Special Leave Policy Responsible Director: Author and Contact Details: Document Type: Target Audience: Document Purpose/ Scope: Date Approved/ Ratified: Approved/Ratified by: Director of HR & Governance Nicola Reid, HR Advisor Tel: (0161) 772 4637 Email: nicola1.reid@gmw.nhs.uk Policy Trust wide This policy details the support available through the family friendly (special leave) arrangements and subject to the needs of the service, are open to all employees. The provisions are offered to enable such support through the application of family friendly practices, and their application will be based on the principles of fairness, reasonableness and partnership between the Trust and all employees. November 2012 Joint Consultation and Negotiation Committee Consultation: Trust-wide consultation via share-point, and consultation via the JCNC Implementation date: February 2013 Review date: November 2017 Date of Equality Impact Assessment: Training Requirements: August 2012 The policy is covered at corporate induction. Line managers will also receive training in the operation of the policy. See section 6 NB: Do not retain a paper version of this document, always view electronically from the Trust staffnet to ensure it is the correct version. Page 1 of 11
Contents 1. Introduction... 3 2. Definitions... 3 3. Duties:... 3 3.1. Board or Lead Committee... 3 3.2. Chief Executive... 3 3.3. Executive Directors... 4 3.4. Head of HR... 4 3.5. HR Advisory teams... 4 3.6. Managers... 4 3.7. Staff... 4 4. Document Overview Diagram... 4 5. Operation of the Policy... 5 5.1. Our Approach... 5 5.2. Scope of the Policy... 5 5.3. Application Process... 5 5.4. Types of Special Leave... 6 5.5. Considerations... 9 5.6. Appeals... 9 6. Training Requirements... 9 7. Monitoring... 9 8. Resource/Service Implementation Issues... 9 9. Risk Issues... 9 10. Requirements, References & Supporting Documents... 10 11. Review... 10 12. Appendices... 11 Appendix 1... 11 Page 2 of 11
1. Introduction Greater Manchester West Mental Health NHS Foundation Trust is committed to providing equal employment opportunities and improving working lives through supporting staff in balancing work and home life commitments. The provisions described on the following pages are offered to enable such support through the application of family friendly practices. This policy details the support available through the special leave arrangements, and subject to the needs of the service, are open to all employees. The Trust believes that the range of policies it provides: Helps employees to maintain a balance between work and home commitments Helps in developing a culture where the needs of employees to balance work and life commitments are recognised Helps in the recruitment and retention of employees Promotes equal opportunities They should not be regarded as rights or entitlements to time off, with or without pay, but rather as provisions which are available to support the partnership approach. Their application will be based upon the principles of fairness, reasonableness and co-operation and upon the needs of the service and of individual personal circumstances. 2. Definitions Special leave is defined as paid/unpaid leave that may be granted to an employee in certain special circumstances. For the purposes of this policy hours/week is based on employee s whole time working. 3. Duties: 3.1. Board or Lead Committee The Joint Consultation and Negotiation Committee is the committee through which approval of this policy has been obtained. 3.2. Chief Executive Overall responsibility for all Trust policies. Page 3 of 11
3.3. Executive Directors The Director of HR and Governance has overall responsibility for the operation of this policy. 3.4. Head of HR The Head of HR will assist the Director of HR and Governance in ensuring that the policy is implemented correctly. 3.5. HR Advisory teams The HR Advisory teams will provide training, advice and guidance in the operation of this procedure. 3.6. Managers To approach the application of these provisions co-operatively and in partnership with individual members of staff. To ensure that the principles of fairness and reasonableness are applied in every case. To record and monitor individual staff absences for audit and pay purposes. To consider, authorise and retain the request form (Appendix 1). To ensure the needs of the business are considered. 3.7. Staff To approach the application for time off co-operatively, reasonably and in partnership with managers. To provide evidence or information required by both statutory or Trust procedural requirements. To complete the required request form (Appendix 1). 4. Document Overview Diagram None provided. Page 4 of 11
5. Operation of the Policy 5.1. Our Approach By the very nature of our individual work/life experiences, it is certain that the application of these provisions, other than those defined by statutory entitlement, will be different in every case. It would therefore be inappropriate to attempt to be prescriptive in determining what provision should apply in every circumstance. It follows therefore that application of these provisions may be different in individual circumstances. However, what is fundamental to consistency and equity is the approach that we adopt to each situation as it arises. For this reason the following principles will underpin the approach which both managers and individual members of staff should adopt in finding mutually acceptable solutions on those occasions where support is needed. Consideration should be given to utilising annual leave, flexibility of working hours/days or for a period of unpaid leave in some circumstances. Fairness: The Trust s commitment to the principles of equality of opportunity must be upheld in every case. Reasonableness: Making a decision that is fair and sensible. Partnership Approach: A Partnership approach is one which is co-operative and which considers both individual and service needs, taking account of the provisions detailed in this policy, but does not exclude other options. For example Annual leave, unpaid leave, or other alternatives as specified in the Flexible Working Policy. 5.2. Scope of the Policy This procedure applies to all staff employed by Greater Manchester West Mental Health NHS Foundation Trust. This includes those who joined under TUPE arrangements prior to the implementation of this version of the Policy. 5.3. Application Process All staff must complete the request form (Appendix 1) for all types of leave listed below. This may not be possible prior to the event in cases of urgent personal/domestic leave and therefore should be completed as soon as possible on return to work. It is recognised that, in an emergency, it will be necessary to apply for special leave at very short notice. Where this is the case, and an employee cannot make an application in person, permission from their line manager must be obtained by telephone and an application form will then be submitted in retrospect. Page 5 of 11
5.4. Types of Special Leave 5.4.1 Urgent personal and urgent domestic leave The aim of such leave is to enable employees to respond to immediate and unforeseen need. This may occur in the following circumstances: A child, partner, close relative or other dependant is taken ill or is involved in a serious incident and the employee is the normal carer or someone who the employee particularly relies on in an emergency. To accompany a child or dependent following an unplanned admission into hospital; or when normal care arrangements unexpectedly breakdown. Personal/domestic matters of an urgent nature that requires immediate attention. Leave granted under these arrangements will normally be given in times of urgent and unforeseen need and is not intended to provide solutions to long term domestic and family needs. Where circumstances are not urgent and unforeseen, leave may be provided by the Flexible Working Policy, Annual Leave or Unpaid Leave. In determining whether action is necessary, factors such as the nature of the incident, the closeness of the relationship between the employee and the dependent and the extent to which anyone else was available to help will be relevant. Eligibility: All employees regardless of length of service/working hours. Entitlement: The Trust may grant up to five days paid leave in any 12 month period (based on whole time working). The leave will be granted at the discretion of the manager (and in some circumstances following discussion with and authorisation by the Senior Manager for the Service) and where delivery of service will not be greatly affected. This leave will essentially be short term and normally with pay, however in unforeseen and exceptional circumstances the Senior Manager for the service can utilise discretion to approve a further reasonable amount of leave i.e. paid or unpaid leave, use of annual leave or time owing may be granted. To ensure equity and consistency throughout the Trust, Managers who are considering refusing this leave can contact the HR Department for advice. 5.4.2 Bereavement leave In cases of bereavement involving immediate family members, partners and others where there is a close relationship, up to six working days special leave on full pay may be granted (based on whole time working). This would include the day of the funeral. In cases of particular difficulty, a further two weeks special leave on half pay may be granted at the Service Director s discretion. Page 6 of 11
5.4.3 Parental leave Parental leave is available to any employee with 12 months service and who has nominated caring responsibility for a child under age 14 (18 in cases of adopted or disabled children). Eligibility: Entitlement: Employees with a minimum of one year s continuous Service. 13 weeks unpaid leave in respect of each child (18 weeks in the case of an adopted or disabled child). Periods of Parental Leave can be taken in multiples of one week blocks subject to a maximum of four weeks per child in any oneyear. Employees must notify their Manager of their intention to take Parental Leave at least 21 days before the intended start date of the leave. In exceptional circumstances, where the granting of parental leave would cause operational difficulties, Managers can postpone the leave for up to six months from the date the leave was due to commence. The contract of employment continues during an absence of parental leave and at the end of the period of parental leave the employee has the right to return to the same job. 5.4.4 Attendance at a court as a witness or for jury service Employees will be granted leave with pay if they are required to attend court as a witness, either with consent of the Trust, on subpoena, witness summons or otherwise as a legal obligation, or called for jury service. Upon receipt of the Jury Service/witness pack, the employee must discuss this request for leave with their line manager, immediately. Any witness or jury fees an Employee claims from the Court will be recouped by the Trust. The court claim form (contained within jury service/witness pack) must be completed by the employee and sent to the Finance Department to enable the Trust to collect the costs. Travelling expenses and subsistence allowances will not be paid by the Trust, but should be claimed from the court. 5.4.5 Leave for public and civic duties The Trust will make available special leave with pay to employees who are required to be absent from duty for essential civic and public duties of the type listed in Section 50 and 51 of the Employment Rights Act and as required by other legislation. Remuneration from the Trust will be reduced by any amount paid to the individual by the relevant authority, for work activities carried out during what would Page 7 of 11
be the employee s normal working hours. The employee is required to notify the Trust of any such payments. The amount of time off and the occasions the employee will be permitted to take are those that are reasonable in the circumstances having regard to the following: 1. How much time off is required for the performance of the duties, and any particular duty. 2. How much time off the employee has already been authorised to rake to carry out civic and public duties and trade union duties and activities. 3. The needs of the Service. 4. The needs and circumstances of the individual employee. 5. Examples of public duties for which special paid leave shall be given are as follows : Membership of: Local Authority Broads Authority Any Statutory Tribunal Board of Prison Visitors Governing body of educational establishment. National Rivers Authority Training with the reserve and cadet forces. Attendance at the NHS Staff Council or NHS Pay Negotiating Council Or Serving as a Justice of Peace. 5.4.6 Contact with a notifiable disease Where an employee comes into contact with or contracts a notifiable disease (refer to Notification of Infectious Diseases Policy) they should seek the advice of their GP and the Occupational Health Physician before reporting for duty. In such instances where any employee is advised by their GP and the Occupational Health Physician not to attend work they will be medically suspended on full pay. The full up-to-date list of notifiable diseases and further information can be found on the Health and Safety Executive (HSE) website: RIDDOR - What must I report? All work related diseases should be recorded in Datix. The Health and Safety Manager must also be informed so that any risks can be assessed and the required reporting to the HSE can be processed. Page 8 of 11
5.5. Considerations The above outlines several categories of Special Leave. This does not preclude other forms of leave or flexible work patterns being agreed for a specific period to meet individual needs and circumstances e.g. short term unpaid leave, part-time working, temporary changes to working pattern. 5.6. Appeals Any employee wishing to appeal against the refusal to grant special leave should be made through the Grievance and Disputes procedure. 6. Training Requirements Training for managers on the application of the special leave policy will be carried out in accordance with the Trusts Organisation Wide Training Needs Analysis (TNA). 7. Monitoring Minimum Requirement Frequency Process for Monitoring e.g. audit Service Meeting Monthly Non-attendance monitoring report Evidence ESR reports Detailed reports based on teams/services Responsib le Individual( s) Head of HR Responsible Committee for action plan monitoring Workforce Education Governance Committee 8. Resource/Service Implementation Issues The key service implementation issue is to ensure that all stakeholders e.g. Managers, Staff Side and Employees are aware of the changes. 9. Risk Issues Appropriate management for special leave requests, will minimise pressure on resources. Failure to follow the policy may result in increased sickness absence, performance or conduct issues. Page 9 of 11
10. Requirements, References & Supporting Documents Trust External/Internal Requirements: Board Objective Ref: CQC Ref: NHSLA Ref: N/A N/A N/A References: Employment Act (2002) NHS terms and conditions of service handbook Trust s Flexible Working Policy Trust s Disciplinary Policy Trust s Equal Opportunities Policy Trust s Grievance and Disputes Procedure Trust s Maternity, Paternity and Adoption Leave Policy Trust s Career Break Policy Supporting Documents: Flexible Working Policy Notification of Infectious Diseases Policy 11. Review This document will be reviewed in five years (this is applicable to new or revised documents on approval of this policy revision), or sooner in the light of organisational, legislative or other changes). Page 10 of 11
12. Appendices Appendix 1 REQUEST FORM - SPECIAL LEAVE It is recognised that, in an emergency, it will be necessary to apply for special leave at very short notice. Where this is the case, and an employee cannot make an application in person, permission from their line manager must be obtained by telephone and an application form will then be submitted in retrospect. NAME OF EMPLOYEE: DIRECTORATE: TYPE/REASON FOR LEAVE: Please tick type of leave requested: With Pay [ ] Without Pay [ ] Please indicate the number of days requested: Please identify the dates of the days requested: Employee Signature: Date: Leave Granted Yes [ ] No [ ] If no please state reason: Manager Name/Job Title Manager Signature: Date: Upon authorisation please forward a copy of this form to the SMART In-putter for your service for recording on the attendance/esr system. Please place the original form on the employee s personal file. Page 11 of 11