Leave Policy and Procedure Version: V2.2, v1 approved by MC Bodies consulted: Staff Side Approved by: PASC Date Approved: 9.7.14 Lead Manager: Namdi Ngoka Assistant Director Responsible Director: Human Resources Director Date issued: Aug 14 Review date: Jul 2018 Leave policy and procedure, v2.2, Aug 14 Page 0 of 30
Contents 1 Introduction 2 Purpose 3 Scope 4 Definitions 5 Policy Statements 6 Duties and Responsibilities 7 Procedures 7.1 Annual Leave and Public Holidays 7.2 Sick Leave 7.3 Maternity Leave 7.4 Paternity Leave 7.5 Adoption Leave 7.6 Parental Leave 7.7 Unpaid Leave 7.8 Study Leave 7.9 Time off in Lieu/Overtime 7.10 Bereavement Leave 7.11 Carers Leave 7.12 Personal and Domestic Leave 7.13 Leave for Religious Festivals and Prayer Facilities 7.14 Jury Service 7.15 Special Leave for Medical Purposes 7.16 Time off for Public Duties 7.17 Military Training 7.18 Inclement Weather/disrupted transport system 7.19 Career Breaks 7.20 Sabbatical Leave 8 Training Requirements 9 Process for Monitoring Compliance with this policy Leave policy and procedure, v2.2, Aug 14 Page 1 of 30
10 References 11 Associated Documents Appendix 1: Application for Paid Maternity Leave 12 Appendix 2: Career Break Scheme Application Form Appendix 3: Equality Impact Assessment Leave policy and procedure, v2.2, Aug 14 Page 2 of 30
1. INTRODUCTION The Tavistock and Portman NHS Foundation Trust, is committed to developing and maintaining working arrangements, which enables staff to achieve a better work-life balance. In order to achieve this, the Trust recognises that it should provide staff with a policy and procedure, which will ensure a uniform and equitable approach to the application of annual leave, public holiday entitlements, sick leave and all other types of leave. The Trust recognises that at various stages of an employee s working life, domestic, personal and family matters may reduce or hinder their ability to fulfil work responsibilities. This policy not only sets out the detail in which paid annual leave and requests for annual leave should be made, but also provides a framework for employees in circumstances where any other type of leave, often referred to as special leave, are more appropriate. This special leave may cover a number of various circumstances and for which annual leave and sick leave are not appropriate. This policy defines and distinguishes between the different types of absence which may attract special leave, but it is not intended to provide an exhaustive list of all the circumstances in which such leave may be approved. Managers are strongly encouraged to be flexible and equitable when any leave is requested and discuss leave requests with their staff as necessary, ensuring that a balance is reached between supporting staff in their request and managing the needs of the service. If necessary, advice should be sought from a member of Human Resources. Special leave aims to provide a compassionate response to immediate short-term needs. Managers are expected to be flexible and equitable in the authorisation of special leave applications, taking into account the particular circumstances of each case and to seek advice from the Human Resources Department as necessary. Special leave is not a contractual entitlement, however all applications for special leave should be considered sympathetically in the light of individual circumstances and the needs of the service. Special leave should not be granted in circumstances where it is considered reasonable for an employee to fulfil their non-work responsibilities in their own time. In circumstances where paid special leave is not granted, employees should not be discouraged from applying for unpaid leave. However, if the special leave has been refused for service reasons it is unlikely that a request for unpaid leave will be granted. If staff wish to discuss a refusal further or any other issues relating to their leave request they can contact a member of Human Resources or their Union. Special leave is not intended to cover long-term domestic and family needs. Employees should discuss the options available, including career breaks (also included in this policy) and flexible working, in such circumstances with their line manager. Part-time employees are entitled to special leave under the same conditions as their fulltime colleagues, on a pro-rata basis. However, in circumstances where special leave is granted for a period of one day this will not be pro-rata. Special leave may be taken in full or part days but employees must obtain prior authorisation for each episode of absence. In addition, the Trust, is committed to providing reasonable adjustments for those staff who have declared a disability with the Trust,. It is therefore acknowledged that many types of disability may require periods of absence, such as attendance at hospital for tests or treatment or to recover from a period of acute illness, which are Leave policy and procedure, v2.2, Aug 14 Page 3 of 30
directly related to the person s disability. Staff are encouraged to declare a disability when they take up their post or as soon as the disability becomes diagnosed, so that the Trust can assist with any adjustments. 2. PURPOSE The purpose of this policy is to ensure that there is a consistent approach to leave procedures across the Trust. 3. SCOPE This policy applies to all staff employed in the Trust with the exception of agency workers and bank staff. Please note however, that after a 12-week qualifying period, agency workers are now entitled to the same basic conditions of employment as if they had been directly employed by the Trust. This relates specifically to: pay - including any fee, bonus, commission, or holiday pay. It does not however include redundancy pay, contractual sick pay, and maternity, paternity or adoption pay working time rights - working hours, working time entitlements egg breaks and including any annual leave above what is required by law. Agency Workers (regardless of their employment status) will also be entitled to paid time off to attend ante-natal appointments during their working hours This policy supersedes all previous leave policies (special leave, career break and leave policies). The provisions of the Policy apply to all Tavistock and Portman NHS Foundation Trust staff employed under NHS Agenda for Change Terms and Conditions of service and those employed under Medical staff contracts. 4. DEFINITIONS The following definitions apply in this instance: Special Leave: Exceptional leave that may be granted to an employee and may be paid or unpaid. Normally granted for specific purposes e.g. sabbaticals, domestic or personal issues, study, bereavement etc following discussion between the manager and member of staff. Annual leave: Paid time off granted to an employee, to be used for whatever an employee wishes. Bank and Public Holidays: National holidays granted by law. There is no automatic right to time off on bank holidays, however, most employers and trade unions will have negotiated at a national level that these days are additional to annual leave. 5 POLICY STATEMENTS Leave policy and procedure, v2.2, Aug 14 Page 4 of 30
This policy incorporates all Trust leave arrangement and Procedures. It is essential that Applications for all types of leave should be dealt with equitably, irrespective of an individual s race, colour, creed, nationality, age, social background, ethnic or national origin, gender, HIV status, marital status, sexual orientation, disability, religion or belief, Trade Union membership or non-membership. 6 DUTIES AND RESPONSIBLITIES Chief Executive The Chief Executive is ultimately responsible for ensuring that Trust Managers adhere to the policy. Director of Human Resources and Human Resources Staff The Director of Human Resources will ensure that this policy, is implemented effectively, and that managers and employees are made aware of this policy via the Trust Intranet (http://intranet/). The Director and Human Resources staff will also provide advice and support to Trust managers in the application of this policy. Trust Managers Trust managers should ensure that they adhere to and provide support to their staff in the implementation of this policy. Managers should ensure that the policy is disseminated to their staff and that staff are made aware of the processes to be followed as regards leave. Managers have a duty to ensure that all leave is recorded properly and records are kept. (Annual Leave request forms are maintained in each department/clinic and records are kept and monitored by the department/clinic Manager or other nominated person. Managers are responsible for considering all leave requests fairly while also considering the overall impact on the service. Managers should monitor and ensure that any leave requested and agreed, is taken in a pattern that does not impact adversely on service needs. Managers should seek advice from Human Resources as necessary, in the application of this policy. Employees Employees have a duty to read and familiarise themselves with this policy. Employees should ensure that all leave taken is authorised by their line manager. Employees should seek guidance on this policy from a member of Human resources if necessary. 7. Procedures Leave policy and procedure, v2.2, Aug 14 Page 5 of 30
7.1 Annual Leave and Public Holidays The annual leave year commences on the 1st April and ceases on the 31st March of the following year. Annual Leave should be taken at a time mutually convenient to both the member of staff and the needs of the service and must be agreed by the line manager prior to its commencement. All staff should be provided with the opportunity to take their full annual leave entitlement within the annual leave year. However in exceptional circumstances, such as due to operational needs, members of staff can carry over up to 5 days leave (pro rata for part-time staff) to the following leave year, with the approval of their manager. In exceptional circumstances, when the manager and member of staff agree, permission can be sought from the Director of the service, to carry forward more than 5 days into the following leave year. Advice and support from the Human Resources Department should also be sought in these circumstances. The final decision rests with the relevant service Director. However, in accordance with the Working Time Regulations all staff must have taken a minimum of 20 days annual leave (excluding bank holidays) in any leave year. The sickness absence and rehabilitation procedure gives guidance on how annual leave should be managed when a member of staff is absent due to ill health. Calculating Annual Leave Annual leave entitlement is based on each staff member s amount of aggregated NHS reckonable service. Any amount of NHS service, counts as reckonable service for the purpose of annual leave. Staff may be required to provide evidence of all relevant service. The annual leave entitlements for staff covered by Agenda for Change is outlined below: Length of service Annual leave On appointment 27 days + 8 days bank holiday 1 After 5 years service 29 days + 8 days bank holiday 1 The Bank and Public Holidays are normally defined as Christmas Day, Boxing Day, New Year s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, August Bank Holiday. When the usual date for a bank or public holiday falls on a Saturday or Sunday a substitute day is given. Leave policy and procedure, v2.2, Aug 14 Page 6 of 30
After 10 years service 33 days + 8 days bank holiday Entitlements for medical staff (not covered by agenda for change) are outlined below: Junior Doctors Grade Number of days Senior House Officers 25 Specialist Registrars 25 (30 if on or above 3 rd incremental point) Consultants Number of Years of Completed Service as a Consultant Year Up to Seven Years Seven Or More Years From 1 April 2005 Six weeks Six weeks + two days In addition Consultant are entitled to two statutory days, to be added to their annual leave entitlements. All leave is pro-rata for part time staff. When a member of staff reaches five, ten (AfC staff) or seven (medical staff only) years service, their increased entitlement starts immediately and is calculated on a pro rata basis for the remainder of that leave year. For new staff joining the Trust part way through a leave year their annual leave entitlement in the first year of employment will be on a pro rata basis. A member of staff who resigns and terminates their contract of employment is entitled to be paid for any annual leave accrued and not taken. Where annual leave taken exceeds the entitlement, an appropriate number of days will be deducted from final salary, except for death in service when no deductions will be made. 7.2 Sick Leave Staff are entitled to paid sick leave on commencing NHS employment. Occupational Sick pay (NHS sick pay provision) entitlement is accrued depending on continuous service with the NHS. Occupational sick pay is different from sick pay provided by the Leave policy and procedure, v2.2, Aug 14 Page 7 of 30
government, known as Statutory Sick pay (SSP), which is less than NHS sick pay. Please see below for details of staff s entitlements to occupational sick pay - Period of continuous service Period at Full Pay Period at Half Pay Up to 12 months 1 month 2 months Over 1 year and up to 2 years 2 months 2 months Over 2 years and up to 3 years 4 months 4 months Over 3 years and up to 5 years 5 months 5 months Over 5 years 6 months 6 months Sick Leave procedures Notification and Certification As soon as a member of staff knows that they will not be reporting for work, they must inform their immediate or more senior manager. The employee should inform their manager on a daily basis, unless he/she has provided a certificate stating the expected period of sickness absence. If a member of staff falls sick during annual leave, and produces a doctor s statement to that effect, he or she will be regarded as being on sick leave from the date of the statement. Certificates are not required for the first 3 days. A self-certificate (available on the Intranet) is required for between 4-7 days continuous sickness. Self-Certificates are kept by the department/clinic managers. A doctor s certificate (fit note) is required from the 8th day of sickness. Continuous sick leave includes weekends and days not normally worked. Detailed information on sick pay and sickness reporting is given in the Trust s Sickness Absence and Rehabilitation Policy available on the Trust Intranet. 7.3 Maternity Leave If you are pregnant, a variety of alternative courses of action are open to you in relation to your employment. The main decision you will have to take is whether or not you intend to return to work in the National Health Service after the birth of your baby. Before making any decision it is advisable to consider the alternatives available, and these guidance notes are issued to assist you to make that decision (please also see paternity leave section for shared leave rights). Once you have read these notes, please complete the maternity leave application form (Appendix 1) with the Human Resources Manager, give a copy to your line manager, and keep one for your record. Eligibility Leave policy and procedure, v2.2, Aug 14 Page 8 of 30
You are entitled to take up to 52 weeks maternity leave, regardless of your length of service. If you have less than 12 months continuous NHS service, please refer to section on employees with less than 12 month s continuous service. If you are working full-time or part-time you will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if: You have twelve months continuous service with one or more NHS employers at the beginning of the eleventh week before the expected week of childbirth; You notify Human Resources in writing before the end of the 15 th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable) of your intention to take maternity leave. You should provide a MATB1 form from your midwife or doctor giving the expected date of the childbirth and advise: - the date you wish to start your maternity leave - that you intend to return to work with this Trust or another NHS employer for a minimum period of three months after your maternity leave has ended. Changing the Maternity Leave Start Date If you subsequently wish to change the date when you wish your maternity leave to start, you should notify your line manager and Human Resources at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). Keeping in Touch Before going on leave, you should meet with your line manager to discuss and agree any voluntary arrangements for keeping in touch during your maternity leave, including: any voluntary arrangements that you may find helpful to help you keep in touch with developments at work and, nearer the time of your return, to help facilitate your return to work; keeping your line manager and Human Resources aware of any developments that may affect your intended date of return. In addition, you may, in agreement with your manager, do up to 10 days work during maternity leave, for which you will be paid. These Keeping in Touch days may be undertaken at any stage during maternity leave except during the first 2 weeks after the baby is born. Maternity Leave Pay If you intend to return to work, the amount of maternity pay you will receive is as follows: For the first eight weeks of absence, you will receive full pay, which includes any statutory maternity pay. For the next 18 weeks, you will receive half pay plus any Statutory Maternity Pay. Leave policy and procedure, v2.2, Aug 14 Page 9 of 30
For the next 13 weeks, you will receive Statutory Maternity Pay only. The remaining period, up to 13 weeks, will be unpaid. By prior agreement with the employer, this entitlement may be paid in a different way, for example a combination of full pay and half pay or a fixed amount spread equally over the maternity leave period. Commencement and Duration of Leave You may choose when to start your maternity leave, but this must not be earlier than the beginning of the 11 th week before the week the baby is due. If your baby is born before you intended to start your maternity leave, you must inform Human Resources as soon as possible, giving the date of birth, and, if you have not already done so, the MATB1 certificate showing when the baby was originally expected. Maternity leave is a single continuous period. It consists of up to 26 weeks of Ordinary Maternity Leave and up to 26 weeks of Additional Maternity Leave. If you are absent for pregnancy-related reasons after the beginning of the 4 th week before the expected week of childbirth, then maternity leave will start. The law requires that employees take a minimum of two weeks maternity leave immediately following the birth. Sickness Prior to Childbirth If you become sick with a pregnancy-related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the fourth week before the expected week of childbirth or the beginning of the next week after you last worked, whichever is the later. Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self certificate, shall be treated as sick leave in accordance with normal sick leave provisions. Odd days of pregnancy-related illness during this period may be disregarded if you wish to continue working until the maternity leave start date previously notified to the employer. Still Birth/Miscarriage Should you be unfortunate to have a still birth after 24 weeks of pregnancy you will be entitled to maternity leave/pay as if the baby had lived. You will need to provide a MATB1 certificate. If you have a miscarriage before the 25 th week of pregnancy, normal sick leave provisions will apply as necessary. Partners may also wish to consider other special leave that may be available to support them in these circumstances. Early arrivals Maternity leave and pay will commence on the first day of absence after the date of childbirth subject to receipt of a MATB1 form as evidence of the date of both the expected date of birth and the actual date of birth. This document should be submitted within 28 days after the date of birth, or as soon as reasonably practicable. Leave policy and procedure, v2.2, Aug 14 Page 10 of 30
With the agreement of the Trust, if your confinement occurred prior to your 11 weeks before the expected date of childbirth and your baby is in hospital, you may choose to split your maternity leave entitlement, taking a minimum period of two week immediately after childbirth and the rest of your leave following your baby s discharge from hospital. Return to work If you intend to return to work at the end of your full maternity leave you must agree your return to work date with your line manager who must then inform Human Resources and complete the necessary change form. You will need to give at least 28 days notice of your intention to return to work. You will not be required to give any further notification to the employer, if you have already informed Human Resources of the date of your return to work. However, if you wish to return early you must give at least 28 days notice. If you return to work after Ordinary Maternity Leave (i.e. the first 26 weeks) you are entitled to right to return to your job under your original contract and on no less favourable terms and conditions. The exception would be if a redundancy situation has arisen, in which case you are entitled to be offered a suitable alternative vacancy. If you return to work after Additional Maternity Leave, you are entitled to right to return to your job under your original contract and on no less favourable terms and conditions, unless there is a reason why it is not reasonably practicable for you to return to your original job. In this situation you will be offered a similar job on terms and conditions which are not less favourable than your original job. If you cannot return to work at the end of your maternity leave because you are ill, you should notify your department in accordance with the normal rules relating to sickness absence. If you decide not to return to work from maternity leave at all, you must give the Trust notice of your resignation in accordance with the terms of your employment contract. You will be liable to refund the whole of your maternity pay, less any Statutory Maternity Pay, received. Returning on Flexible Working Arrangements If at the end of maternity leave you wish to return to work on different hours, the Trust has a duty to facilitate this wherever possible, so that you can return to work on different hours in the same job. If this is not possible the Trust will provide written, objectively justifiable reasons for this and you should return to the same grade and work of a similar nature and status to that which you held prior to your maternity absence. If it is agreed that you will return to work on a flexible basis, including changed or reduced hours for an agreed temporary period, this will not affect your right to return to your job under your original contract at the end of the agreed period. Failure to return to work If you have notified the Trust of your intention to return to work for the same or a different NHS employer and fail to do so within 15 months of the beginning of your Leave policy and procedure, v2.2, Aug 14 Page 11 of 30
maternity leave, you will be liable to refund the whole of your maternity pay, less any Statutory Maternity Pay, received. Health and Safety of Employees Pre and Post Birth A risk assessment will be carried out on the working conditions of staff who are pregnant, have recently given birth, or who are breastfeeding. Staff in this category should contact the Trust s Health and Safety Manager in the Clinical Governance and Facilities Directorate, to make arrangements to have this done. If a member of staff notifies Human Resources that they are pregnant, have recently given birth, or are breastfeeding, Human Resources will request their consent to notify the Trust s Health and Safety, in order that a risk assessment can take place. The Trust will provide breast-feeding facilities convenient to the employee. Normally the medical room on the ground floor, when vacant, would be the most appropriate place. However, if the medical room is not available, staff should contact their line manager, to discuss the possibility of a room being found in their department. Fixed-Term Contracts or Training Contracts If you have a fixed-term or training contract which expires after the eleventh week before the expected week of childbirth, and you satisfy the conditions in 5.1, your contract will be extended so as to allow you to receive the 26 weeks paid contractual maternity leave set out in 5.4 above. Employees on fixed-term contracts who do not meet the twelve months continuous service condition set out in 5.1 above may still be entitled to Statutory Maternity Pay. Continuous Service Absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment does not constitute a break in service. Rotational Training Contracts If you are on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training, you will have the right to return to work in the same post or in the next planned post irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances your contract will be extended to enable you to complete the agreed programme of training. Contractual Rights During maternity leave (both paid and unpaid) you will retain all of your contractual rights except remuneration. Increments Maternity leave, whether paid or unpaid, shall count as service for annual increments and for the purposes of any service qualification period for additional annual leave. Leave policy and procedure, v2.2, Aug 14 Page 12 of 30
Accrual of Annual Leave Annual leave will continue to accrue during maternity leave, whether paid or unpaid, provided for by this agreement. Where possible, annual leave for the current annual leave year (up to 31 st March) should be taken prior to the commencement of maternity leave (paid and unpaid). Any annual leave to be carried over should be discussed and agreed between the employee and the employer. NHS Pension Scheme Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Superannuation Regulations. For further information, please contact the Pension Manager at U.C.L.H. NHS Trust, Tel. no. 020 3447 9547. Antenatal Care Pregnant employees have the right to reasonable paid time off for antenatal care which includes antenatal appointments and medical appointments related to the pregnancy. It is not necessary to book annual leave for antenatal appointments. Childcare Vouchers The Trust currently operates a salary sacrifice childcare voucher scheme. Further information can be obtained by contacting Human Resources. Career Breaks after maternity leave This Trust offers all women with two years continuous service the opportunity to take a career break of up to two years following full maternity leave (i.e. three years in total consisting of one year maternity leave and two years career break). In such cases, staff will not be required to work the three months period between the end of maternity leave and the beginning of the career break, but will be required to do so at the end should they decide not to return to the Trust. Employees not returning to NHS Employment If you satisfy the conditions for paid and unpaid maternity leave, except that you do not intend to work with the same or another NHS employer for a minimum period of three months after your maternity leave is ended, you will be entitled to pay equivalent to Statutory Maternity Pay, which is paid at 90% of your average weekly earnings for the first 6 weeks of your maternity leave and to a flat rate sum for the following 33 weeks. Employees with less than 12 months continuous service If you do not satisfy the conditions for contractual maternity pay you may still be entitled to Statutory Maternity Pay. Statutory Maternity Allowance will be paid regardless of whether you satisfy the conditions. If your earnings are too low for you to qualify for Statutory Maternity Pay or you do not qualify for another reason, you are advised to claim Maternity Allowance from your local Job Centre. A claim form (SMP1) is obtainable from payroll, telephone number 020 3447 9552. Leave policy and procedure, v2.2, Aug 14 Page 13 of 30
Employees who fall into this category will also qualify for an additional period of unpaid maternity leave. Together with the period paid by Maternity Allowance, this will be for a maximum period of 52 weeks. 7.4 Paternity Leave Employees who have at least 12 months continuous service with one or more NHS employers at the beginning of the week in which the baby is due, are entitled to 2 weeks full paid leave after the birth. The paternity pay will include statutory paternity pay. Fathers who have less than 12 months continuous service in the NHS are entitled to 2 weeks paternity leave, and can apply for statutory paternity pay. In either case, employees must provide their manager with a medical statement confirming the expected date of birth, i.e. copy of the MATB1 certificate, and give 21 days notice of the expected week of the child s birth. Paternity leave must be taken within 56 days of the birth of the child. Fathers may also take reasonable paid time off to attend ante-natal classes. This entitlement also applies to same-sex relationships and is defined as maternity support leave. Paternity pay and leave is available in both Maternity and adoption situations. Additional Paternity leave is also available to qualifying staff. Eligible employees may take up to 26 weeks' additional paternity leave within their child's first year (in addition to the two weeks paid paternity leave), provided that the mother has returned to work. The earliest that additional paternity leave can commence is 20 weeks after the date on which the child is born, additional paternity leave must be taken as a single block. The minimum period is two consecutive weeks and the maximum period is 26 weeks. In order to be eligible for additional paternity leave, an employee must satisfy each of the following criteria: The employee must be the father of the child or married to, the civil partner of, or the partner of, the child's mother, or married to, the civil partner of, or the partner of, the primary adopter, and, in the case of a birth child, expect to have the main responsibility for the upbringing of the child (apart from the mother's responsibility). The employee must have a minimum of 26 weeks' service, as at the end of the 15 th week before the week in which the child is due to be born or The employee must remain in continuous employment until the week before the first week of additional paternity leave. The mother of the child must be entitled to one or more of maternity leave, statutory maternity pay or maternity allowance. Additional Paternity Pay will be at the statutory rate of pay set by the Government (or 90% of the employee s average weekly earnings, whichever is lower), only up to the point where the child s mothers Statutory Maternity pay would have ended. An employee wishing to request additional paternity leave must give their manager eight weeks' written notice of the date on which he/she wishes to take the leave and end date. The request must be in writing and specify the expected birth date and Leave policy and procedure, v2.2, Aug 14 Page 14 of 30
the actual date of birth as well as the start date of the additional paternity leave and a written and signed declaration from the mother stating: their name, address and national insurance number; the date that the mother intends to return to work; that they are entitled to statutory maternity pay, maternity allowance or statutory adoption pay; the start date of their maternity or adoption pay period; confirmation that the employee satisfies the relationship eligibility conditions; that they consent to this Trust processing the information contained in the declaration form; and that the employee is to their knowledge the sole applicant for additional statutory paternity pay and, in the case of a birth child, also that the employee is to his/her knowledge the only person exercising the entitlement to additional paternity leave in respect of the child. The full details of the above eligibility criteria and application process are available by visiting www.gov.uk. 7.5 Adoption Leave The adoption of a child can be a long and complicated process for the prospective parents. They may have already waited months or even years before a child becomes available and must usually be ready to accept the child at very short notice. In order to qualify for adoption leave and pay, an employee must be newly matched with a child for adoption from an approved adoption agency. Adoption leave and pay is not available if there is an established relationship with the child, such as fostering prior to the adoption or when a step-parent is adopting a partner s child. The employee applying for adoption leave is entitled to take, regardless of their length of service, up to 52 weeks adoption leave. An employee has a statutory right to return to work following a period of adoption leave upon meeting certain requirements. An employee may be entitled to adoption pay during their adoption leave according to their length of service, intentions to return to work and National Insurance contributions. All employees who have been matched with a child, regardless of their length of service, are entitled to take 26 weeks ordinary adoption leave and 26 weeks additional adoption leave, therefore meaning that you can take a total of 52 weeks adoption leave. The earliest that you can start your adoption leave is 14 days before the expected date of placement and the latest date will be the date on which the child is placed with you for adoption. Leave policy and procedure, v2.2, Aug 14 Page 15 of 30
Adoption leave can start on any day of the week and only one period of adoption leave and pay is available irrespective of whether more than one child is placed for adoption as part of the same arrangement. As soon as you have been notified that you have been matched with a child by an adoption agency, you must let your manager know of this within 7 days and that you intend to take adoption leave. However, at this stage you do not need to give an intended start date for your adoption leave. If it is not reasonably practicable for you to give 7 days notice, you should do so as soon as possible. To apply to take the adoption leave from a particular date, employees should inform their manager in writing, giving at least 28 days notice, a letter of confirmation from the Adoption Agency or Social Services Department must also be provided. If subsequently you wish to change the start date of your adoption leave you are normally required to give at least 28 days notice, however if this is not possible, you should inform your manager as soon reasonably practicable beforehand. If both adoptive parents are employed by the Trust the period of adoption leave may be shared. One parent should be identified as the primary carer and be entitled to the majority of the adoption leave. Should the primary carer wish to return to work early before the end of their adoption leave, any remaining adoption leave may be assigned to the other adoptive parent. Adoption leave for both parents must run successively but not concurrently. The pattern of leave would need to be agreed jointly between the parents and their respective Departmental Managers. The needs of the service would normally require that any such application should be made prior to the commencement of adoption leave. If only one adoptive parent is employed by the Trust then one parent will be entitled to adoption leave and the other will be entitled to paternity leave (see paternity leave above). Statutory Adoption Pay (SAP) SAP is a weekly payment sponsored by the government, which is paid by the Trust through the payroll system. To qualify for SAP you must have had 26 weeks continuous service with the Trust at the beginning of the week in which you are notified of being newly matched with a child for adoption by an approved adoption agency. This is known as your Qualifying Week (QW). You will also be required to provide documentary evidence of your entitlement to Statutory Adoption Pay. You should ask your adoption agency for an Official Matching Certificate, which will include basic information on matching and expected placement dates. A copy of this form should be attached to your Adoption Leave Application form. If you do not qualify for the Trust s Occupational Adoption Pay but meet the above criteria or do not wish to return to work with the Trust or NHS after your adoption leave you will be entitled to receive SAP. Occupational Adoption Pay (OAP) Leave policy and procedure, v2.2, Aug 14 Page 16 of 30
Occupational Adoption Pay is paid by the Trust to staff who intend to return to work with the Trust after adoption leave or with another NHS employer for a minimum period of three months after the adoption leave has ended. In order to qualify for OAP employees must have completed 1 year s continuous service ending the week in which they are notified of being newly matched with a child for adoption from an approved adoption agency. Those employees who fulfil the service requirements will be entitled to the a similar payment to that available under maternity pay rights o o o o For the first eight weeks of absence, you will receive full pay, which includes any statutory Adoption pay. For the next 18 weeks, you will receive half pay plus any Statutory Adoption Pay. For the next 13 weeks, you will receive Statutory adoption pay only. The remaining period, up to 13 weeks, will be unpaid. By prior agreement with the employer, this entitlement may be paid in a different way, for example a combination of full pay and half pay or a fixed amount spread equally over the maternity leave period. 7.6 Parental Leave Parental Leave is available when parents need to take time off to look after a child or make arrangements for the child s welfare. Staff may take 18 weeks unpaid leave in total, per child, up until the child s 14 th birthday. This right also applies to employees who have acquired formal responsibility for a child e.g. guardians. For parents of adopted children, each parent can take a total of up to 18 weeks' parental leave. This can be until the fifth anniversary of their placement or until their 18th birthday, whichever comes first. Parents of a disabled child (must be in receipt of Disability Living Allowance) may take up to 18 weeks unpaid parental leave up until the child s 18 th birthday. Employees may not take parental leave in periods of less than one week or more than four weeks leave per child. However, Parents of disabled children are allowed greater flexibility. Eligible parents of a disabled child are entitled to take their leave a day at a time if necessary, however are restricted to a maximum of 4 weeks unpaid parental leave in total per year. The full unpaid parental leave entitlement is 18 weeks in total over an 18 year period. In all instances of unpaid parental leave, staff should give 21 day s notice and give dates when applying for leave, and must put it in writing to their line manager and Human Resources. Pension contributions cannot be made during periods of parental leave. Leave policy and procedure, v2.2, Aug 14 Page 17 of 30
Where both parents are employed by this Trust, each will be entitled to parental leave, but both employees may not take leave at the same time. Part time staff will be entitled to parental leave on a pro rata basis. In all instances, Human Resources must be notified in writing, for payroll purposes. 7.7 Unpaid Leave In instances where other types of leave may not be appropriate, Staff may apply to take unpaid leave. However, If a longer period of time is required, staff may consider taking a career break (please refer to career break - section 24). Staff wishing to take unpaid leave should make the request in writing to their manager and should meet with their manager to discuss the request. Unpaid leave has to be agreed by the manager having taken account of service needs, and if approved, the manager must inform Human Resources in writing, for payroll purposes. Pension contributions cannot be made for periods of unpaid leave. 7.8 Study Leave Staff may apply for paid study leave when they have been employed by the Trust for a minimum period of one year. Study leave is for a maximum of 10 working days and is to be used for undertaking study for exams or other work related studies, and all conferences. Staff should apply in writing for study leave to their director who will authorise applications provided he/she decides that the study leave time will be put to appropriate use, and that the service needs will be met during the individual s absence. 7.9 Time Off In Lieu / Overtime All staff in pay bands 1 to 7 will be eligible for overtime payments. There is a single harmonised rate of time-and a-half for all overtime, with the exception of work on general public holidays, which will be paid at double time. Part-time employees will receive payments for the additional hours at plain time rates until their hours exceed standard hours of 37½ hours a week. Working overtime can have an adverse effect on staff e.g. stress and should only occur in the most exceptional circumstances, normally to complete a one-off project or short piece of work. All overtime must be authorised by the employee s Manager. Overtime should be monitored through regular discussion between the member of staff and their manager. The single overtime rate will apply whenever excess hours are worked over full-time hours, unless time off in lieu is taken, provided the employee s line manager has agreed with the employee to this work being performed outside the standard hours. Staff may request to take time off in lieu as an alternative to overtime payments. However, staff who, for operational reasons, are unable to take time off in lieu within three months must be paid at the overtime rate. Leave policy and procedure, v2.2, Aug 14 Page 18 of 30
A record of time taken off in lieu should be kept on the individual s record card. Time off in lieu of overtime payments will be at plain time rates Any overtime must be agreed with the line manager before being worked. Senior staff paid in pay bands 8 or 9 will not be entitled to overtime payments. 7.10 Bereavement In the event of a bereavement of a close family member or dependant, staff are able to request compassionate/bereavement leave. Following discussion with their manager, paid time off may be granted of between one and up to six days, depending on the circumstances. If more time than this is required, the member of staff should discuss with their manager or Human Resources, other types of special leave that may be appropriate. If no other paid leave applies, then additional time required above this should be taken as annual leave or unpaid leave. The compassionate leave granted will include the time needed to attend the close relative s funeral. The compassionate leave granted per occasion, does not need to be taken as consecutive days. 7.11 Carers Leave The Trust recognises that it is important to support staff who have caring responsibilities, as from time to time, it may be necessary for staff to take time off when their usual cover arrangements break down. The Trust also understands that people can become a carer at any stage in their lives for a variety of reasons and may need help to balance any additional caring responsibilities that they may have. Wherever possible the Trust will aim to meet the individual needs of staff with regard to working hours and time off to address their caring responsibilities. However, service delivery and quality (including health and safety and legislative requirements) must not be compromised. The Trust s definition of a carer is a member of staff who has the main responsibility for looking after a child, partner, totally dependent relative or friend who either lives with them (as a member of the family, i.e. not a boarder) or who cannot manage in their own home without help because of their age, disability, illness or any other relevant factors. The Carers Leave process, allows Managers to grant up to 3 days paid leave per occasion, not exceeding a maximum of 10 working days per leave year. Examples of situations which may necessitate this leave being granted include:- Illness of a child/stepchild, close relative or friend. Breakdown of normal carer arrangements for children or dependants. At short notice The need to accompany a dependant or close relative to or from hospital To make arrangement of longer-term care for a dependant (dependants include elderly relatives) This list is not exhaustive and staff should discuss with their manager and Human Resources as required. Staff with longer-term caring responsibilities may wish to Leave policy and procedure, v2.2, Aug 14 Page 19 of 30
discuss working more flexibly with their Managers. See Flexible Working Policy for more information. 7.12 Personal and Domestic Emergency Leave One day s paid leave per year may be granted to staff in certain domestic situations. This leave covers an unforeseen incident, which results in damage, harm or loss and requires immediate action that prevents the employee from attending work on that day. Any additional time required should be taken as annual leave or unpaid leave. This leave does not apply to planned events such as domestic repairs, refurbishment, building or trades work, installation of appliances, home deliveries, gas, electricity or other tradesperson visits etc, nor is it permitted for medicals associated with private insurance or mortgages. Where possible, employees should try to arrange such visits outside of their normal working hours. Where this is not possible, the line manager may wish to grant such necessary time as annual or unpaid leave. The needs associated with this leave may include serious domestic emergencies/crises which must be resolved immediately by the employee in person, such as damage to property by fire, flood, storm, burglary etc. and situations which post a security risk to an employee s home if they are not resolved immediately. Minor household damage such as a leaking pipe or broken window does not qualify for domestic leave. 7.13 Leave for Religious Festivals and provision of prayer facilities Employees are entitled to request time off for religious holidays that are not public holidays, and such requests should not be unreasonably refused. This time must be taken off either as annual leave or as unpaid leave. In addition, employees are entitled to request time away from their duties for the purposes of prayer. Whilst it is not possible at present to dedicate a separate quiet room specifically for this purpose, the Medical Room may be used for prayer, on condition that any medical emergency that might arise would be considered a priority for that space. To apply for either of the above, staff should write to their clinic/department manager. The manager will take into account the needs of the department when considering the application, and keep a record of what is agreed. 7.14 Leave for Jury Service Where an employee is called for jury service he/she should contact his/her line manager to request time off from work. In requesting time off, an employee should provide a copy of the court summons. The employee will continue to be paid whilst on jury service at the normal rate of pay, however any court fees received, excluding allowances for travelling and subsistence must be reimbursed to the Trust. Leave policy and procedure, v2.2, Aug 14 Page 20 of 30
The employee when making the request must produce the notification document from the court. If employees report for jury service but are not called upon to serve on any particular day, they are expected to attend work on that day if it is reasonably practicable to do so in the time available. The Human Resources department will retain a copy of jury service leave request and accompanying documents. 7.15 Special Leave for Medical Purposes Staff should, wherever possible, arrange hospital, doctor and other medical appointments outside of working hours. This includes appointments associated with a disability or long term health condition (see introduction section 1). Where this is not possible, employees should try to arrange an appointment so as to cause as little inconvenience to the service as possible, for example, by arranging appointments at the start or finish of a working day. However, it is acknowledged that in some circumstances, this may not be possible. Special leave for medical purposes in such circumstances must be discussed with the Line Manager and payment for such periods will be most appropriate where it is clear that appointments have been made to create minimum time off work. Confirmation of times of hospital, doctor or other medical appointments should be produced in all cases for which special leave is requested. Individuals attending for cancer screening, and staff donating blood should normally be allowed time off with pay. Special leave for medical purposes should be restricted to a maximum of 6 appointments per year. If more are requested the line manager should contact Human Resources for advice. 7.16 Time Off for Public Duties Where an employee holds a public office or public position, reasonable unpaid time off work will be granted so that the employee can perform the duties associated with that position as well as to undertake training necessary, so that they can perform the duties of the public position. Time off granted will depends on the needs of the service. Where, however, the amount of time off that the employee requires for public duties becomes excessive, or begins to cause operational difficulties, managers have the right to refuse requests and the employee could choose to take time off out of his/her annual holiday entitlement for this purpose. When considering whether to grant time off, the Manager may take into consideration some or all of the following factors: how much time off is generally required for the performance of the office in question and how much time off is required for the performance of the particular duty on the particular occasion how much time off has already been granted to the employee for public duties Leave policy and procedure, v2.2, Aug 14 Page 21 of 30