Special Leave Policy Board library reference Document author Assured by Review cycle P003 Head of HR Employee Strategy and Engagement Committee 3 Years This document is version controlled. The master copy is on Ourspace. Once printed, this document could become out of date. Check Ourspace for the latest version. Contents 1. Introduction...3 2. Purpose or aim...3 3. Scope...3 4. Types of Special Leave...3 4.1 Personal leave... 3 4.2 Compassionate leave... 4 4.3 Special leave at manager s request... 4 4.4 Career break... 5 4.5 Interviews... 6 4.6 Public duty leave... 6 4.7 Unpaid leave... 6 5. Applying for special leave...7 6. Roles and responsibilities...7 6.1 Employees will:... 7 6.2 Managers will:... 7 7. Training...8 8. Monitoring or audit...8 9. References...8 Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 1 of 9
10. Appendices...8 Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 2 of 9
1. Introduction We recognise that from time to time, employees may need to take time off work outside of the normal arrangements for annual leave. This may be due to a domestic emergency, bereavement or to deal with difficult family situations. Employees may also ask for time off work for public duties such as jury service or to act as magistrate. Sometimes, a manager may ask an employee to take some time away from work to allow a cooling off period or to allow arrangements to be made to resolve a situation. Management decisions granting special leave will take into consideration the needs of the employee and the needs of the Trust. The Trust wishes to be seen to be reasonable, fair and consistent in its decisions. The types of leave described in this policy should only be used short term. Where there is a longer term situation, other options should be considered such as the Flexible Working Policy. There are statutory entitlements for employees to take time off work (mainly unpaid). AWP complies with these and often the Trust and the NHS terms and conditions of employment go beyond the statutory requirements. 2. Purpose or aim This policy sets out the types of special leave available, tells you how to apply for the leave and when this would be appropriate. 3. Scope This policy applies to all Trust employees. This policy covers: Personal leave (includes carer s leave) Compassionate leave Special leave (at manager s request) Career break Time off for attending interviews Public duty Leave Unpaid leave This policy does not cover: Maternity leave Parental / partner leave Adoption leave Information on the above can be found on Ourspace. 4. Types of Special Leave 4.1 Personal leave AWP acknowledges that unexpected circumstances may prevent a member of staff from attending for work. For example; where the employee has to care for a child, close relative or dependant unexpectedly because of illness, an unexpected breakdown in care arrangements or an exceptional domestic emergency, paid leave may be agreed. A dependant is an employee s Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 3 of 9
child, parent, wife, husband or partner who lives as part of the employee s family, or someone who relies on the employee in a particular emergency. The manager will normally grant personal leave if other ways of dealing with the situation are not appropriate, such as changing rotas or time off in lieu of extra hours worked which has been accumulated, etc. In most cases, personal leave will only be granted one day at a time, up to a maximum of 5 days in a leave year (pro rata for part time staff). In exceptional circumstances, one additional period of up to 5 further days may be granted following discussion with an ER specialist or advisor. In certain cases, an employee may be granted extended leave using a career break or unpaid leave. (see 4.4 and 4.7 below) To claim personal leave, employees should contact their manager as soon as possible. Where personal leave has been granted during a leave year, you will not normally be permitted to carry any annual leave into the next year. Personal leave will be re-classified retrospectively as annual leave, with any balance of annual leave then carried forward (to a maximum of five days). Fostering Personal leave may also be used during fostering one period of personal leave may be taken whilst the fostering application is progressed. An additional period of personal leave may be used in the same year should a foster child/ren be introduced to the foster family. Personal leave for fostering purposes is limited to one spell per year after the first year. 4.2 Compassionate leave Paid leave may be given when an immediate family member dies. This includes mother, father, partner, son, daughter, sister, brother, guardian, mother- and father-in-law, grandparents, stepmother and stepfather. In most circumstances, one to three days will be sufficient time for funeral arrangements. Dealing with the estate of the deceased may require the maximum 5 days, which need not be consecutive. To respect different cultures and religions, some staff may need to be given time off to attend relevant ceremonies. A half-day paid leave may be given to attend the funeral of other relatives and close friends. If the funeral is at a distance, more time may be given at the manager s discretion. The manager may grant a further period of paid leave for the grieving process. Or, by agreement, it may be more appropriate to consider sick leave. Compassionate leave may also apply in crises such as emergency hospital admission of child, partner or parent. At the manager s discretion, a further period of unpaid leave may be given if the situation requires it. 4.3 Special leave at manager s request Special leave (which will be paid) may be granted to an employee in the following circumstances: If required, to be absent from work following contact with a notifiable disease; Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 4 of 9
Where a staged return to work is required following a prolonged period of ill health, or where time is needed to adapt the workplace to enable return; Where there are intense difficulties within a team. In this case, special leave must not be seen as a disciplinary or punitive measure, but to give a breathing space. Other special circumstances not covered by this policy must be agreed between the manager and an ER specialist or advisor. 4.4 Career break A career break is unpaid leave that may be granted to an employee for a minimum period of 3 months and maximum period up to 5 years. The career break may be for any of the following purposes: To undertake care responsibilities To undertake voluntary work (either within the UK or overseas) To study (where the Trust is unable to support study leave) To undertake training Other reasons will be considered on their merit. The Trust will not continue to contribute towards the employee s pension for the period of a career break. Before applying for a career break, employees should contact the NHS Pensions Agency (if they are members of the pension scheme) to ensure they fully understand the impact of a career break on their pension. Applicants do not have to resign to take an employment break, although there will be a change to the contract of employment. During a career break, employees will be terminated from AWP s payroll and will be on nil pay. Employees must have at least 12 months service with AWP to apply for a career break. Applications should be submitted in writing and, to enable cover arrangements to be made, a minimum notice period of one month is required. When considering the length of a career break, managers should balance the needs of the employee with the needs of the service. The following provisions depending on length of service should be confirmed in writing when a career break is agreed: Pension, annual leave, occupational sick pay and contractual redundancy payments, will be suspended for the period of the career break, i.e. this period will not count as reckonable service. Impact on pensions If the employee wishes to continue to make pension contributions during a career break, the Trust will pay employer contributions for a period of six months. Arrangements will be made to collect the employee contributions from the employee during this time. After the first six months, the employee may continue to make contributions for a further 18 months, but they will be responsible for paying both the employee and employer contributions. Or the employee may opt to suspend their pension during this time. Further advice is available from the ER Team and Payroll Department and from the NHS Pensions NHS Business Services Authority. Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 5 of 9
Return from career breaks For career breaks of less than one year, the employee will return to the same job, as far is reasonably practicable. On return to work from longer career breaks, the Trust will seek to identify employment at an equivalent grade and equivalent hours within reasonable travelling distance from the individual s home. Notice period for return to work You will be required to keep in contact with your manager and let him or her know about any change in circumstances It is the responsibility of professionally registered members of staff to ensure their accreditation is maintained and in order before returning to work People on career breaks will not normally be allowed to take up substantial paid employment with another employer unless written authority from the Trust has been given. The notice period required before the return to work should be two months if the break is less than a year and six months if the break is more than a year. The same notice periods are required if the employee wishes to request an extension to or early return from a career break. 4.5 Interviews Leave to attend interviews for posts within the Trust, other parts of the NHS or with mental health partners will be paid. In all other cases, time to attend interviews will generally be unpaid although agreed adjustment of hours, time off in lieu or annual leave may be used. (Note: those employees who are notified as at risk following re-organisation, reduction or change in services will be entitled to paid time off for interviews irrespective of the potential employer.) 4.6 Public duty leave Public duty leave will be given for: jury service to attend court as a witness Public duty leave may be granted for the following provided the Trust has given prior consent to the employee s involvement with these Magistrate or JP duties To attend camp as a member of the Auxiliary Armed Forces To attend meetings etc. as a result of election to a local/unitary authority To attend meetings etc. because of membership of the governing body of a school or college. Where salary costs are reimbursed (e.g. jury service), public duty leave will be unpaid, otherwise public duty leave will be paid. The duration of public duty leave will depend on the type and reason for the leave. 4.7 Unpaid leave The line manager may grant periods of unpaid leave which are less than one month. Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 6 of 9
Unpaid leave will usually only be authorised when the annual leave allocation has run out. To ensure cover, a notice period of one month is required. (Note: If unpaid leave follows other types of special leave, notice is not required.) 5. Applying for special leave AWP recognises a rigid procedure is not appropriate for special leave, as every case will vary. However, agreement must be sought from the line manager. Employees are asked to contact their line manager to discuss special leave as soon as the particular circumstances are identified. If an application for leave under the Special Leave Policy is declined, the manager should provide a written explanation to the employee and a copy should be retained on his/her personal file. An employee dissatisfied with such a decision may appeal using the Grievance and Disputes Policy and Procedure. Information on Special Leave is available on Ourspace, and advice is also available from the ER team. Recording of special leave Time away from work taken under this Policy must be recorded on the relevant system (e.g. RosterPro, timesheets etc.) 6. Roles and responsibilities 6.1 Employees will: Inform their manager as soon as possible where there are unexpected circumstances that prevent them for attending work and where special leave may be applicable. Make every effort to resolve any break down in caring arrangements quickly so they can return to work Be prepared to use annual leave or TOIL in the first instance or to extend the period of leave where needed. Ensure that any leave granted under this Policy is recorded on the appropriate system. Be open with their manager about the issues they have (but they may request that the manager keep this confidential) and co-operate with their manager in agreeing the best way to resolve their situation to minimise any disruption to services. Obtain agreement from their manager before making any commitment to undertake any public duties during their work hours. 6.2 Managers will: Be responsible for considering requests for special leave in accordance with this policy. When making decisions on whether or not to grant special leave they should take the following into account: - Whether the employee has a statutory entitlement to leave; - Whether the employee could use annual leave or TOIL or some other flexible working arrangement; - Whether there will be a detrimental impact on service delivery and quality or on other staff. Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 7 of 9
Ensure that they consider all requests fairly and consistently and where it is not appropriate to grant Special Leave to explain the reasons to the employee, confirming this in writing if requested. - Ensure that any leave granted under this Policy is recorded on the appropriate system. - Seek HR advice where needed by contacting the relevant ER Advisor or ER Specialist. 7. Training There is no specific training provision; however, advice is available on Ourspace and from the ER team. 8. Monitoring or audit This policy will ensure compliance with current employment legislation for entitlements to paid and unpaid leave. Representatives from trades unions formally recognised by the Trust and management representatives have drawn up this policy. Management as part of the review will provide meaningful statistics. This policy will be reviewed after 3 years or earlier at the request of either party. 9. References This policy has been drawn up with reference to current UK and European employment legislation and relevant national terms and conditions. Flexible working policy 10. Appendices Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 8 of 9
Version History Version Date Revision description Editor Status 1.0 01 Apr 2003 Version approved by the Board on 2005-09-01 LN 2.0 01 Apr 2006 Redraft by Deputy HR Director. by Board 2006-06-01 2.1 05 May 2009 Integrated Governance extended policy until 31/1/2012 3.0 01 Nov 2011 QHCG agreed extension date for review to 30 June 2012 AM AM TW 3.1 25 June 2012 Workforce Strategy Committee agreed policy review date extension until 28 th February 2013. TW 4.0 18 Jan 2013 Policy due for three year review. Amendments agreed by GNG on 27 Nov 2012 and by ESEC on 18 Jan 2013. 4.1 1 June 2014 Administrative updates made to reflect Trust structures TW SJ 4.2 16 February 2016 Policy put in new format and updated for GNG Consideration. KE Draft 5.0 19 April 2016 by Quality and Standards Committee KE Special Leave Policy Expiry date: 19/04/2019 Version No: 5.0 Page 9 of 9