Employment Break Scheme

Transcription

1 Employment Break Scheme Who Should Read This Policy Target Audience All permanent Trust Staff Version 1.1 November 2016

2 Ref. Contents Page 1.0 Introduction Purpose Objectives Process Eligibility Length of Employment Break General Principles Applied on Starting the Scheme Management Consideration of the Application General Principles Applied when Returning to Work Appeal Procedures Connected to this Policy Links to Relevant Legislation Links to Relevant National Standards Links to other Key Policies References Roles and Responsibilities for this Policy Training Equality Impact Assessment Data Protection and Freedom of Information Monitoring this Policy is Working in Practice 12 Appendices 1.0 Application for an Employment Break 13 Version 1.1 November

3 1.0 Introduction This policy sets out the Employment Break scheme which enables staff to take an extended, unpaid break from employment and at the same time keep in touch with developments at the Trust. It is recognised that a great deal of time and expense is spent recruiting, selecting and training new staff. In addition, returning to work after an extended break can be quite a daunting experience as people may lose confidence and feel that their professional skills may have gone rusty. Therefore, the Trust should assist them, as much as reasonably possible, with a smooth return to employment. 2.0 Purpose The purpose of this policy is to provide a consistent and equitable approach to the management of Employment Breaks. It also aims to inform staff and managers of when Employment Breaks may be appropriate and the normal terms and conditions applying to such breaks. 3.0 Objectives To ensure that the Trust retains the services of skilled staff in order to maintain quality of care To enable a member of staff to leave their employment for a period of time to fulfil other responsibilities whilst maintaining the skills and knowledge pertinent to their previous job To establish an agreement between the Trust and the member of staff to enable a future return to work, which will be mutually beneficial 4.0 Process 4.1 Eligibility The Employment Break Scheme is open to all grades of permanent staff, full or part-time who have completed 12 months continuous service with the Trust by the date the career break is to start, and who wish to return to work to their current or similar post following the Employment Break The reasons an employee may take a break may be to bring up children, eldercare, care for another dependant, to undertake further education, study leave, for a period of travel abroad or any other reason if deemed acceptable by management An employment break may be granted to employees who have recently taken maternity leave. In these circumstances managers should remember that employees must return to work for the statutory 3 months, which can be transferred to the end of their employment break; otherwise a proportion of their maternity pay will have to be repaid Employees on employment breaks will not normally be allowed to take up paid employment with another employer, except where, for example, should their professional registration require evidence of clinical work undertaken and paid employment is required to fulfil this, work overseas or charitable work could broaden experience. In such circumstances written agreement must be sought from this Trust when applying for the break Once employees have been formally accepted on to the scheme, they will be required to state their intent to suspend their employment at the Trust at the beginning of the break Version 1.1 November

4 Subject to organisational change or other exceptional circumstances, the Trust will give a firm commitment to guarantee an employee s current or similar post at the end of the employment break 4.2 Length of Employment Break The length of break will be no less than 3 months and no greater than five years. Within their employment, employees may take up to two employment breaks which should total no more than 5 years away from the Trust, and must have at least twelve months between the breaks. It should be noted however that the length of any break should balance the needs of the applicant with the needs of the service. 4.3 General Principles Applied on Starting the Scheme All breaks are subject to an agreement between the applicant and the Trust as the employer before the break begins. The agreement will cover the main aspects of the scheme as follows: If an employee wishes to take a break and they satisfy the conditions set out within the eligibility criteria, they must notify their manager at least three months in advance of the date on which the career break will start (in exceptional circumstances this may be less). The break will be for a period of at least three months and up to a maximum of five years from the date of the notification. The length of the break will be agreed in advance between the employee and the manager. If under 12 months, the employee s current post will not be filled on a permanent basis but may be filled through acting up, secondment or through a fixed term appointment. During the employment break the employee will be encouraged to continue with further education or training courses agreed and started before commencement of the break. All expenses granted and paid by the Trust for the employee to attend and undertake the training may be recovered if they fail to complete the training without good reason. Any request to take up further training or education during the break will be considered on an individual basis. Unless circumstances do not allow, an annual review meeting will take place between the manager, a member of the Human Resources team and the employee in order that both parties can reaffirm their commitment to the Scheme and its terms and conditions. If the conditions of the Scheme change in any way, they will be discussed at this time. A face to face meeting is preferred but if this is not possible, continued commitment to the Scheme may be supplied by written correspondence. It is the employee s responsibility to ensure that they maintain their professional registration, if this is a prerequisite for the post, they will be returning to, and to keep professionally updated during the period of the career break. Management will consider requests for funding for training and professional updating, subject to availability and cost implications. During the period of the employment break the employee will not accrue or be entitled to annual leave and public holidays or any leave for special purposes. Version 1.1 November

5 The period of the break will count towards continuous employment for statutory purposes. Other provisions i.e. pensions, contractual redundancy payments, leave entitlements etc. will be suspended for the period of the break in accordance with Section 12 and Section 36 within the Agenda for Change Terms and Conditions Handbook. In line with the NHS Pensions Scheme as a member who commences a period of authorised leave (including a career break where the contract of employment is retained), you have an option to remain pensionable for a period of up to 6 months. Where paid contributions have been continuous during the first six months members of staff can continue to make pension contributions during the authorised leave for a further period of up to 18 months. Should you wish to continue contributing to the Scheme during the additional period you will be responsible for both the employee and employer pension contributions. Where the authorised leave is to be pensionable the Trust must treat you as an active member of the Scheme and ensure that employee and employer pension contributions are paid continuously throughout the 6-month period. Before the leave begins therefore, the Trust will make arrangements to collect your contributions continuously during the break. Arrears cannot be allowed to accumulate and payments made on returning to the Scheme. Where pensionable pay is reduced or suspended your contributions will be based on your pensionable pay immediately prior to the break starting. It is not compulsory to pay pension contributions during a period of authorised leave or a career break. If the employee s option is not to pay any pension contributions during the authorised leave, the pension will be 'frozen' on commencement of the career break and they will be entitled to resume contributions on return. On return, the employee will be unable to pay the contributions missed but it may be possible to 'buy' additional years into the Scheme to make up for the 'time out'. The employee should consult directly with the Pensions Agency before taking the break in order to fully explore and understand the effects on pension contributions in the longer term. Entitlement to excess travel allowance and other allowances i.e. clothing, regular user allowance etc. will cease during the career break period. You must notify the Trust of any change of address during your career break. If you move house on a permanent basis to a location where future employment with the Trust would no longer be practical, the career break will cease. 4.4 Management Consideration of the Application Once the application for an Employment Break has been submitted, the manager should acknowledge the application in writing. Management then have 10 days to consider the application and give a decision, in writing, to the employee. Should the break be supported, the application form should be fully completed and submitted to Human Resources for endorsement. The manager must also ensure that appropriate departmental arrangements are made i.e. cover for the post holder. Version 1.1 November

6 Should the break be rejected, the manager should arrange a meeting to discuss their reasons with the employee. The manager must give sound business reasons for the rejection of the application. This decision should be confirmed in writing to the employee. 4.5 General Principles Applied when Returning to Work The notice period required before a return to work should be 3 months if the break is less than 12 months or six months if the break is more than a year. This notification should be in writing to their manager of their intention to return to work (in exceptional circumstances you may give less notice). An employee may request to return to work before the original specified time and every effort will be made to accommodate the revised requested date of return, subject to operational constraints i.e. to give notice to an employee covering the post if the original break was for less than 12 months, if over 12 months to enable a review of service provisions. If they wish to return to work earlier than the date agreed at the start of the break, they should submit a request at least three months in advance of the desired date of return. If the employee wishes to delay their due date of return, every effort will be made to accommodate the revised requested date of return, subject to operational constraints, and provided that the revised period of the break does not exceed the maximum period of five years. The employee should submit their request at least three months in advance of the previously agreed date of return (in exceptional circumstances this may be less). If the employee returns to work within one year as stipulated in their original request, the same job will be available, as far as is reasonably practicable. The applicant will return to work at the equivalent salary level, reflecting increases awarded during the break. Requests will be considered by the Trust involving part-time working and job sharing where they are locally appropriate/ available. If the employment break is for a longer period than one year as stipulated in their original request, the applicant may return to as similar a job as possible. The applicant will return to work at the equivalent salary level, reflecting increases awarded during the break. Requests will be considered by the Trust involving parttime working and job sharing where they are locally appropriate/ available. At the end of the employment break the employee will be required to undertake in a planned 'refresher' programme in order to assess their competence before commencing the full duties of the post. This would be required in order to bring their skills up to the level obtained prior to them taking the break. Formal re-induction and refresher/ retraining will be as agreed by the line manager. If the employment break is for a period of more than 3 years, DBS clearance will be required on return to work. If at any time during the break the employee decides that you do not wish to return to employment with the Trust after the break, the employee is required to notify their manager immediately, or at least three months before your expected date of return to work. Version 1.1 November

7 4.6 Appeal Employees have the right for their application to take a career break to be considered and a decision made within 10 working days. However, should their request for an employment break be rejected, the employee has the right of appeal to the Service Director or equivalent. The individual should write to the Service Director or equivalent within 10 days of their letter informing them of their manager s decision to reject the application. The letter should state their grounds for appeal. The appeal should be heard within 10 days of its submission and should be in accordance with the appeals process laid down in the Trust s Grievance and Disputes Policy. 5.0 Procedures connected to this Policy There are no procedures linked to this policy. 6.0 Links to Relevant Legislation There are no links to legislation. 6.1 Links to Relevant National Standards NHS Terms and Conditions of Service Handbook: Employment Breaks - Section 36 All staff should have access to an employment break scheme The scheme should be agreed in partnership between employers and local staff side representatives The scheme should be viewed with other sections of the NHS Terms and Conditions of Service Handbook, particularly those relating to flexible working, balancing work and personal life and provisions for carers, as part of the commitment to arrangements which enable employees to balance paid work with their other commitments and responsibilities It should provide for people to take a longer period away from work than provided for by parental leave and other leave arrangements All employees who have a minimum of 12 months of continuous service The maximum length should be 5 years CQC Regulation 18: Staffing The intention of this regulation is to make sure that providers deploy enough suitably qualified, competent and experienced staff to enable them to meet all other regulatory requirements described in this part of the Health and Social Care Act 2008 (Regulated Activities) Regulations To meet the regulation, providers must provide sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet the needs of the people using the service at all times and the other regulatory requirements set out in this part of the above regulations. Staff must receive the support, training, professional development, supervision and appraisals that are necessary for them to carry out their role and responsibilities. They should be supported to obtain further qualifications and provide evidence, where required, to the appropriate regulator to show that they meet the professional standards needed to continue to practise. Version 1.1 November

8 CQC Regulation 19: Fit and Proper Persons Employed The intention of this regulation is to make sure that providers only employ 'fit and proper' staff who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity. To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them. Employing unfit people, or continuing to allow unfit people to stay in a role, may lead CQC to question the fitness of a provider. If CQC considers that a breach of this regulation is also be a breach of another regulation(s) that carries offence clauses, then we can move directly to prosecution without serving a Warning Notice. For example, in situations where the care and treatment is provided without the consent of a person using the service or someone lawfully acting on their behalf, and where it is unsafe, does not meet the person's nutritional needs, results in abuse, or puts the person at risk of abuse. 6.2 Links to other Key Policies Flexible Working Policy This policy has been developed to provide an operational framework through which managers will respond to requests from employees seeking to change their working arrangements. All reasonable efforts should be made to facilitate and accommodate flexible working requests where such arrangements are practicable and workable. Maternity, Adoption, Paternity, Breastfeeding, Fostering and Guardianship Policy This policy has been developed to provide support and guidance for staff and managers on the processes involved in applying for Maternity Leave, Paternity Leave, Adoption Leave and Breastfeeding in line with NHS Agenda for Change and statutory legislation as well as support with Fostering and Guardianship. The Trust recognises the need to support staff to balance their work and personal commitments. This policy will facilitate employees understanding of their statutory rights and obligations with regards to maternity, paternity, adoption, breastfeeding and fostering & guardianship thus enabling them to plan effectively before and after the birth, adoption or fostering/ guardianship of a child. Grievance and Disputes Policy This policy aims to encourage full and open communication between managers and employees with the aim of resolving any concerns quickly and as near to the source as possible. This policy has been developed to give guidance on the procedure to be adopted where early action to resolve an issue has failed and a grievance has developed. The policy has been written in accordance with relevant employment legislation and the Advisory and Conciliation Arbitration Service (ACAS) guidelines. Version 1.1 November

9 6.3 References NHS Pensions Business Services Authority, Career Breaks Factsheet: Career Breaks Employer FAQs Agenda for Change, NHS Terms and Conditions of Service Handbook (3/2011): Section 36 Employment Break Scheme Version 1.1 November

10 7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities All Employees Adherence - Comply with the provisions of the Employment Break Scheme - Give the Trust three month notice of the date you wish the employment break to start - Submit your notification of change to your contract to your manager as soon as you have been accepted onto the scheme - Reaffirm your commitment to the scheme when requested and on at least an annual basis - Ensure that you maintain professional registration and keep professionally updated if this is a prerequisite for your current post - Participate fully in a refresher/retraining programme in order to assess your competence before returning to your agreed post on return to the Trust - Inform your manager as soon as possible if you do not wish to continue on the scheme or return to work at the Trust All Managers Operational - Comply with the provisions of the Employment Break Scheme - Arrange to meet the employee with a Human Resources representative to outline the principles of the scheme and explain the requirements of the employee - Ensure all documentation relating to the scheme is fully completed - Complete staff changes paperwork - Meet the employee on at least an annual basis to reaffirm commitment to the scheme, or if this is not possible, ensure that written reaffirmation is received - Ensure that the employee s current post is not filled on a permanent basis during the period of the employment break, If less than 12 months - Retain copies of all documentation between the Trust and applicants to the scheme for a period of 12 months - Co-ordinate the employee s refresher programme and ensure employee is eligible and competent to return to their former or equivalent post - Ensure that the employees professional/clinical skills are up to date and provide training if necessary - Ensure completion of staff amendment paperwork on the employee s return to the Trust Human Resources Implementation - Oversee the management of the scheme - Arrange to meet all applicants with their line manager to outline the principles of the scheme and explain the requirements of the employee - Attend an annual meeting between the manager and employees on the scheme to reaffirm commitment to the scheme from both parties and to convey any changes in the overall scheme which may have taken place - Ensure close liaison with manager regarding the re-employment of the employee - This may involve liaison with other line managers, if the employee requires re-deployment elsewhere in the Trust Workforce Development Group Director of Workforce and Organisational Development Responsible - Oversee the implementation of a systematic and consistent approach - Approve all policies and procedures that relate to their subject matter or area of practice - Provide exception and progress reports to the Quality and Safety Steering Group Executive Lead - Lead responsibility for the implementation of this policy - Allocation of resources to support the implementation of this policy - Ensure any serious concerns regarding the implementation of this policy are brought to the attention of the Board of Directors Version 1.1 November

11 8.0 Training What aspect(s) of this policy will require staff training? Management of Employment Break Which staff groups require this training? Managers Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities If no, how will the training be delivered? Training will be delivered internally Who will deliver the training? Learning and Development Team How often will staff require training As Required Who will ensure and monitor that staff have this training? Workforce Development Group 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext or EqualityImpact.assessment@bcpft.nhs.uk 10.0 Data Protection and Freedom of Information This statement reflects legal requirements incorporated within the Data Protection Act and Freedom of Information Act that apply to staff who work within the public sector. All staff have a responsibility to ensure that they do not disclose information about the Trust s activities in respect of service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. Version 1.1 November

12 11.0 Monitoring this Policy is Working in Practice What key elements will be monitored? (measurable policy objectives) Where described in policy? Operation of the scheme 4.0 Process Report How will they be monitored? (method + sample size) All records of applications and decisions will be kept for a minimum of 12 months within each group Who will undertake this monitoring? How Frequently? Group/Committee that will receive and review results Group/Committe e to ensure actions are completed Evidence this has happened Relevant Group Annually Relevant Director Relevant Director Copy of report/ minutes of meetings Version 1.1 November

13 Appendix 1 Application for an Employment Break This form should be completed by members of staff who wish to apply for an Employment Break Scheme. It should be completed and submitted to your Manager at least three months before commencement of your absence. Name: Address: Post/Grade: Group: Department: Date of commencement with the Trust: Date of commencement of continuous NHS employment: Date you wish Employment Break to begin: Duration of Employment Break: Reason for taking an Employment Break: I undertake to give the Trust three months' notice of the previous agreed date of return. If I decide not to return, I will tell my manager immediately or give at least three months' notice. Unless organisational change or other exceptional circumstances prevent a return, I understand that the Trust will seek to re-engage me to my current or similar post, at the end of the career break dependant on the length of break as set out under Section 4.5. I understand that the post that I return to may not be exactly the same as that on which I was originally engaged. I accept that all expenses granted and paid by the Trust for me to attend and undertake further education and training courses may be recovered if I fail to complete the training without good reason. I understand that it is my responsibility to ensure that I maintain professional registration and ensure that I keep professionally updated if this is a pre-requisite for my current post. Version 1.1 November

14 I have read the notes outlining the provisions relating to the Employment Break Scheme and the right to return to work. I wish to begin my break on with my last day of working being Signed: Date: Print Name: To be completed by Manager I have discussed with (name) his/her* request to take an Employment Break. He/She* meets the requirements set out in the Employment Break Scheme. His/ Her Employment Break will begin on: and is expected to last for year s months S/he is taking an Employment Break for the following reason: Under 12 months Employment Break: I have read the Guidance Notes for Managers and give a commitment to accommodate a return to work for (name) as (post title and grade) at (site) unless organisational change or other exceptional circumstances prevent this. I confirm that I will not fill the above post on a permanent basis during the period of the employment break. Signed: Print Name: Title: Date: Over 12 months Employment Break: I have read the Guidance Notes for Managers and give a commitment that the Trust will seek to accommodate a return to work for (name). Version 1.1 November

15 This return may not be to their current post but may be to a similar post in line with this procedure. Signed: Print Name: Job Title: Date: Endorsed by a Senior Human Resources Manager Signed: Print Name: Title: Equal Opportunities Monitoring * Please delete as appropriate Sex: Male Female Hours: Full time Part time Hours worked: Marital Status: Single Married Divorced Widowed Other Ethnic origin: White White European White Other Black Caribbean Black African Black other Indian Pakistani Bangladeshi Chinese Version 1.1 November

16 Policy Details Title of Policy Unique Identifier for this policy State if policy is New or Revised Employment Break Scheme Policy BCPFT-HR-POL-27 Revised Previous Policy Title where applicable Policy Category Clinical, HR, H&S, Infection Control etc. Executive Director whose portfolio this policy comes under Policy Lead/Author Job titles only Committee/Group responsible for the approval of this policy Month/year consultation process completed * n/a Human Resources Director of Workforce and Organisational Development Head of Operational HR/HR Business Partners Workforce Development Group July 2016 Month/year policy approved October 2016 Month/year policy ratified and issued November 2016 Next review date June 2019 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Key Words for this policy Yes Yes Yes B can be disclosed to patients and the public Career break, Eligibility, Returning to work, Appeal, Application for an employment break * For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance Review and Amendment History Version Date Details of Change 1.1 Nov 2016 NHS Pension scheme information updated 1.0 Mar 2016 New policy for BCPFT Version 1.1 November