Compassionate Leave Procedure Directorate Ormiston Academies Trust Author(S) Corinne Williams HR Document Compassionate Leave W R Hughes - Principal Date Created September 2014 Address Turnhurst Road Version 2 Tunstall Status Final Stoke-on-Trent SDT6 6JT Filename Compassionate Leave September 2014
CONTENTS 1. Introduction 2. Definition 3. Application of the procedure 4. Duration of Leave 5. Appeals Appendix 1: Guidance Appendix 2: Request for compassionate/special leave
1. Introduction 1.1 This procedure aims to provide guidance to ensure that requests from employees for compassionate leave are dealt with fairly, sympathetically and consistently. Due to the discretion available to managers in relation to the procedure it is not possible to prescribe guidelines for every eventually and each case will need to be considered on its own merits. 1.2 The Principal has discretion to grant up to 3 days compassionate leave per academic year with pay, based on the individual circumstances. 1.3 This procedure applies to all academy employees. 2. Definition 2.1 Compassionate leave is defined as leave of absence, with or without pay, which is intended to be used in the following circumstances Urgent Domestic / Other Distress e.g., sudden illness child taken ill at school, sudden accident (e.g., child / elderly relative or dependent falls; family crisis flooding, burglary, assault, etc.). ii) Time off to care for sick children or dependants In the case of childhood illness a parent is expected to take unpaid leave. However, compassionate leave may be granted in certain cases, such as: where a child develops meningitis; a dependant relative has to undergo an unplanned operation and needs someone to look after them immediately following the operation; an elderly dependant relative has a stroke or heart attack. These examples are by no means exhaustive but give an indication of the sort of emergency circumstances where it is necessary for an employee to provide full time care and attention for a dependant relative at short notice. NB: If there is considerable doubt, when working through the questions outlined in Appendix 1, the Principal has the discretion to ask for a private medical certificate from the patient s Doctor. This should state that the employee is required to provide such care and give an indication of the likely duration of this case. The cost of this medical certificate will be borne by the Academy. iii) Bereavement within the immediate family / significant relationships Compassionate leave will be granted where a bereavement of the immediate family / significant relationship is suffered. This could include: spouse / partner father / mother son / daughter / brother / sister respective in-laws grandparents grandchildren step relatives and adopted (or fostered) children or other significant relationships. In relation to extended family e.g., aunt, uncle, cousin etc time off will normally be restricted to funeral attendance but consideration will need to be given, upon request of individual circumstances e.g., where an employee has been brought up by an aunt or foster parents. 1
iiii) Other Antenatal appointments- Fathers and partners will be given the right to take unpaid leave from work to attend up to two antenatal appointments with their pregnant partner. Hospital appointments will be honoured at full pay rate, however documentation must be provided to substantiate appointments. Hospital appointments for children/other family members will be honoured at full pay rate, documentation must be provided to substantiate appointments. No more than 5 appointments for children/other family members must be taken in a 12 month rolling period. Doctors/Dentist/Optical appointments etc it is the Principals expectation that these appointments are made outside of working hours where possible, for both employee and his/her direct family. House move paid leave for 1 day, any extra days will be unpaid. 3. Application of the procedure 3.1 Requests for compassionate leave are usually made in response to a problem which requires urgent or immediate attention or action. The Principal will consider that the employee may be distressed and in need of a quick response to their request. With this in mind requests for compassionate leave will be handled with tact and empathy and it may be necessary for the exact details to be dealt with later to avoid any further distress and delay at the outset. 4. Duration of Leave 4.1 The need for compassionate leave can either be short term (a few days); medium term (a few weeks) or long term (a few months). a) Short terms needs (up to 3 days) where the need is only for a few days in order to cope with a situation until alternative arrangements can be made, the Principal has the discretion to grant further paid compassionate leave. Beyond this the Principal can consider up to a further 7 days taken without pay. b) Longer term requirement for time off to provide care and attention. In the majority of cases this will be leave of absence without pay. The Principal is empowered to authorise leave of absence without pay for up to 3 months maximum in any 12 month period. Any requests for extensions of leave of absence beyond this can be considered by the Principal. Where leave of absence without pay causes particular personal / financial hardship, a request for leave of absence with pay can be considered but in reality such leave with pay is unlikely to be granted. c) Where leave of absence is granted, the employee should be made aware: i) this is discretionary leave granted by the Principal and that the employee should not assume that any extension will be automatically forthcoming. ii) the employee will be expected to return to work by a specified date (the first working day after the period of approved leave of absence expires), unless covered by a medical certificate from that date. d) In all cases, the employee should complete the form at Appendix 2. Following approval, the form must be given to the academy HR advisor. 2
5. Appeals 5.1 Appeals against decisions can be made via the Grievance procedure. 5.2 If you have any queries on this procedure please contact the Principal or HR advisor 3
Appendix 1 Guidance The consistent treatment of employees is important, therefore when responding to requests the following should be considered:- a) Urgent domestic / other similar distress Is it the responsibility of the employee making the request to resolve the problem and does it need to be resolved immediately? Is the event unforeseen and what impact does it have on the employee? Is there anyone else who is able to address the problem? Are regular requests to deal with such events being made or are they infrequent? b) Time off to care for sick dependants Is there a genuine case of a person requiring emergency full time care and attention? Is the provision of this case the responsibility of the employee making the request? Does the employee have other relatives to support them in providing the case? e.g., when a request is made to care for an elderly relative does the employee have siblings who can assist? In the case of children can the responsibility be shared between parents or can grandparents help out? Is the employee a single parent? How frequent are requests made? c) Bereavement within the immediate family or significant relationships (see 2.1.iii above for definitions) On what basis is time off needed, i.e., dealing directly with funeral arrangements, dealing with the coroner where a post mortem is required, immediate property and/or financial arrangements, funeral attendance and supporting other relatives particularly in the event of sudden death. What was the relationship of the deceased to the applicant? Compassionate Leave Procedure 3
CONFIDENTIAL REQUEST FOR COMPASSIONATE/SPECIAL LEAVE This form is to be used for any employee requesting compassionate/special leave. Please refer to the Compassionate Leave Procedure for advice and guidance. Name Employee ID Number Job Title Section YOU RE DATES FOR LEAVE: Date Leave required from Time: Date Leave to end Time: Number of Days/Hours Reason for Leave PRINCIPAL/HR TO COMPLETE Number of Days Leave Granted With Pay Number of Days Leave Granted Without Pay Leave Refused Reason for Decision Signed Applicant Signed L. Manager Date Date Signed Principal Date Once completed please return this form to Corinne Williams HR HR to forward copy of form to payroll where all or part of the leave is to be unpaid 4