PUBLIC DUTIES LEAVE POLICY Documentation Control Reference Approving Body Date Approved Implementation Date HR/WLB/003 Trust Board 2 2 Version 3 Supersedes NUH version 2 (February 200) Human Resources / Pay Services Consultation undertaken NUH Policy Sub Group Directors Group Date of Completion of Equality Impact Assessment Date of Completion of We Are Here For You Assessment Date of Environmental Impact Assessment (if applicable) Target Audience Supporting Documents and References Review Date Lead Executive Author/Lead Manager Further Guidance/Information 4 November, 20 4 November, 20 Not applicable All managers and staff Work Life Balance Policy Work Life Balance Procedure February 204 Director of HR Ian Siara, Directorate HR Manager Directorate HR Managers Public Leave Duties Policy V3
CONTENTS Paragraph Title Page Introduction 3 2 Policy Statement 3 4 5 6 7 8 9 0 2 3 Roles & Responsibilities 3 Time Off for Public Duties 4 Volunteer Reserve Forces 5 Jury Service 6 Dissatisfaction with Application of the Policy 7 Monitoring and Evaluating the Effectiveness of this Policy Equality and Diversity Statement 7 Equality Impact Assessment Statement 8 Environmental Impact Assessment Statement 8 We Are Here For You Standard Mission Statement 8 Advice 8 Appendix Equality Impact Assessment Appendix 2 We Are Here for You Toolkit Assessment Appendix 3 Certification of Employee Awareness 3 7 9 2 6 Public Leave Duties Policy V3 2
PUBLIC DUTIES LEAVE POLICY. INTRODUCTION. The Trust recognises its responsibility to put in place a range of practical arrangements that support staff where they have chosen to undertake public duties in addition to their employment..3 The Trust is committed to support employees who choose to undertake public duties. In making support provisions, the Trust must ensure that a high quality service is maintained. 2. POLICY STATEMENT 2. This policy aims to outline the Trust s support provisions for those employees who chose to perform public duties in addition to their employment with the Trust. The provisions within this policy are in line with the Employment Rights Act 996, the governing legislation for the right to time off for public duties. 2.2 The Policy covers all employees of the Trust, 3. ROLES AND RESPONSIBILITES 3. Director of Human Resources: 3.. To ensure the development and implementation of appropriate guidance to support the provision of public duties leave. 3.2 Managers: 3.2. To ensure that effective and efficient services to patients and service users are maintained. 3.2.2 To ensure that their staff are aware of this policy and the support provisions available to those who undertake public duties. Public Leave Duties Policy V3 3
3.2.3 To apply the guidance in an effective, fair and consistent manner. 3.3 Employees: 3.3. To ensure that effective services to patients and service users are maintained. 3.3.2 To raise with their manager the prospect of involvement in public duties including an outline of the level of time off required for the performance of those duties. 4. TIME OFF FOR PUBLIC DUTIES 4. The following public duties are covered by this policy as governed by the Employment Rights Act 996 Justice of the Peace Member of a local authority Member of a police authority Member of a statutory tribunal Member of the governing body of an educational establishment Member of a relevant health body Member of a board of prison visitors or a prison visiting committee Member of the Environment Agency 4.2 The Trust is required to grant reasonable time off for any of the duties of Justice of the Peace and, as regards membership of the above bodies, to: Attend meetings of the body or any of its committees or subcommittees; Perform duties approved by the body. 4.3 The Trust may authorise up to 8 days of Public Duties Leave with pay (based on full time employees, adjusted pro rata for part time employees) during each leave year for those duties covered in section 4.. 4.4 Managers have the discretion to approve unpaid time off in addition to the above where appropriate. Public Leave Duties Policy V3 4
4.5 All requests for leave regarding the undertaking of public duties, regardless of whether the leave is paid or unpaid, must be submitted in writing to the line manager. Requests should be submitted at least six weeks ahead of a planned commencement date. 4.6 Appointment to any of the public bodies listed in section 4. must be notified in writing to the line manager. Staff are advised to discuss the possibility of appointment with their manager, giving as much notice as possible. 4.7 When deciding whether to grant paid and/or unpaid Public Duties Leave and the amount of leave granted, managers must take account of the following factors: The time off required for the performance of the duties of the office or as a member of the body in question, and how much time is required for the performance of the particular duty; How much time off the employee has already had for public duties or time off for trade union duties and activities within the current leave year; The impact on service provision, ensuring that there is no detrimental effect on patients and service users. 4.8 The provision of paid and/or unpaid Public Duties Leave should be reviewed between the member of staff and their line manager on an annual basis taking account of the above factors. 5. VOLUNTEER RESERVE FORCES 5. The Volunteer Reserve Forces consist of the Royal Naval Reserve, Royal Marines Reserve, the Territorial Army and Reserve Air Forces. 5.2 Any employee who is a member of the Volunteer Reserve Forces is entitled to eight days paid leave (based on full time employees, adjusted pro rata for part time employees) to attend annual training camps. If additional time is required, this is taken as either annual leave or unpaid leave. The maximum continuous obligatory training commitment for those in the Volunteer Reserve Forces is 6 days. The member of staff must give, to their line manager, as much notice as possible of their requirement to attend a continuous period of obligatory training. Public Leave Duties Policy V3 5
5.3 The Trust is required to release employees from their duties if called up (mobilised) for service with the Regular Forces. This is taken as unpaid leave and will generally be covered by the Employment Break Scheme found within the Trust s Work life Balance Policy and Procedures. Employees should inform the Trust as soon as possible of this request. 5.4 No employee should accept High Readiness Reserves liability before consent has been given by the Trust. 5.5 The Trust has links with all the Volunteer Reserve Forces. There is a liaison role between the Trust and the Reserve Forces within Human Resources. For further details on becoming a Volunteer Reservist, please contact Human Resources. 6. JURY SERVICE 6. Employers are not under a legal obligation to pay staff while on Jury Service. 6.2 In order to ensure that the employee does not miss out on pay they must follow the following procedure: 6.2. Inform their manager immediately that they receive their summons the manager can then contact Pay Services where they are unsure of the process to follow. 6.2.2 The employee should request the appropriate form from the courts and give it to Pay Services who will verify the loss of earnings and provide guidance as appropriate. 6.2.3 The individual will then claim the loss of earnings from the court. 6.2.4 Pay Services will continue to pay the employee s pay while they are on Jury Service, on the understanding that the employee will reclaim loss of earnings from the courts. This must be re paid to the Trust by the employee as soon as the courts have reimbursed them for their loss of earnings. The individual will need to provide evidence of payment received by the court. Staff are therefore paid by the courts. Any shortfall between the allowance paid by the courts and an employee s earnings will be paid by the Trust so that an individual s total earnings are maintained while on jury service. Public Leave Duties Policy V3 6
6.2.5 Where an employee receives regular paid supplements, their total earnings including re imbursement received by the court, during jury service will be based on what the employee would have received had he/she been at work. This will be based on a reference period of the previous three months at work. 6.3 The Trust is unable to request that staff have their jury service deferred. 7. DISSATISFACTION WITH THE APPLICATION OF THIS POLICY 7. Any employee who is dissatisfied with the way this policy is applied will be able to use the Trust s Grievance Policy. 8. MONITORING & EVALUATING THE EFFECTIVENESS OF THIS POLICY 8. There were no recorded grievances related to the application of this policy in the 2 months prior to review. A further review of grievances will be completed prior to the next policy update. 9. EQUALITY AND DIVERSITY STATEMENT 9. All patients, employees and members of the public should be treated fairly and with respect, regardless of age, disability, gender, marital status, membership or non membership of a trade union, race, religion, domestic circumstances, sexual orientation, ethnic or national origin, social & employment status, HIV status, or gender re assignment. 9.2 All trust polices and trust wide procedures must comply with the relevant legislation (non exhaustive list) where applicable: Equality Act 200 Employment Relations Act (999) Rehabilitation of Offenders Act (974) Human Rights Act (998) Trade Union and Labour Relations (Consolidation) Act 999 Part Time Workers Prevention of Less Favourable Treatment Regulations (2000) Fixed Term Employees Prevention of Less Favourable Treatment Regulations (200) Public Leave Duties Policy V3 7
0. EQUALITY IMPACT ASSESSMENT STATEMENT 0. NUH is committed to ensuring that none of its policies, procedures, services, projects or functions discriminate unlawfully. In order to ensure this commitment all policies, procedures, services, projects or functions will undergo an Equality Impact Assessment. 0.2 A copy of the Equality Impact Assessment for this policy can be found in Appendix. 0.3 Reviews of Equality Impact Assessments will be conducted in line with the review of the policy, procedure, service, project or function. ENVIRONMENTAL IMPACT ASSESSMENT STATEMENT. The environmental impact of this policy has been considered and no further action is required at this time. 2. WE ARE HERE FOR YOU STANDARD MISSION STATEMENT: 2. This Trust is committed to providing the highest quality of care to our patients, so we can pledge to them that we are here for you. This Trust supports a patient centred culture of continuous improvement delivered by our staff. The Trust established the Values and Behaviours programme to enable Nottingham University Hospitals to continue to improve patient safety, outcomes and experiences. The set of twelve agreed values and behaviours explicitly describe to employees the required way of working and behaving, both to patients and each other, which would enable patients to have clear expectations as to their experience of our services. A copy of the assessment can be found in Appendix 2. 3. ADVICE 3. Advice on the application of the Policy is available from any HR Manager or accredited representative. Public Leave Duties Policy V3 8
Equality Impact Assessment Report Outline APPENDIX. Name of Policy or Service Public Duties Leave Policy 2. Responsible Manager Ian Siara, Directorate HR Manager 3. Name of person Completing EIA Ian Siara, Directorate HR Manager 4. Date EIA Completed 4 November, 20 5. Description and Aims of Policy/Service (including relevance to equalities) The policy aims to outline the Trust s support provisions for those employees who chose to perform public duties in addition to their employment with the Trust. The provisions within this policy are in line with the Employment Rights Act 996, the governing legislation for the right to time off for public duties. 6. Brief Summary of Research and Relevant Data No relevant research / data 7. Methods and Outcome of Consultation Consultations have been carried out with the following: Policy Sub Group Directors Group Staff Side Directorate HR Managers Comments from the above consultations have been received and incorporated where appropriate Public Leave Duties Policy V3 9
8. Results of Initial Screening or Full Equality Impact Assessment: Equality Group Age Gender Race Sexual Orientation Religion or belief Disability Dignity and Human Rights Working Patterns Social Deprivation Assessment of Impact 9. Decisions and/or Recommendations This policy does not have an impact on the equality strands as the policy provides information for equitable treatment of all staff who choose to perform public duties in addition to their employment with the Trust. There were no grievances recorded in relation to the application of this policy in the 2 months prior to it s renewal. From the information contained in the policy, it is my decision that a full assessment is not required at the present time. 0. Equality Action Plan (if required) N/A. Monitoring and Review Arrangements (including date of next full review) It is recommended that this policy and EIA be reviewed after three years in order to assess its functionality and thereafter three yearly in line with the guidelines set out in this policy. Public Leave Duties Policy V3 0
Screening Grid Equality Area (Protected Characteristics) Age Is this policy or service RELEVANT to this equality area? YES / NO Assessment of Potential Impact: HIGH MEDIUM LOW NOT KNOWN positive (+) negative ( ) Yes Reasons for Assessment There is no evidence to suggest that this policy will adversely affect any staff based on this equality strand Disability Yes As above Gender Reassignment Yes As above Race Yes As above Religion or Belief Yes As above Sex Yes As above Sexual Orientation Yes As above Marriage & Civil Partnership Yes As above Pregnancy & Maternity Yes As above Social Deprivation Yes As above Dignity and Human Rights Yes As above Working Patterns Yes As above Public Leave Duties Policy V3
Appendix 2 We Are Here For You Policy and Trust wide Procedure Compliance Toolkit The We Are Here For You service standards have been developed together with more than,000 staff and patients. They can help us to be more consistent in what we do and say to help people to feel cared for, safe and confident in their treatment. The standards apply to how we behave not only with patients and visitors, but with all of our colleagues too. They apply to all of us, every day, in everything that we do. Therefore, their inclusion in Policies and Trust wide Procedures is essential to embed them in our organization. This toolkit has been designed for Policy Owners to assess the compliance of their Policy or Trust wide Procedure in light of the We Are Here For You values. It is now mandatory for all Policies and Trust wide Procedures to incorporate the We Are Here For You Values and undergo this compliance assessment. Please complete the grid below to assess your Policy or Trust wide Procedure. The toolkit will then advise Policy owners on the steps they need to take to become We Are Here For You compliant. To what extent is your Policy or Trust wide Procedure affected by the following We Are Here For You values? Please rate each value from 3 ( being not at all, 2 being affected and 3 being very affected). Polite and Respectful Whatever our role we are polite, welcoming and positive in the face of adversity, and are always respectful of people s individuality, privacy and dignity. 2. Communicate and Listen We take the time to listen, asking open questions, to hear what people say; and keep people informed of what s happening; providing smooth handovers. Public Leave Duties Policy V3 2
3. Helpful and Kind All of us keep our eyes open for (and don t avoid ) people who need help; we take ownership of delivering the help and can be relied on. 4. Vigilant (patients are safe) Every one of us is vigilant across all aspects of safety, practices hand hygiene and demonstrates attention to detail for a clean and tidy environment everywhere. 5. On Stage (patients feel safe) We imagine anywhere that patients could see or hear us as a stage. Whenever we are on stage we look and behave professionally, acting as an ambassador for the Trust, so patients, families and carers feel safe, and are never unduly worried. 6. Speak Up (patients stay safe) We are confident to speak up if colleagues don t meet these standards, we are appreciative when they do, and are open to positive challenge by colleagues. 7. Informative We involve people as partners in their own care, helping them to be clear about their condition, choices, care plan and how they might feel. We answer their questions without jargon. We do the same when delivering services to colleagues. 8. Timely We appreciate that other people s time is valuable, and offer a responsive service, to keep waiting to a minimum, with convenient appointments, helping patients get better quicker and spend only appropriate time in hospital. 9. Compassionate We understand the important role that patients and family s feelings play in helping them feel Public Leave Duties Policy V3 3
better. We are considerate of patients pain, and compassionate, gentle and reassuring with patients and colleagues. 0. Accountable Take responsibility for our own actions and results.best Use of Time and Resources Simplify processes and eliminate waste, while improving quality 2.Improve Our best gets better. Working in teams to innovate and to solve patient frustrations TOTAL 2 If your Policy or Trust wide Procedure scores 6 or more, you are required to review the document and make changes to ensure the values are reflected in the document. In addition to this, you are required to insert a We Are Here for You standard mission statement, as outlined below. In cases where the score is 6 or more, you should also include the scoring template as an appendix to your document. If your Policy or Trust wide Procedure scores 5 or less, you are required to insert a We Are Here for You standard mission statement, as outlined below. We Are Here for You standard mission statement: This Trust is committed to providing the highest quality of care to our patients, so we can pledge to them that we are here for you. This Trust supports a patient centred culture of continuous improvement delivered by our staff. The Trust established the Values and Behaviours programme to enable Nottingham University Hospitals to continue to improve patient safety, outcomes and experiences. The set of twelve agreed values and behaviours explicitly describe to employees the required way of working and behaving, both to patients and each other, which would enable patients to have clear expectations as to their experience of our services. We Are Here For You Policy Sub Group members are available for guidance relating to this toolkit. Their contact details are below. We Are Here For You Policy Sub group members: Public Leave Duties Policy V3 4
The We Are Here For You Policy Sub Group is all willing to help Policy Owners when reworking Policies in line with this toolkit. The contact details for the group are below: Jackie Wilbourn, Directorate HR Managerjackie.wilbourn@nuh.nhs.uk Mike O Daly, Trust Secretary, mike.o daly@nuh.nhs.uk Alyson Packham, Named Nurse Safeguarding Team, alyson.packham@nuh.nhs.uk Isabella Furse, Safeguarding Vulnerable Adults Consent Manager, isabel.furse@nuh.nhs.uk Sue Arnold, Matron Neuro & Spinal, MSKN, sue.arnold@nuh.nhs.uk Public Leave Duties Policy V3 5
APPENDIX 3 CERTIFICATION OF EMPLOYEE AWARENESS Document Title Public Duties Leave Policy Version (number) 3 Version (date) 2 I hereby certify that I have: Identified (by reference to the document control sheet of the above policy/ procedure) the staff groups within my area of responsibility to whom this policy / procedure applies. Made arrangements to ensure that such members of staff have the opportunity to be aware of the existence of this document and have the means to access, read and understand it. Signature Print name Date Directorate/ Department The manager completing this certification should retain it for audit and/or other purposes for a period of six years (even if subsequent versions of the document are implemented). The suggested level of certification is; Clinical directorates general manager Non clinical directorates deputy director or equivalent. The manager may, at their discretion, also require that subordinate levels of their directorate / department utilize this form in a similar way, but this would always be an additional (not replacement) action. Public Leave Duties Policy V3 6