partner are having a baby or adopting, 21 days before the week the baby or child is expected); Page 23 of 66

24 the employee must confirm the start and end dates in their notice via Employee Self Service. Delaying Leave Leave can t be postponed / delayed if:- o we do not have a significant reason (i.e. it would cause serious disruption to the business); o Parental leave is being taken by the father or partner immediately after the birth or adoption of a child; o it means an employee would no longer qualify for Parental leave (e.g. postponing it until after the child s 18 th birthday). Leave can be postponed by us if: - o we write explaining why within 7 days of the original request; o we suggest a new start date this must be within 6 months of the requested start date; o we can t change the amount of leave being requested. At the end of parental leave an employee will be entitled to return to work under their original contract and on no less favourable terms and conditions of employment Leave for Employees undergoing Fertility Treatment, including In Vitro Fertilisation (IVF) An employee should request leave for IVF/Fertility treatment via ESR Self Service, unless leave is booked on e-rostering. Applications for IVF/Fertility treatment must be dealt with promptly, sympathetically and in the strictest confidence. Page 24 of 66

25 To be eligible for paid leave for IVF/Fertility treatment, employees must have 12 months continuous service within the NHS on the date that their IVF/Fertility treatment is due to commence. Up to 5 days paid leave 5, specifically for IVF/Fertility treatment in a year, can be granted by the line manager to a maximum total of 10 days, during the length the employment of the member of staff. The amount of time off should be appropriate for the type of treatment the employee is undertaking. The manager may seek advice from the Occupational Health department. Any leave granted for IVF/Fertility treatment will be recorded at special leave for medical appointments or treatments and not as sickness absence. Any sickness relating to IVF/Fertility treatment in excess of the leave that has been granted will be recorded as sickness absence and addressed in line with the Absence Management Policy. Applications for leave for IVF/Fertility treatment should be made in accordance with the process below:- Confirmation from the employees GP / Hospital or clinic that fertility treatment is being undertaken. Give 21 days notice of the date on which IVF/ Fertility treatment is due to commence. If not reasonably practicable to provide 21 days notice, then information must be provided as soon as possible. Agreement with the manager on how the employees would like to use leave that has been granted. The leave can be used, for treatment and recovery either individually or in a block. Employees with less than 12 months service within the NHS on the date the IVF/Fertility treatment is due to commence will be entitled to up to 5 days unpaid leave, specifically for IVF/Fertility treatment in that year of treatment. 5 1 day id equal to 7.5 hours (pro rata for part time staff) Page 25 of 66

26 The employee will then be eligible for 5 days paid leave during the length of their employment. Employees, who wish to have further IVF/Fertility treatment, should either use their annual leave or apply for unpaid leave to their manager, by requesting via ESR Self Service, unless leave is booked on e-rostering. There is no legal right to have leave for infertility treatment Leave to Attend Interviews Paid leave should be granted in order for employees to attend interviews within our Trust, and in situations of organisational change where staff are under notice of redundancy. In other circumstances annual leave or unpaid leave should be agreed Examination / Revision Leave Any course or study that has been sponsored or approved by our Trust and/or part of the employee s personal development plan attracts the following:- Paid time off to sit the examination(s) For Medical staff, professional or study leave is granted for postgraduate purposes and includes study (usually, but not exclusively or necessarily, on a course), research, teaching, examining or taking examinations, visiting clinics and attending professional conferences. Doctors should refer to the JLNC agreement about additional professional leave. The recommended standards are: Consultants Associate Specialists Specialty Doctors Hospital Practitioners Page 26 of 66

27 Leave with pay and expenses, within a maximum of thirty days (including offduty days falling within the period of leave) in any period of three years for professional purposes within the UK. For Specialist Registrars, Specialty Registrars, F2 Doctors and Dental Post- Registration House Officers leave with pay up to a maximum of 30 days in a year (the year being calculated from the date of commencement of appointment or rotation). Leave to sit examinations necessary for the career advancement of the trainee is allowable but does not count against the annual Study Leave Entitlement. Trainees in Locum Specialty posts, those in Fixed Term Specialty Training Appointments (FTSTAs) and Locum Appointments for Training (LATs) exceeding three months are entitled to Study Leave pro rata. There is no entitlement to Study Leave for Locum Appointments for Service (LAS). Our Trust may at its discretion grant professional or study leave outside of the UK with or without pay and with or without expenses or with any proportion thereof. Study leave over weekends or non-working days, does not attract time off in lieu. Where leave with pay is granted, the practitioner must not undertake any remunerative work without permission of our Trust Time off for Training / Personal Development (Unpaid) Employees can request to take time off to undertake study or training or personal development activities to undertake accredited programmes leading to a qualification or for unaccredited training in order to help them develop specific skills, knowledge or capabilities relevant to their job, workplace or Page 27 of 66

28 organisation. While employee requests may involve agreeing time away from their duties, the primary focus of the new right is about agreeing relevant training with staff Eligibility For employees to be eligible to make a request the following information is required:- the qualification or training must be relevant to the employee s job, workplace or business and contribute to the employee s effectiveness at work and the performance of their employer s business. the employee must have 26 weeks continuous service on the date the request is made. A request must made in writing to their manager and must include the following information:- o The subject of the study or training o Where and when you expect that it will take place and over what period o Who will provide or supervise the training o What qualification (if any) the training will lead to the award of o How the training time will be taken o How the training costs will be met Any time off that is agreed will be taken as unpaid leave or time off in lieu in agreement with their manager. Any personal development activity of this type should be included in the individuals personal development plan Application Process Employees should make a request in writing to their manager. There is no limit on the amount of time that an employee can request or the amount of study or training. However, a timeframe should be agreed between Page 28 of 66

29 the employee and the manager. We are only required to consider one request in any 12 month period however an employee can request more than piece of training in their request for time off. If the request was not undertaken for any reason apart from conduct, then another request can be made. A meeting should be held within 28 days of receiving the application form. The employee is entitled to be accompanied by either a workplace colleague or staff side representative. Any additional information can be requested by the manager and the employee must provide this. A refusal to provide this information may mean that the request is denied. If approved the request should be input onto ESR Self Service, unless leave is booked on e-rostering. Managers are responsible for informing their employees if their request has been accepted or rejected in writing. If a request is rejected the employer should provide the rational for this decision. The HR Department have template letters for managers to use in these situations and can provide advice and guidance. Requests can only be refused on specific grounds. These are: The proposed study or training to which the application relates would not improve: o The employee s effectiveness in the employer s business; o The performance of the business; The burden of additional costs; Detrimental effect on ability to meet customer demand; Inability to re-organise work among existing staff; Inability to recruit additional staff; Detrimental impact on performance; Page 29 of 66

30 Insufficiency of work during the periods the employee proposes to work; Planned structural changes Appeal against decision to refuse an application for training or study An employee can appeal against the decision but must do so within 14 days of the notice of the decision under Stage 3 of the Grievance process Approved Absence for Religious Observances When employees seek approval for absence for a religious festival, the following should apply:- Managers should give serious consideration to these requests; Managers should consider the flexible use of time off in lieu; Where shift work is involved, wherever possible, managers should ensure that employees are able to take their normal days off in order to celebrate religious festivals through the adjustment of rotas. It must be appreciated however that managers must always ensure the effective delivery of the service. There will be opportunity for staff working in 24/7 services to work a Bank Holiday and use the time off in lieu to attend their religious festivals/days. This must be in line with the Rostering Policy. Employees to give managers as much notice as possible at the start of the leave year when they wish to observe their religious festivals/days so that arrangements can be made. A further option is for the individual employee to be granted unpaid leave at the managers discretion Employment Break Scheme (Unpaid) The purpose of an employment break is to enable an individual employee to leave our Trust and undertake other commitments. Contact will be maintained with the employee so that they can be kept informed of the changes and developments within their area of work, during their period of absence, thus enhancing the opportunity to return to employment. Page 30 of 66

31 Doctors Terms and Conditions differ and Doctors should refer to their own terms and Conditions for clarification Eligibility All employees who have at least 12 months continuous service with our Trust are eligible to apply for employment breaks of between 3 months and 5 years and will give employees the opportunity to: take extended carer leave share parental care or other family commitments pursue further advancement in the form of self-sponsored training/education gain work experience (unpaid) in different environments plan long-term career commitments pursue voluntary or humanitarian work. An employment break is subject to agreement between the manager and employee. The minimum period would be for three months. Requests for a break less than this would be considered under the unpaid leave section above. Breaks can be taken either as a single period or as more than one period. Employees on employment breaks will not be able to take up paid employment with another employer. Employees should contact the Pensions Manager to discuss their pension contributions during their employment break. Salary sacrifice becomes a personal arrangement, monies owed are payable to finance Procedure In requesting an employment break the following procedures will apply: Page 31 of 66

32 Individual employees should make a written request to their line manager, at least three months before they intend to commence their employment break for breaks of up to six months, and at least six months beforehand for breaks over six months. They should complete and include an Employment Break Details Form with their written request (Appendix 4), stating the intended duration of the break and giving a clear intention in writing when they intend to return to work. The manager will assess the application for an employment break and, if agreed, the manager must be able to show that they have an appropriate vacancy that the individual can return to. For employment breaks of up to 12 months the employee s contract will be held in suspension and during this period they will not be paid and will not be entitled to any other contractual entitlements, including annual leave and sick pay. Continuity of employment will cease with regards to service requirements for redundancy and the period of the break will not count towards reckonable service for purposes such as annual leave, sickness pay benefits, long service leave entitlement and incremental pay rises. The length of break must be agreed prior to commencement. The employment break will be confirmed in writing once approved and the Employment Break Details Form, detailing the agreement and any other terms as agreed between the manager and the employee, will be signed by both parties. When completed, a copy of this should be sent to HR together with an Employment Details Changes form. A further Employment Details Changes form should be completed on the individual s return. It should also be input into ESR Self Service, unless leave is booked on e-rostering During the period of the employment break, the manager will maintain regular contact with the individual and issue relevant information, such as partnership people, and any other relevant information. This contact will be at the discretion of the manager but, as a guide, should be at least quarterly. The Page 32 of 66

33 employee should inform their manager of any change in circumstances, e.g. change of address. Participants on the employment break may be expected to attend a minimum of two relevant training sessions during the break. This should be agreed with their manager, at the beginning of the break. Professional registration membership, if applicable, will need to be maintained and individuals should be encouraged to obtain copies of relevant journals as well as taking steps to ensure that they keep up-to-date with current procedures. Proof of this commitment to Continuing Professional Development will be particularly important in cases when it may not be viable for the employee to attend training sessions at our Trust, for example if they are working or living abroad during their break. In the case of staff taking maternity or adoption leave who wish to opt for the employment break scheme, they will receive their maternity / adoption benefits in the normal way. They will be expected to return to their post for a minimum period of three months before commencing an employment break or repay the excess pay received as advised in the Maternity/Adoption Pack. Only in very exceptional circumstances will an employment break be agreed beyond 12 months. This would need to be agreed with the relevant Director or Deputy and the Director of Human Resources and the total duration of the employment break would not exceed 5 years. In these circumstances the individual may be asked to resign, but will be given prior consideration as an applicant for posts for which they fulfil the essential requirements of the person specification, when they wish to return. A maximum of two employment breaks may be taken in exceptional circumstances with at least three years full-time employment between each break. Page 33 of 66

34 Pension contributions will not be paid during the break but there may be provision to buy back lost years on return to work, if so desired. Staff have the option to continue paying National Insurance Contributions directly to the Department of Social Security during an employment break. Our Trust has the right to remove an individual from the employment break scheme if they do not comply with the agreed arrangements Return to Work Staff should confirm the end date of the break before commencing the period of leave. If they do not return on the date indicated, they may forfeit their right to return. In exceptional circumstances, the return date can be changed so long as 8 weeks notice is given in writing and so long as this is possible within the needs of the service. If a post is being covered on a fixed term basis it may not be possible for an individual to return early from an employment break, if this means they will be supernumerary. On return, reckonable service for benefits will recommence, with the service prior to the career break being added to the new service, so long as the break is for less than 12 months as follows: All the following service related benefits will accrue by adding the period of service before the career break to that after. Annual leave Sick leave Redundancy The period of absence on a career break will not count as service for incremental purposes. Page 34 of 66

35 11.0 Emergency Leave Applications for Emergency leave can be granted at short notice subject to discussion with the line manager. Emergency leave can be requested for unexpected and urgent requests to time take off work. Emergency Leave should not be granted when the absence itself could have been anticipated and planned for. The aim of this leave is to provide a response to immediate/urgent needs. Emergency leave is to be used as a response to urgent short term needs not to manage planned situations, where other arrangements should be made. In circumstances where long-term arrangements are necessary, the possibility of carers leave without pay, part-time working or a career break scheme should be considered. The line manager should discuss such situations with the Human Resources department. There are many reasons for which an employee may require Emergency leave. The list below is not exhaustive. Unforeseen domestic emergencies such as burglary flood or fire. If a longer period of leave is required annual leave should be requested. Managers should use their discretion and give a priority to requests for annual leave in these circumstances. This type of leave is not intended for minor household damages such as a broken boilers etc. nor visits for Gas, Electricity, etc. Where possible, employees should try to arrange such visits outside of their normal working hours or apply for annual or unpaid leave or time owing as necessary. Care Emergency where normal care arrangements have broken down unexpectedly. Compassionate leave following the bereavement of a close relative or dependant. Page 35 of 66

36 o A close relation: Usually but not necessarily exclusively, spouse or civil partner, partner, parent, child, brother, sister. o A Dependent: The deceased normally resides with them Applications for compassionate leave, following bereavement must be dealt with promptly and sympathetically. Statements should be accepted without verification at this distressing time, although a minimum amount of detail will be required in order to manage the period of absence. If an individual has to travel abroad due to the death of a relative overseas, the above may apply and in addition the Line Manager could discuss the use of annual leave and/or unpaid Leave. Employees can apply for a maximum of 5 days 6 /37.5 hours emergency leave in any rolling year with pay for any of the above reasons (40 hours or 10 PA s for Medical Staff) Applying for Emergency Leave Where, in the case of an emergency, leave is required at short notice, the employee should telephone their manager as soon as possible. Notification of non-attendance by text or answer phone message is not acceptable. Managers/Deputy Managers should use their discretion to authorise the absence in such cases. Such absences would normally be authorised pending a decision on whether it should be counted as special leave with or without pay, or as annual leave, on the employee s return to work. An application for emergency should be made via employee online retrospectively in these circumstances 6 1 day is equal to 7.5 hours (pro rata for part time staff) (for medical staff 1 day is equal to 8 hours) Page 36 of 66

37 Employees are required to request leave via ESR Self Service, unless leave is booked on e-rostering, and provide appropriate documentation to support the request, if required. It is accepted that, in an emergency, leave will have to be applied for and granted at very short notice or dealt with retrospectively in a crisis. The employee (or person acting on their behalf) is expected to seek such leave by telephone if the application cannot be made in person. It is expected that each employee in the course of time will discuss and agree with their line manager what is an appropriate means of contacting taking into account individual circumstances. Appropriate documentation must be provided at a later stage. A written application must be submitted as soon as possible thereafter Entitlement Staff can apply for up to 5 days 7 paid Emergency leave in any rolling year. In considering any request for emergency leave managers should, in consultation with an employee, take into consideration the circumstances surrounding the request and decide whether it is appropriate for the leave to be granted or whether it would be more appropriate for annual leave to be used, or for unpaid leave to be granted. They should also consider the number of days that are appropriate given the circumstances. Managers will also have the discretion to allow more leave in exceptional circumstances with agreement from the relevant Director or Deputy Bad Weather Arrangements This guidance applies only to extreme weather conditions such as heavy snow and flooding which affects road and public transport systems. Employees will be expected to attend for duty wherever it is possible for them to walk to their place of work. 7 1 day is equal to 7.5 hours (pro rata for part time staff) Page 37 of 66