CAREER BREAK POLICY AND PROCEDURE Prepared by:
Responsible Area: Approval Information:
Barry Lane
Date Approved: COMMITTEE:-
31 October 2007 Trust Board
Approved By:
Sign
__________________
Print Name __________________ Version No. Approved:
Two
Review Date:
December 2010
Reference to Standards for Better Health Domain
Example : Department of Health 2004 Standards for Better Health First domain Safety Fourth domain Patient focused Seventh domain Public Health Department of Health 2004
Core/Development standard
Example: Core Standard C4 C13B C24
Performance indicators
1. 2. 3.
(Key measure(s) to demonstrate policy, protocol or guideline is working (minimum 1, maximum 3)
KIRKLEES PRIMARY CARE TRUST
CAREER BREAK POLICY
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CAREER BREAK POLICY
1.
POLICY STATEMENT The purpose of this policy is to support staff to balance their home and work life and thus allow the Kirklees Primary Care Trust (PCT) in its efforts to recruit and retain staff. The PCTs understand that many staff have commitments outside of work and continually seek to provide a supportive environment that allows staff to achieve a healthy work/life balance which is consistent with the principles of Improving Working Lives (IWL).
1.1
Career Break Potential Reasons Career breaks allow staff to combine a career and a family, attracts good quality entrants and increase the return in investment made in staff training, experience and development. The PCT also has a maternity and paternity leave scheme therefore a career break would be available to staff who wish to take further unpaid leave to be with their children while they are very young but still return to work to a job at their previous grade at some time in the future. The scheme would also be available to assist staff who have caring responsibilities. The scheme may also be of interest to staff who wish to travel or study. Other reasons may also be considered and staff should discuss with their manager.
1.2
Aim of the Policy Career breaks are beneficial to the PCT in that they help to retain members of staff which we otherwise might have lost. The PCT wishes to show commitment and sense of value to those staff, rather than just hoping they might return to the PCT at some time in the future. The career break policy is also to reward staff loyalty to the PCT. Whilst there is guarantee that if the applicant returns to work within one year, the same job will be available, as far as is reasonably practicable, if the break is for longer than one year, the applicant may return to as similar a job as possible. Staff who take a career break are being given an opportunity to take unpaid leave on a long term basis to fulfill domestic and other commitments but with the guarantee of a job to return to in the future. The staff will be kept up to date on
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developments at the work place. An advantage of this policy for staff is that they can fulfill domestic commitments whilst knowing that they may return to work to a job carrying similar responsibilities/status to the one they left and retain their terms and conditions of employment and they will be able to concentrate on their domestic commitments during the period of their break. The policy is not to be used to enable a person to leave the PCT to work for another organisation. However, consideration will be given in exceptional circumstances to applications that involve paid work (e.g. charitable projects or casual work while travelling). 2
SUMMARY The PCT is committed to recruiting and retaining staff from a wide range of backgrounds and hopes this policy will assist and, that we do not:
2.1
Lose highly trained, skilled and experienced staff.
2.2
Suffer disruption to service provision due to recruitment or retention issues.
2.3
Fail to attract good quality applicants and maintain the flow of potential successors to posts.
3.
REVIEW OF POLICY This policy will be reviewed within 3 years of implementation.
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KIRKLEES PRIMARY CARE TRUST
CAREER BREAK PROCEDURE
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PROCEDURE/GUIDANCE FOR CAREER BREAK SCHEME
1.
ELIGIBILITY The scheme is open to all staff, male and female, with continuous service of at least 2 years service with the PCT or its former organisations. The policy provides leave on a long term basis and is not to be used for short term domestic problems for which the special leave policy would apply. Each individual application under the career break policy will be examined on its own merits, the criteria which will be used to determine whether an application is acceptable will be:
1.1.
The purpose of the application.
1.2.
The employee’s present post and whether the post would be able to be covered on a temporary basis in the postholder’s absence, taking into account service needs.
1.3.
The arrangements proposed by the postholder to keep up to date with developments in the service in conjunction with the manager concerned.
1.4.
The length of the break should balance the needs of the applicant with the needs of the service.
Applications should be made in writing to the manager of the department and notice periods should be clearly stated in an agreement between the employee and the employer. 2.
ORGANISATIONAL CHANGE If a reorganisation or organisational change occurred during the absence of an employee on a career break then they would be dealt with in the same way as any other staff affected by the change. This would include fully discussing the implications with the employee as soon as possible. If the member of staff is not contactable, for example travelling abroad, then they would be advised concerning their situation as soon as they can be contacted.
3.
TERMS AND CONDITIONS
3.1.
The break would be for a minimum of 3 months and a maximum of 2 years and the period applied for must be specified in the written application. The length of break would be applied for by the individual on the application form and this
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would be discussed fully between the individual, his/her manager and the human resources department. In exceptional circumstances the manager may decide to allow a break longer than 2 years and the reasons for this should be confirmed. 3.2.
The break would be on an unpaid basis.
3.3.
Breaks should be taken as one period of absence.
3.4.
There is a mutual obligation on both the manager and employee undertaking the break to keep in touch with each other and with the work place. Professional staff have to undertake professional development updates for registration purposes therefore this requirement needs to be determined when entering into this scheme. (Also see Section 3.19 regarding KSF).
3.5.
A period of absence on a career break shall not be regarded as a break in service with the PCT and therefore is covered for employment protection rights.
3.6.
The period of the break will not count towards reckonable NHS service and this will include entitlement for paid annual, sick and maternity leave or towards calculation of any future redundancy entitlement. Periods of paid employment with the PCT during the break will count as previous reckonable NHS service therefore pro-rata payments will apply for annual, sick, maternity or redundancy entitlements.
3.7.
Absence on a career break will have the following effect on entitlements to the employee’s terms and conditions of service.
3.8.
Annual Leave/Bank Holidays: The employee will be entitled to a proportionate amount of annual leave and bank holidays when worked up to the date of leaving and the entitlement to annual leave will recommence once the employee recommenced work permanently. Annual leave will not accrue during the employee’s absence on a career break but it will for the attendance at work or refresher/training courses and will be paid pro-rata to the hours worked or undertaking the refresher/training courses.
3.9.
Sick Leave The period of absence during the break will not accrue entitlement for sick leave although the period of employment before the break will count towards continuous service for the purposes of sick leave.
3.10. Maternity Leave The period of absence during the break will not accrue entitlement for maternity leave although the period of employment before the break will count towards 7
continuous service for the purposes of maternity leave. Employees who resign following a career break who have not completed 3 months paid employment (following maternity leave) will be required to repay any NHS maternity benefit as if they had resigned following maternity leave. Employees who become pregnant during their career break should note that maternity pay is based on the last 13 weeks earnings and therefore if there are no earnings no Maternity Pay would be paid by the PCT. Employees who become pregnant during their career break may choose to return to work if they wish. 3.11. NHS Pension Scheme Contributions to the NHS pension scheme will be suspended during the career break and will recommence on return to work. Therefore pension service/membership will not be in place during the career break. 3.12. Redundancy Rights The service which the employee has before commencement of the break will continue to contribute towards continuous service for the purpose of redundancy. However, during the break, the period of absence will not be classed as reckonable service for the purposes of redundancy and entitlement will only start to accrue again on recommencement at work on a permanent basis. Redundancy payments will be based on any periods of paid service with the PCTs. For example any periods of paid service during the career break (see section 3) or rate of pay immediately prior to the career break. 2.13. Lease Cars There are two alternatives: - The lease may be maintained during the absence on a career break. The payment however would increase as no business miles would be incurred. - If the lease car was relinquished before the end of the lease agreement then the financial penalty would need to be paid. 3.14. Excess Rent If an applicant for a career break is in receipt of excess rent then the period of eligibility for payment of excess rent will be adhered to although no excess rent will be paid during the period of the break.
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3.15. Excess Travel If an applicant for a career break is in receipt of excess travel, then the 4 year period of eligibility will be rigidly adhered to which may mean that if the employee is absent from work due to a career break scheme then obviously excess travel will not be paid but the period for excess travel will not be extended to take account of this break. 3.16. Protection of Earnings If an applicant for a career break is in receipt of protection of earnings then the period of eligibility for protection of earnings will be adhered to and the period of time for protection of earnings will be extended to take account of the break. 3.17. Mobile Telephone, Blackberry or Other IT Equipment Staff must return any telephone or other IT equipment previously issued by the PCT during a career break. 3.18. Arrangements to Return to Work A formal notice of return to work is required and this should be in writing to the appropriate manager at least 2 months if the break is less than 1 year and 3 months notice if the break is more than 1 year if the employee wishes to return to work in line with the agreement of the length of the break. Any exceptions to this must be jointly agreed. Any exceptions to the agreed return date must be jointly discussed and agreed between the manager and employee. The return to work is on a basis agreed between the employee and manager although it is recognised that most staff interested in a career break will have an expectation of returning to broadly similar duties on the equivalent salary point. 3.19. KSF Arrangements Staff on career break should be made aware that they will not be able to progress through a Gateway until they have returned to work and demonstrated the required knowledge and in some cases the job role may have changed slightly meaning that the KSF outline will require updating skills. The knowledge and skills will be those that apply to the post on their return, not at the time of the break commencing. The career break agreement should always include discussion about how the individual will keep themselves up-to-date. Upon their return a short term development action plan must be agreed and the gateway will be deferred until the individual is ready to undertake the review. This should be no more than 6 months after their return.
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3.20. Appeal Mechanism Staff on a career break shall have access to the PCTs normal grievance/appeals system but matters arising from the application of this agreement shall not be appealable beyond the PCT. 3.21. Other Options for Return to Work Other options which may be considered to enable staff to return to work but which would need to be agreed with the appropriate manager include: - flexibility of working hours - work place nursery - job share - part-time working The terms of the career break may be varied by agreement between the PCT and the member of staff. 4.
RESPONSIBILITIES
4.1.
The employee must be prepared to:
4.2.
Undertake paid professional training/clinical practice where this is a mandatory requirement to undertake this for maintaining registration with the appropriate professional body. Staff should seek advice from their professional body concerning this aspect when applying for a career break.
4.3.
Attend paid refresher courses or other regular training commitments as required (e.g. new legislation) during the break (except where the break is due to international travel - but see 3.2 above). This training must be at the convenience of both the employee and the manager.
4.4.
Undertake an annual re-commitment to the career break and its terms and conditions which must be confirmed in writing. The terms and conditions having been agreed with the manager prior to leaving.
4.5.
An employee will not be able to take up any other paid employment during the scheme. In extenuating circumstances application can be made via the manager for variation of this term e.g. bank nursing for updating purposes.
4.6.
The manager must also be prepared to:
4.7.
Actively consider requests for a career break.
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4.8.
Ensure 10 days paid work each year is provided for the employee and paid for at the rate for the grade of the post being covered.
4.9.
Ensure the employee is offered and attends regular paid refresher training courses where required under paragraphs above, the terms of which are to be negotiated and agreed between manager and employee.
4.10. Keep the employee informed of service changes and send regular information about the PCT and the department in which the employee works. (Only if this is possible does this condition apply e.g. if employee travelling overseas then it may not be practicable). 4.11. Ensure the employee undertakes an annual re-commitment to the career break and its terms and conditions. 5.
APPEALS Applicants should be entitled to a written reason for the refusal of any application. Applicants may resort to the Grievance Procedure is a request for a break is refused.
6.
CHECKLIST Attached is a suggested checklist for managers to use when discussing with staff a career break application. Managers are reminded to make any other file records, as needed to ensure that all agreements requested are clear and are available to other managers if the future if needed.
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APPLICATION FOR A CAREER BREAK 1.
DETAILS OF CURRENT POST
POSTHOLDER ………………………………………………..
TITLE OF POST ……………………………………………….
DEPARTMENT ………………………………………………..
LINE MANAGER ………………………………………………
2.
REASON FOR CAREER BREAK REQUEST
3.
LENGTH OF REQUEST FOR CAREER BREAK
4.
PROPOSALS AS TO HOW POST WILL BE COVERED ON A TEMPORARY BASIS
5.
ARRANGEMENTS PROPOSED TO KEEP UP TO DATE WITH MANAGER
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6.
PROPOSAL OF HOW NEEDS OF SERVICE WILL BE MET
I confirm that I have read and agree to abide by the Career Break Policy procedures and guidance. SIGNATURE OF POSTHOLDER ……………………………………………….
DATED ………………………………………………..
I confirm that I have discussed this request with the member of staff - I support this application for a career break from:Date from: Return to work date:
SIGNATURE OF MANAGER ………………………………………………….
DATE ………………………………………….
I do not support this application for the above career break for the following reasons:SIGNATURE OF MANAGER ………………………………………………………
DATE ………………………………………………
………………………………………………………………….. SIGNATURE OF MANAGER
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CAREER BREAK POLICY AND PROCEDURE - TERMS AND CONDITIONS CHECKLIST FOR MANAGERS TO DISCUSS WITH STAFF CONCERNING A CAREER BREAK APPLICATION
ISSUE:………………………………………. DATE DISCUSSED: ……………………….. AND AGREED: ………………………………………
1.
Annual Leave Entitlement
2.
Maternity Pay (if applicable)
3.
Position concerning employment Continuity and NHS Service
4.
NHS Membership Scheme and Membership
5.
Arrangements made for return to work and notice periods
6.
Arrangements made to keep in touch during the career break
7.
Arrangements made for salary progression including KSF / Development requirements
8.
Any other applicable terms and conditions agreed (specify)
Signature of Manager:………………………………………………………… Signature of Employee:………………………………………………………..
Date:……………………………………………………………………………….
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