POLICY AND GUIDANCE ANNUAL LEAVE FOR POLICE STAFF Procedure Reference Number: 2011/23 Approved: Name Date Author: Susan Smith HR Business Partner Produced: 6 June 2011 Review due: 6 June 2012. Review approved: (For reviewed procedures only) Name Date 1
Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Procedure Aim/Purpose/Scope... 3 2. Guidance... 3 2.1 Annual Leave Entitlement 3 2.2 Application Procedure 4 2.3 National Holidays (Bank Holidays) 5 2.4 Leave for Sporting Events 5 2.5 Parental Leave 5 2.6 Maternity and Adoption Support Leave 6 2.7 Time off for Dependents 7 2.8 Carers Leave 7 2.9 Leave for IVF Treatment 8 2.10 Leave for Training 8 2.11 Annual Leave and Sickness 8 2.12 Leave for Medical Appointments 8 2.13 Unauthorised Leave 9 2.14 Leave for Jury/Court Service 9 2.15 Time off for interviews 9 2.16 Unpaid Leave 10 2.17 Armed Forces Reservists and Volunteer Reserves Leave 10 2.18 Special Constabulary Supported Leave 10 2.19 Time off for Religious Observance 11 2.20 Leave for Gender Reassignment 11 3. Responsibilities... 11 4. Appeals... 11 5. Compliance... 12 2
Procedure Aim/Purpose/Scope 1.1 To inform police staff of their legislative and contractual rights to annual leave and public holiday leave under the Working Time Regulations 2007 (as amended) and local agreements. Leave is provided to ensure that all police staff have an extended period of leisure time during which they can take a break from work and relax. 1.2 To clarify the variety of leave arrangements that exist within the Constabulary in order that staff and managers, have and deal with leave applications applied consistently and fairly. 2 Guidance 2.1 Annual Leave Entitlement Click Here to Return to Index 2.1.1 Annual leave entitlement is based on grade, length of service and contractual hours. For police staff who work less than full time hours (equivalent to 37 hours per week) annual leave will be calculated on a pro-rata basis. (See attached for details). F:\policy\Leave Staff\ Appendix 1. Police Sta 2.1.2 An individual s annual leave entitlement is contained within the contract of employment (statement of particulars). 2.1.3 All annual leave should be taken with the approval of Line Management/Duty Planners in advance of execution. 2.1.4 All annual leave should be taken in blocks of whole or half days. (7.40 or 3.69 decimal) 2.1.5 Police Staff working variable shift patterns should take annual leave in the equivalent number of hours to match their shift pattern. For example; 4.50 hours for a half day annual leave on a ten hour shift. 2.1.6 Police Staff who transfer from another service that is covered within the Modification Order Body may count their previous service towards their long service entitlement to annual leave in accordance with the Police Staff Pay and Conditions of Service. 2.1.7 Police staff that leave employment during the leave year are entitled to leave proportionate to the number of completed months of service during the year. However a member of staff terminating their service should be encouraged to take any leave due before they depart. (If necessary the termination date notified to payroll can be extended by the appropriate number of days) 3
2.1.8 Should a member of staff die, any leave excess above entitlement will be disregarded. Where leave is outstanding, including any authorised carry forward at the time of death, a payment in lieu will be made for the remaining entitlement. 2.1.9 Annual leave will be accrued during periods of sickness absence regardless of how long the sickness absence lasts. 2.1.10 Police Staff may request to carry forward up to 5 days annual leave from one leave year to the next. 2.2 Application Procedures for Leave 2.2.1 The annual leave year commences 1 st April and ends on 31 st March the following year. 2.2.2 Requests for all leave must be made within a reasonable time period to allow for planning of organisational and departmental requirements. (it is desirable that a minimum of twice the length of the intended leave period, e.g. 2 weeks notice for one week of leave) 2.2.3 All leave must be made on the appropriate Form 17a and approved by the Line Manager/ Duty Planners prior to execution. 2.2.4 Line Managers/Duty Planners must maintain accurate records of all leave requested and executed. 2.2.5 Police Staff are advised not to book holidays prior to authorisation of their annual leave in order to avoid disappointment if leave cannot be granted. Cheshire Constabulary will not reimburse any individual should annual leave not be approved. 2.2.6 Managers/Duty Planners should ensure that a fair process is in operation for granting leave at peak holiday periods and during higher periods of demand. 2.2.7 Line Managers/Duty Planners may on occasions decline annual leave applications where departmental and organisational impact is significant and will confirm in writing and in good time, reasons for annual leave refusal to the member of staff. Line Managers/Duty Planners will attempt to agree an acceptable alternative with the individual concerned. 2.2.8 Where a member of staff transfers from one departmental business area to another and have had annual leave authorised, this annual leave will be honoured. A member of staff should make any new department aware of pre-booked leave at the earliest opportunity. 4
2.2.9 Line Managers/Duty Planners when considering an application for annual leave will take into consideration the number of staff available to continue with business as usual. 2.2.10 Flexi /Time off In Lieu/CTO is calculated on a plain time for time basis and should be appropriately managed and approved by Line Managers/Duty Planners prior to execution. 2.3 National Holidays ( Bank Holidays) 2.3.1 All police staff are entitled to paid leave for 8 General/National Holidays, otherwise referred to as Bank Holidays as per their Statement of Particulars. 2.3.2 Part-time staff will have a pro-rata entitlement to National Holidays. 2.3.3 Where a member of Police Staff is required to work on a Bank Holiday as part of their rostered week they will, in addition to normal pay for the day, be entitled to a payment at single time plus time off in lieu for the hours worked. 2.2.1 Where a Bank Holiday falls on a Rest Day, the Rest Day will be reallocated. 2.2.2 Where a member of police staff is entitled to paid leave on a designated Bank Holiday and they do not work a shift rota, they will not automatically be entitled to work the day for an alternative day off. 2.4 Leave for Sporting Events 2.4.1 Leave for Police Sport UK Competitive events must be approved by the Area Commander / Departmental Head. 2.4.2 Leave will be granted on a 50/50 basis to Police Staff representing the Constabulary at recognised Police Sport UK competitive events with the appropriate authorisation. 2.4.3 No other paid leave will be granted for any other sporting event other than Police Sport UK. 2.5 Parental Leave 2.5.1 Police Staff, including same sex or civil partners who satisfy the eligibility criteria are entitled to be absent from work on unpaid parental leave for the purpose of caring for a child for a statutory entitlement period of up to 18 weeks for each child born upto the child s 5 th birthday (or until the child s 18 th birthday if your child is disabled). 2.5.2 The member of staff must have at least 1 year continuous service with the Constabulary and be:- 5
The mother of the child (including non-birth mothers if she appears on the Birth Certificate) The father of the child if he was married to the mother at the time of the child s birth or he appears on the birth certificate. The father (if not covered above), if he has acquired parental responsibility under the Children Act 1989. (The Father can acquire parental responsibility by marring the child s mother, by Court Order or by legal agreement with the mother) A testamentary guardian appointment under Section 5 of the Children s Act 1989 Adoptive parent 2.5.3 The Constabulary will allow any parental leave not taken before the child s 5 th birthday to be taken prior to the child s 12 th birthday. 2.5.4 In the case of an adopted child the statutory entitlement is for 18 weeks unpaid leave from the date of placement (not adoption order). 2.5.5 All requests for parental leave must be made in writing to their Manager at least 28 days prior to the start date of the parental leave, stating the start and end date. Where an individual is eligible for Parental Leave with more than one child and wishes to take leave back to back, one weeks notice for each week of leave should be given in writing. E.g. 6 weeks notice for 6 weeks of leave. Initial evidence to support the request will be required to support eligibility. E.g. birth certificate, disability living allowance etc. 2.5.6 Police Staff must take Parental Leave in blocks or multiples of one week, should leave not be taken in a one week block it will still be deducted as a weeks Parental Leave. 2.5.7 A maximum of 4 weeks Parental Leave for each child in any one financial year beginning on the date when the staff member becomes eligible. 2.5.8 Parents of a disabled child, who are in receipt of disability living allowance on behalf of the child, may take Parental Leave in blocks or multiples of single days. 2.5.9 Parental Leave can be added to the end of Maternity Support and Maternity Leave. 2.5.10 Leave taken as Parental is unpaid but will be reckonable for incremental pay and leave purposes and will count as continuous service. Police Staff who are members of the Local Government Pension Scheme there is no necessity to pay back any contributions as during periods of no pay due to Parental Leave membership benefits are protected. 2.6 Maternity and Adoption Support Leave 2.6.1 Police staff who have 26 weeks continuous service by either the 15 th week before their partner s (including same sex partners) baby is due, or by the end of the week 6
in which a couple are matched for adoption are eligible for up to 10 days paid leave. This will consist of 5 days full pay and 5 days Statutory Paternity Pay (equivalent to lower rate Statutory Maternity Pay). 2.6.2 Reasonable notice must be given to the manager of the need for Maternity Support/Adoption leave and will be subject to the exigencies of service. 2.6.3 Leave if agreed can start at any time following the child s birth (Maternity Support Leave) or placement (Adoption Support Leave), but must be completed within 56 days of the birth or placement. 2.6.4 If a child is born early, Maternity Support Leave must be completed within the period from the actual date of birth upto 56 days after the first day of the week in which the birth was expected. 2.7 Compassionate leave / Time Off For Dependents 2.7.1 The Constabulary has a duty of care towards all its members and is therefore committed to providing support to all Police staff where possible. 2.7.2 To assist Police Staff during difficult times such as dealing with the death or acute illness of a family member or close relative, or emergency circumstances the Constabulary offers up to a maximum equivalent of six days paid leave per leave year (pro-rata for part time staff) either as Time off for Dependents, Compassionate leave, or a combination of both. Further details on each of these can be found below. 2.7.3 Time off for dependants all Police Staff are eligible to apply for Time Off for Dependents which provides them with reasonable time away from normal duty in order to provide short-term assistance to a dependent in emergency circumstances. A dependant includes a spouse, civil and same sex partners, child, parent or someone who lives in the same house as the member, otherwise than by reason of being his / her employee, tenant or lodger who reasonably relies on the member to make arrangements for the provision of care. Please note, domestic situations that do not involve a dependant e.g. broken down car, heating broken, bad weather (except in cases resulting in school closures) etc are not included and alternative forms of leave should be taken. 2.7.4 Compassionate leave all Police Staff may be given a reasonable amount of time away from normal duty as Compassionate Leave following a bereavement of a family member, an acute illness or injury involving a loved one. 2.7.5 To apply for either or a combination of the above Police Staff should discuss the circumstances and duration for the requested leave with their line manager in the first instance. The line manager, where possible, will authorise the time off (initially as annual leave) however all final decisions on whether this will be considered as compassionate or time off for dependents leave will be made after the event by the relevant Inspector or Police Staff equivalent for that area/department. 7
2.7.6 Where the equivalent of six days leave is insufficient, alternative forms of leave such as unpaid leave, annual leave or parental leave may be awarded. The individuals should discuss this with their line manager in the first instance however all final decisions will be made by the relevant Inspector or Police Staff equivalent for that area/department. This should be recorded appropriately. 2.7.7 To ensure consistency and fairness, all line managers, Inspectors (or Police Staff equivalent) and the Resource Management Team should monitor the provision of Time off for Dependants and Compassionate Leave and raise any concerns with the relevant HR contact. 2.8 Carers Leave 2.8.1 The Constabulary recognises that some staff have long term caring responsibilities and that their needs may exceed the provision outlined above. Some of their needs for time away from work will not be deemed as emergency ( e.g. planned medical appointment) Therefore Managers may wish to consider and discuss other provisions:- Parental Leave ( as detailed previous page) Flexible Working Compressed Hours Job-Share Annual Leave 2.8.2 The Constabulary and Managers will attempt to meet individual requests wherever possible, however staff must accept that in all cases the operational needs of the business must be considered. 2.9 Leave for IVF Treatment 2.9.1 The Constabulary aims to fully support staff (including civil and same sex partners) undergoing this treatment therefore a total of 5 days paid leave in any leave year may be requested for the purpose of receiving and recovering from fertility treatment. ( pro-rata for part-time staff) 2.9.2 All requests for IVF Leave must be made to the Manager in advance and recorded on the annual leave record. 2.10 Leave for Training 2.10.1 Police staff completing study, funded through the Constabulary Study Scheme Procedure should follow guidance regarding study and exam time within the procedure and formalise the agreement with the Line Manager. 2.10.2 Police staff wishing to undertake study or training for personal development not commissioned, funded or within the scope of a signed agreement in the Constabulary Study Scheme should apply for annual leave for this purpose via the Line Manager. 8
2.11 Annual Leave and Sickness 2.11.1 Annual leave will be accrued during periods of sickness absence regardless of how long the sickness absence lasts. 2.11.2 Police Staff are entitled to take statutory leave whilst off sick and should notify their Line Manager as soon as reasonably possible that they wish to take annual leave. Records will be updated accordingly. 2.11.3 Police Staff who fall sick prior to or during periods of annual leave must notify their Manager as soon as reasonably possible in line with sickness reporting procedures in order that any claim to convert annual leave to sick leave can be considered accordingly. (Refer to Sickness Absence Policy) 2.12 Leave for Medical Appointments 2.12.1 Police Staff are expected to arrange doctors, dentist, and optician appointments within their own time, using annual leave, time off in lieu or flexi time etc. This will also include appointments funded by the Force under the Fast Track Funding. 2.12.2 Police Staff expected to attend a hospital, specialist or emergency doctor/dentist appointment during normal working hours will be given time to attend the appointment. 2.12.3 Police Staff expected to attend an Occupational Health appointment will be given time to attend the appointment. If an appointment is scheduled for a time when the member of staff is not in work due to sickness absence they will be expected to attend in their own time. No recompense will be given for the time. 2.12.4 Police Staff will not ordinarily be expected to attend an Occupational Health appointment when on rest day, however if necessary the time will be recompensed in hours (minimum of 4 hours) and appropriate travel expenses. There is no entitlement to additional pay or time. 2.13 Unauthorised Leave 2.13.1 Police Staff are expected to access appropriate leave arrangements in advance of absence, exceptionally when this does not happen the occurrence should be managed and recorded as potential unauthorised absence. 2.13.2 Managers must notify the relevant HR Advisor as soon as practicably possible verbally or by email in order to support the Manager and/or determine if the absence is unauthorised. 2.13.3 Where absence is found to be unauthorised, the managing performance procedure will be invoked and followed. 9
2.14 Leave for Jury /Court Service 2.14.1 Police Staff will be granted paid time off when summoned for Jury Service. 2.14.2 Upon receipt of the summons, Police Staff will inform their Line Manager and discuss arrangements for their work over the period of absence. 2.14.3 Managers cannot prevent staff from attending Jury Service and will facilitate the arrangements to attend. Shift workers should be rostered for day shifts during the jury period and should not be disadvantaged as a result of attendance. 2.14.4 Where a member of Police Staff is not required for a full day by the Court they should return to work. Police Staff must agree with their Line Manager in advance any period of time that they are not able to return to the workplace and the reasons why. 2.14.5 Police Staff required to attend court as part of their duties or as a witness will be granted leave for the duration their attendance is required. Individuals attending court as plaintiff or respondent will do so in their own time. 2.15 Time off for Interview 2.15.1 Area Commanders/Department Heads may agree to additional paid leave for a member of Police Staff to attend for interview within the Cheshire Constabulary or another police organisation. 2.15.2 Police Staff employed by the Constabulary and are either at risk of redundancy or who are working within their notice period are entitled to reasonable paid time off to:- Look for another job Arrange training to help find another job Further information can be accessed in the Redundancy Procedure. 2.16 Unpaid Leave 2.16.1 Area Commanders/Heads of Department may grant up to 6 months unpaid leave in any leave year. Applications should be made in writing giving reasonable notice to consider the request in relation to operational and business continuity plans. 2.17 Armed Forces Reserves and Volunteer Reserves - Leave 2.17.1 Police Staff who have completed their probationary period may apply for paid special leave reckonable for pay and pension purposes of upto 10 days in any one leave year. The leave will require a 50% contribution from the individual s own time. 10
2.18 Special Constabulary Supported Leave 2.18.1 Police staff who are Special Constables are entitled to an additional 8 hours per month paid leave to carry out Special Constabulary duties and training. The hours can only be claimed when, but for the Special Constabulary duties the member of staff would be required to work in their normal role and they have carried out the minimum 17 hours volunteering duties per month the previous month. (Full details can be found in the attached document. F:\policy\Leave Staff\ Appendix 2- Special C 2.19 Time off for Religious Observance 2.19.1 Line Managers will consider requests for religious observance leave bearing in mind the Working Time Directives and the exigencies of the service. 2.19.2 Time off for religious observance can and should be planned in advance in accordance with the Constabulary s flexible working options, using options of shorter meal breaks or earlier / later start times. 2.19.3 Police Staff will give reasonable notice to Line Managers where time off for religious observance is required. 2. 20 Leave for Gender Reassignment 2.20.1 Gender Reassignment treatment and surgery will vary greatly between individuals and Managers will show flexibility and support during this time. 2.20.2 Individuals should discuss appointment times in advance with their Manager as time off to attend doctors or medical appointments which last for part of a working day will be paid and the dates and times recorded accordingly. 2.20.3 Time away from work for surgery and recovery will be recorded as sickness absence. Click Here to Return to Index 11
3 Responsibilities 3.1 Cheshire Constabulary recognises that members of police staff should be given paid leave every year; 3.2 Members of police staff should have the opportunity to take leave to which they are entitled; 3.3 Line Managers /Duty Planners must ensure that staff members are able to take their leave entitlement, ensuring that individual workloads do not prevent this. They should ensure that leave is fairly applied in their area/department, maintaining appropriate staffing levels and taking into account the operational needs of the department/force. 3.4 Members of police staff, through this procedure should ensure that they adhere to the force standards of professional behaviour and comply with the methods set out in this procedure. 3.5 The Director of Human Resources will ensure that the Constabulary leave procedure is reviewed and updated in accordance with legal or contractual changes. 4 Appeals Click Here to Return to Index 4.1 Where leave is declined by a Line Manager / Duty Planner the member of police staff should lodge their appeal in writing to the person making the decision as soon as reasonably practicable but within 10 days of notification of the decision. 4.2 The correspondence should clearly state the reason for the appeal and include further relevant information necessary to inform the decision making process. 4.3 If no resolution is reached, the final appeal should be referred to the next managerial level. 5 Compliance Click Here to Return to Index I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance. In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered. 12
Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values. I do/do not agree that this document is appropriate for disclosure to the public. Signed:.. (author) Date:. 13
Equality and Diversity Impact Assessment part 1 Potential Impact X Does the procedure involve any of the following? (tick as appropriate) If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually. High - Exercise of statutory powers? - Dealing with or providing services to the public? - Recruitment & selection, transfer or redundancy processes? - Training opportunities or career development schemes? X - Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc) - Any other high risks not detailed? If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years. Medium - Dealing with the public, but not involving the exercise of statutory powers? - Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc) - Any other medium risks not detailed? If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years. Low - Administration processes? - Any other low risks? Equality and Diversity Impact Assessment part 2 Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender, Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below: 1.Does this activity present an opportunity for improving equality outcomes for any of the protected characteristics? If so, how? Explicit references made to protected characteristics. ( Gender, Maternity ) 2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? 14
3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? Equality Act 2010 Internal procedures and documentation. Equality Act 2010, Employment Rights Act 1996 ( statement of particulars) Work and Families Act 2006 ( flexibility, leave related to birth and adoption) Data on leave is collected and maintained on DMS, Scales, Records, NSPIS and Personal leave Cards. Grievance information is also monitored in relation to leave. NA The procedure was circulated internally to the established list of contacts and consulted upon using the recognised Force Staff and Leadership Policy Group. Yes following consultation via the established list of contacts, Unison and Federation. Yes to the established list of contacts, Unison and Federation. Date Impact Assessment completed: 11.11.11 15