HRPOL17
Special Leave Policy and Procedure
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Version:
V6
Ratified by:
People and Culture Steering Group
Date ratified:
16/04/2024
Job Title of author: Reviewed by Committee or Expert Group
Director, People Partnering Staff Partnership Forum and SPF Policy SubCommittee
Equality Impact Assessed by:
Director, People Partnering
Related procedural documents
HRPOL14 Disciplinary Policy HRPOL15 Grievance Policy HRPOL16 Flexible Working Policy HRPOL19 Organisational Change Policy HRPOL24 Annual Leave Policy HRPOL31 Attendance Management Policy HRPOL41 Parental Leave Policy HRPOL42 Staff Volunteering Policy HRPOL41 Parental Leave Policy HRPOL50 Carers Leave Policy
Review date:
16 April 2027
It is the responsibility of users to ensure that you are using the most up to date document template – i.e. obtained via the intranet In developing/reviewing this policy Provide Community has had regard to the principles of the NHS Constitution
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Version Control Sheet
Version V1 V2
Date October 2013 August 2016
Author HR Manager Head of HR
V3
January 2018
Ratified by HR Business Agreed by SPF FRC Partner 01.05.2018 31.05.2018
V4
V5 V6
Status Ratified Ratified
April 2019
HR Business Partner
June 2023
HR Business Ratified Partner
March 2024
Lead People Ratified Partner
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Comment New
Amendments for Child Bereavement Leave and Additional Support for Carers
Legal change on 1st April 2024 (see Section 8)
Contents Page
1.
Introduction
5
2.
Purpose
5
3.
Definitions
5
4.
Duties
6
5.
Special Leave Arrangements for colleagues
8
6.
Emergency Carers Leave
10
7.
Additional Support for Carers
11
8.
Carers Leave
12
9.
Compassionate Leave
13
10.
Child Bereavement Leave
13
11.
Emergency Leave – Urgent Domestic Situations
14
12.
Civic and Public Duties
14
13.
Employment Break
17
14.
Fertility Treatment
18
15.
Cosmetic Surgery
18
16.
Gender Reassignment
19
17.
Religious Observance
19
18.
Unpaid Leave
20
19.
Health / Medical Leave
20
20.
Senior Manager Review
20
21.
Monitoring
20
Appendix 1: Special Leave Recording Form
21
Equality Impact Assessment Template: Stage 1
24
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1.
Introduction
1.1
Provide aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.
1.2
Promoting work life balance is integral to the organisation’s approach to improving the working lives of employees. Provide is committed to offering employees flexible, modern employment practices which enable employees to achieve a balance between home and work life.
2.
Purpose
2.1
This policy applies to all Provide Group employees, including: • • • •
Part-time, full-time, permanent and those on fixed-term contracts Medical Staffing Apprentices Employees who are within their probationary period
2.2
This policy does not apply to casual workers on bank contracts (eg Workforce Solutions), contractors or agency workers.
3.
Definitions
3.1
Provide is committed to supporting colleagues to balance their work and personal responsibilities. It recognises that there will be times when colleagues may need leave from work for domestic, personal or family reasons. In addition, the organisation recognises that their employees can be the primary carer for a dependent and sets out increased provisions for these employees in accordance with the Carers Leave Policy. The Special Leave Policy sets out the range of provisions in place to support employees on those occasions, enabling them to achieve a work-life balance.
3.2
Provide encourages all its employees to maximise their attendance at work and, while the organisation understands that there may be some absence among employees, it must also pay due regard to its business needs, primarily the provision of services.
3.3
Therefore, the organisation aims to achieve a reasonable balance between service delivery requirements and the genuine needs of employees to be absent from work because of family, domestic or other reasons (including time off allowed by law as set out below).
3.4
For clarity, the definition of a ‘dependent’ for the purpose of Carers Leave is anyone who relies on the employee for care. For the purpose of all other leave covered by this policy, the definition of a ‘dependent’ is: • •
the partner, child or parent of the employee, or someone who lives with the employee as part of their family. Page 5 of 24
Other than Carers Leave, the definition does not include tenants or boarders living in the family home, or someone who lives in the household as an employee. 3.5
In cases of illness, injury or where care arrangements break down, a dependent may also be someone who reasonably relies on the employee for assistance.
4.
Duties
4.1
Employees Employees are expected to: • •
• •
• •
attend work in accordance with their contracted working hours and fulfil their contract of employment. organise their personal life around their working commitments, so as not to affect their job, however, should circumstances occur, which impact on the employee’s ability to meet the criteria under point 5.1, then they must report this to their manager at the earliest opportunity. make direct contact with their manager to request Special Leave at the earliest opportunity. provide clear and accurate information on the reason for their absence and their request for Special Leave, and the likely duration of the absence. Only in exceptional situations would any delay in contacting the manager be acceptable. Employees who fail to notify their manager will be unable to be considered for Special Leave and their absence may be investigated under the Disciplinary Policy. keep in contact with their manager, update them on their personal situation and discuss when they are able to return to work. co-operate with their manager when deciding how to manage time off, given the principal requirement to balance service needs and the needs of the individual.
There is a joint responsibility for managers and employees to gain explicit consent before sharing reasons for absence under this policy with an employee’s colleagues. 4.2
Managers Managers are responsible for raising awareness of this policy within their own business units and for highlighting changes to their teams at meetings. In addition, they are expected to: • • • •
ensure employees are made aware of the provisions within this policy and explain them to new employees as part of the local induction. ensure the policy is applied consistently across their team. consider employees’ requests for time off, taking into account the impact on the performance of the individual employee and that of their team and service. where appropriate, release employees from their duties to deal with an emergency situation, and to then discuss with the employee, the type of leave that is granted and whether this is paid or unpaid leave.
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• • •
• • • •
4.3
consider the organisation’s statutory obligations, as set out in this and related policies referred to in Table 1 – Statutory Provisions. monitor their team’s attendance and raise any concerns with individual employees. remember that in many of the circumstances under this policy they will need to keep the information provided to them in strictest confidence, and the reason for the employee’s absence will be disclosed only on a “need to know” basis and in consultation with the employee. remain in contact with the employee during their absence from work. notify Payroll of any unpaid leave promptly, to avoid any unnecessary overpayments. ensure the employee completes Appendix 1 for all occasions of special leave. Managers should then forward the completed form to HR and enter the leave dates onto ESR, as appropriate. consider employees’ requests in a timely manner and as soon as reasonably possible.
All Executive Directors, Chief Officers and Directors All Executive Directors, Chief Officers and Directors are responsible for ensuring that this policy is appropriately consulted upon and that all resource implications are highlighted and funding identified. They will ensure that their Senior Managers are informed of the progress. The Group Chief People Officer is accountable to the Group Chief Executive and the Provide Group Board for ensuring this policy is implemented and associated documents become active documents within the Provide Group.
4.4
The Group Chief Executive The Group Chief Executive has overall responsibility for the strategic and operational management of Provide which includes ensuring that this policy and associated documents comply with all legal and statutory requirements.
4.5
The Provide Board The Provide Board is responsible for setting the strategic context in which organisational documents are developed, and for ensuring the formal review and approval of documents takes place.
5.
Special Leave arrangements for colleagues
5.1
Under the provisions of this policy for: • •
Emergency Carers Leave and Emergency Leave - Urgent Domestic Situations
employees may be granted a maximum total of up to five paid occasions of leave (pro rata for part-time employees) within a rolling 12-month period. One occasion is deemed to be an employee’s regular working day, regardless of how many hours they are contracted to work on that particular day and how much time they require.
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For Emergency Carers Leave and Emergency Leave - Urgent Domestic Situations, managers will need to consider leave which has already been granted in the previous rolling 12-month period. If an employee has already exceeded the total provision of five occasions (prorata for part-time employees), discussion needs to take place with the employee about other types of leave or arrangements that may be more appropriate. There is no statutory entitlement for paid time off for Compassionate Leave, Emergency Carers Leave or Urgent Domestic Leave, therefore these will be granted at the manager’s discretion and will take into account the needs of the service. 5.2
If a colleague is suspected of providing untruthful or misleading reasons for being granted Special Leave then their application may be treated as potentially fraudulent, and if the employee is working within Provide CIC, the matter may be referred to the NHS Local Counter Fraud Specialist for investigation. Any suspicions of fraud by colleagues who have NHS Agenda for Change Terms and conditions will be reported to the Counter Fraud team for criminal investigation, which may lead to criminal and/or disciplinary action. If the Company has reasonable reason to believe any employee has abused the scheme, this will be dealt with under the Disciplinary Procedure and could also result in pay being recovered, withheld or withdrawn. Abuse of this policy, for example, misrepresenting personal circumstances in order to secure Special Leave set out in this policy, may be grounds for dismissal and will be dealt with under the Disciplinary Policy and Procedure.
5.3
Employees must not be treated detrimentally for taking such leave. Any such treatment of an employee by another worker/employee may be dealt with in accordance with the Dignity at Work Policy (HRPOL30) or Disciplinary Policy (HRPOL14).
5.4
When Special Leave has been requested and/or granted, either paid or unpaid, an employee may not work during the period granted: • • • •
as a locum, via an agency, on bank shifts, or for Workforce Solutions, overtime, for Provide or any other employer, including self-employment and agencies.
Doing so may constitute fraud (please see paragraph 5.2). 5.5
In applying for Special Leave as described in this policy, employees may disclose information of a particularly personal nature. Managers are reminded of the need to treat this information with appropriate respect, sensitivity and confidentiality.
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5.6
Managers will consider each employee’s situation carefully, in line with any prevailing legislation, and will decide whether time off is granted as special leave, or one of the following: •
Time off, which will be worked at a later date (Time off in Lieu – Policy & Procedure (HRPOL53).
•
A period of annual leave (to be deducted from the employee’s annual leave entitlement).
•
Or if the entitlement to annual leave is exhausted, a period of unpaid leave (subject to a maximum of two weeks).
5.7
In exceptional circumstances, additional paid or unpaid Special Leave may be granted, subject to the appropriate Group Chief Officer approval; however, there is no automatic entitlement to this.
5.8
Total absence from work, taken in the circumstances defined by this policy, may include one, or a combination of, paid Special Leave, Annual Leave, unpaid leave or Time off in Lieu.
5.9
Special Leave will not normally be granted whilst an employee is on another form of booked leave, though Provide recognises circumstances may arise where managers’ discretion may be required, such as Compassionate Leave coinciding with a period of pre-booked Annual Leave
5.10
Managers should ensure that requests made by employees under this policy are implemented fairly, transparently and consistently.
STATUTORY AND NON-STATUTORY PROVISIONS 5.11
There are some requirements for time off which are governed by law. In some cases the legislation refers to ‘reasonable’ time off and is not always paid time off, in others there are clearly defined entitlements to leave and pay. These statutory provisions are set out Table 1 below, along with the appropriate Provide policy to reference in this matter:
Table 1 – Statutory Provisions Reasons for time off covered by a statutory provision Accompanying a colleague to disciplinary/grievance hearing Time off for dependents (Emergency carers leave) Civic and Public duties
Where
Adoption Leave
Parental Leave Policy
Ante-natal care provisions
Parental Leave Policy
Bank holidays Daily/weekly rest breaks
Annual Leave Policy Provide Guidance document – Second Jobs, Working Time and Conflict of Interest. Page 9 of 24
to find the Provide policy/guidelines Disciplinary Policy and Procedure and Grievance Policy and Procedure Special Leave Policy Special Leave Policy
Employees under notice of redundancy – Organisational Change Policy e.g. interviews/training Holiday Annual Leave and Bank Guidelines Jury service Special Leave Policy Maternity Leave Parental Leave Policy
Holiday
Shared Parental Leave
Parental Leave Policy
Paternity Leave
Parental Leave Policy
Trade Union duties, training and activities
Training with reserve or cadet forces
Agenda for Change Terms and Conditions of Service Handbook and Partnership Agreement Special Leave Policy
Carers Leave
Special Leave Policy
5.12
There are also other situations where Provide recognises there may be a need to be away from work for reasons. These are listed in the table below.
Table 2 – Non-Statutory Provisions Additional reasons recognised by Provide (non-statutory provision) Bereavement (Compassionate Leave) Employment break Doctor, dentist and other health appointments Cosmetic surgery Domestic emergency Fertility treatment Gender re-assignment Providing Foster Care Job interviews (when affected by an organisational change process) Professional activities Severe weather and other travel problems Sick leave Study leave Volunteering
Where
to find the Provide policy/guidelines Special Leave Policy Special Leave Policy Attendance Management Policy Special Leave Policy Special Leave Policy Special Leave Policy Special Leave Policy Parental Leave Policy Organisational Change Policy Special Leave Policy Adverse Weather and Other Disruptive Conditions Policy and Procedure Attendance Management Policy Continuous Personal and Professional Development (CPPD) Policy Staff Volunteering Policy
6.
EMERGENCY CARERS LEAVE
6.1
The aim of Emergency Carers Leave is to provide an immediate response to enable colleagues to deal with unforeseen emergencies involving dependents. The leave will be essentially short term and will enable the employee to make arrangements to cover the needs which arise, from time to time, in many varied domestic situations. For example, these might include: Page 10 of 24
• •
illness of a child or other close dependents, or a breakdown of normal caring arrangements.
6.2
Paid leave will normally be granted only for the amount of time taken off on the day that the emergency arises, although should managers feel that it is appropriate in the circumstances they may authorise up to a further two days’ leave with pay in exceptional circumstances. Please note that this would be treated as up to three occasions for the purpose of this policy.
6.3
There is no legal requirement for this leave to be paid and no limit to the amount of unpaid Emergency Carers Leave that can be taken where circumstances require it. However, any employee requesting more than five occasions within a 12-month rolling period will be requested to meet with their manager and discuss other options such as the Flexible Working Policy or utilising annual leave in order that service needs are meet.
6.4
Emergency Carers Leave is intended solely to cover emergencies, i.e. unforeseen circumstances that must be addressed immediately, and cannot reasonably be delayed until after the colleague’s normal working day. If the employee knows in advance that they will be required to deal with a situation e.g. a hospital appointment for a child, this may not be considered as an emergency; however they may be able to request TOIL, Annual Leave or Unpaid Leave. Employees can also refer to the Parental Leave Policy.
6.5
By definition, an employee cannot apply for Emergency Carers Leave in advance. If the employee needs to leave work unexpectedly or is unable to start work, they must contact their manager immediately to inform them of the reasons for absence. The manager may grant the leave but delay making a decision on whether the absence will be paid or unpaid until the employee’s return, when they are able to explore the details with the employee. It is the employee’s responsibility to keep in touch with their manager during the leave and to let their manager know when they will be able to return to work. Any failure to do so may result in disciplinary action.
6.6
Emergency Carers Leave is granted only for the time required to deal with the emergency, so the employee must return to work as soon as they have dealt with the emergency. There is no automatic entitlement for Emergency Carers Leave to last the whole shift, this would depend on the circumstances and is at the discretion of the line manager.
6.7
In exceptional circumstances, when the situation results in the employee requiring further time off, the manager and the employee should discuss whether the request for time off could be met by flexible working for a defined period, or whether Annual Leave or Unpaid Leave can be approved.
6.8
All Emergency Carers Leave must be recorded by the employee and manager using the form in Appendix 1 and the manager entering the dates on ESR, as appropriate.
7.0
Additional Support for Carers (please also see Carers Policy HRPOL50)
7.1
Employees who are the primary carer of adults who are disabled, ill or elderly can also discuss the following options with their manager:
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• • • • • 7.2
Accompanying the person to hospital/doctor’s appointments – (time can be agreed to be taken as Annual Leave, TOIL or unpaid leave) Short-term reduction in contracted hours during a period of crisis (see Flexible Working Policy) Short-term change to working pattern during a period of crisis (see Flexible Working Policy) Employment Break e.g. to care for a terminally ill dependent – please see section below. Private telephone calls
Carers may need to check on the person they care for on a regular basis. In these circumstances carers may seek permission from their line manager to make a private call, on their personal mobile, during working time, if such calls cannot be made during natural occurring breaks. Frequency and duration of calls will be at the discretion of the manager, but it is recommended that calls are limited to twice a day at agreed times. Consideration should be given to the possible disruption of other colleagues and the location of call. All of the above are subject to the manager’s discretion and dependent upon service requirements.
8.
CARERS LEAVE
8.1
In addition to the support and leave entitlements detailed above, and the support described in the Carers Policy, all employees are entitled to unpaid leave to give or arrange care for a dependent who has:
• • •
a physical or mental illness or injury that means they’re expected to need care for more than three months; or a disability (as defined in the Equality Act 2010); or care needs because of their old age.
8.2
The dependant does not have to be a family member. It can be anyone who relies on them for care.
8.3
Employees are entitled to up to one week’s Carers Leave every 12 months and this can be taken as a block or in increments of whole or half days. There is no right to additional Carers Leave if an employee has more than one dependent.
8.4
If an employee wishes to take Carers Leave for one day or less, they need to give three days’ notice. If the request is for more than one day, employees must give notice that is twice as long as the period of leave requested (eg one week’s leave would require two weeks’ notice). This notice does not need to be in writing and employees are not required to provide any evidence.
8.5
Managers can delay the leave if it would cause serious disruption. In these instances they would need to: • •
agree another date within one month of the requested date; and put the reason for the delay in writing, within seven days of the original request and before the start date of the leave.
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9.
COMPASSIONATE LEAVE
9.1
The purpose of compassionate leave is to help employees to come to terms with personal issues such as a serious illness or injury of a loved one, serious personal relationship problems or the death of a loved one. It includes time off for any arrangements which may need to be made and time to attend funerals.
9.2
Family situations differ and each case should be viewed sympathetically and the amount of leave will depend on individual circumstances, for example personal relationships, home responsibilities and travel distances. The time allowed can range from just a few hours up to 1 working week of paid leave (pro rata for part time staff) excluding the day of the funeral. In exceptional circumstances only, line managers may seek approval from their Group Chief Officer to extend this period of time. Advice can be sought from the People Partnering Team.
9.3
The employee should inform their manager of the need to take compassionate leave as soon as reasonably possible.
9.4
Managers have the discretion to agree a further period of Annual Leave (or if the entitlement is exhausted, unpaid leave) after the period of Compassionate Leave.
9.5
Under the circumstances, it is likely that compassionate leave may be requested verbally in the first instance. On return to work, all Compassionate Leave must be recorded by the employee and manager using the form in Appendix 1 and the manager entering the dates on ESR, as appropriate.
10.
CHILD BEREAVEMENT LEAVE
10.1
A bereaved parent is anyone who had responsibility as one of the primary carers for a child who is now deceased. This includes adoptive parents, legal guardians, individuals who are fostering to adopt, and any other parent/child relationship that Provide deems to be reasonable. For example, this may include grandparents who have had caring responsibilities for a child, or instances where someone other than the biological parent is the primary carer (this could be the case where the parents of the child have separated). There is no requirement for the child to be under 18 years of age. A bereaved parent will not be required to demonstrate any eligibility criteria in order to access bereavement leave or pay.
10.2
All bereaved parents will be entitled to two weeks’ occupational Child Bereavement pay which will include any entitlement to Statutory Parental Bereavement Pay. Pay will be the same as what the individual would have received had they been at work; this would normally be based on the previous three months at work. Where both parents of a deceased child are employed by Provide, the entitlements in this section will apply to both colleagues. Parents who experience a stillbirth from the 24th week of pregnancy will be eligible for these provisions and will subsequently still be eligible for the provisions set out in the Parental Leave Policy. Page 13 of 24
Bereavement Leave and pay may be extended to colleagues who were hoping to become parents under surrogacy arrangements. Bereaved parents do not have to take the two weeks of leave in a continuous block. The employee should agree with their manager the leave they wish to take. Taking Child Bereavement Leave is an individual choice; it is not compulsory for the employee to take Child Bereavement Leave. 10.3
Bereaved parents may request to take Child Bereavement Leave at any point up to 56 weeks following the death of the child. Should the parent wish to take Child Bereavement Leave immediately following the death of a child they shall be able to do so upon informing their line manager that they will be absent from work for this purpose. Should the parent wish to take Child Bereavement Leave at another time, after the initial period following the death, they should give their line manager reasonable notice of their intention to take the leave at this time. Bereaved parents will not be required to produce the child’s Death Certificate, or any other official documents, to access Child Bereavement Leave or pay. Managers are required to complete the form in Appendix 1 and record the absence on ESR, as appropriate.
11.
EMERGENCY LEAVE - URGENT DOMESTIC SITUATIONS
11.1
Provide is aware that there may be genuine occasions where an employee is required to deal with an unforeseen domestic emergency situation, which cannot be delayed until after the working day. Examples of this may include a fire, flood or a burglary at the employee’s home. It does not apply to planned events such as domestic repairs, refurbishments, building or trades work, installation/repair of appliances, or home deliveries etc.
11.2
Emergency Leave for Urgent Domestic Situations should be granted only for the time required to deal with the emergency, so the employee must return to work as soon as they have dealt with the emergency. There is no entitlement that this type of leave will be for the whole shift, this would depend on the circumstances and is at the discretion of the manager.
11.3
On return to work, all emergency leave for Urgent Domestic Leave must be recorded by the employee and manager using the form in Appendix 1 and the manager entering the dates on ESR.
12.
CIVIC AND PUBLIC DUTIES, PROFESSIONAL ACTIVITIES, TRAINING WITH RESERVE OR CADET FORCES AND JURY SERVICE
12.1
Civic and Public Duties 12.1.1 Employees are legally entitled to reasonable time off work to fulfil certain public duties. Employees may request paid time off for the following duties: • •
Serving as a magistrate or Justice of the Peace; serving as a local Councillor; Page 14 of 24
•
•
Membership of: ➢ a local authority, ➢ a statutory tribunal (e.g. employment tribunal), ➢ a police authority, ➢ a prison independent monitoring board (in England and Wales), ➢ a prison visiting committee (in Scotland), ➢ a relevant health body (e.g. board of an NHS Trust), ➢ a relevant education body (e.g. governing body of a school, Further or Higher Education Institute), ➢ the Environment Agency, ➢ the General Teaching Councils for England and Wales ➢ Scottish Water or a Water Customer Consultant Panel. Trade Union duties.
12.1.2 The dates and amount of time off that a colleague is permitted to take, as well as the conditions of that time off, will need to be considered in each individual case. This will depend upon factors such as: • • •
How much time off is required for the performance of the duties; How much time off the employee has already been permitted for public or civic duties, or for Trade Union duties and activities; and The effect of the employee's absence on the provision of services.
12.1.3 No colleague shall be permitted to take more than a total of 18 days’ paid Special Leave in any financial year for the activities detailed at 5.32 above. Requests for additional unpaid leave, to change working hours, and/or to reduce working hours, either permanently or temporarily, should be considered under the Flexible Working Policy. 12.1.4 Colleagues may also request time off for the following activities not covered by legislation: • •
Attendance at court as a witness; or Attendance as a witness at an appeal hearing unrelated to work.
Documentary evidence should be presented to the manager when requesting the time off work. There is no entitlement for this to be granted as paid leave. 12.2
Professional Activities 12.2.1 Paid time off work will be granted to employees who are required to attend as witnesses in their professional capacity at either court cases e.g. child abuse or professional hearings e.g. NMC. Documentary evidence must be presented to the manager and travel expenses can be claimed from Provide. 12.2.2 Colleagues from professional medical colleague groups e.g. medical colleagues, who are paid as professional witnesses in a court are not entitled to paid leave and would need to request annual leave.
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12.3
Training with the Reserve or Cadet Forces 12.3.1 Colleagues may request paid time off for training with the reserve or cadet forces. They are entitled to up to five days paid and five days unpaid leave in any financial year. This entitlement to five days paid leave must be taken within, not in addition to, the 18 day maximum set out above. 12.3.2 If membership of the Reserve Forces requires the employee to undertake a Tour of Duty this will be supported. In exceptional circumstances, where the absence of the employee will have a highly detrimental effect on the service and cause serious harm, Provide reserves the right to apply to the Reserve Forces Adjudication Officer to have a reservist's call-up notice deferred or revoked. The reservist will not receive remuneration from Provide during the Tour of Duty. 12.3.3 A reservist employee has the qualified right to be reinstated to their former job after demobilisation. To exercise their right to reinstatement, the reservist must write to Provide, not later than the third Monday after demobilisation, specifying a date within the next 13 weeks on which they intend to return to work. That date may be postponed for a further 13 weeks (because of illness or injury, or in other mitigating circumstances) so long as the employee returns to work within six months after demobilisation.
12.4
Jury Service 12.4.1 Employees selected to undertake jury service are entitled to a maximum of two weeks’ paid leave to fulfil this responsibility. Employees selected to attend jury service will not suffer financial detriment for this two-week period, and the employee will be paid their average weekly salary payment (excluding overtime) by Provide for their contracted hours per week. 12.4.2 If employees are discharged from jury service duty early, or are not required on specific days, they are to attend work as per their rota/normal working hours. 12.4.3 Employees who are required to attend jury service for more than two weeks are to make a claim through the jury service system for loss of earnings. The employee should make a further application for unpaid leave under this policy. Employees will need to claim any other expenses incurred as a result of jury service, eg travel expenses, directly from the court. Employees should present original copies of the jury service documentation to their manager. Employees should complete the Special Leave Recording Form (appendix 1) and the manager will approve the leave by signing the form. Line managers should scan the form and documentation email them to HR for centralised filing/recording. Employees should contact the Human Resources department for any further guidance required. 12.4.4 Whilst there is no limit to the number of times that a member of the public can be called for jury service, employees will only be entitled to Page 16 of 24
make a claim for paid Jury Service Leave once every 24 months. If called within a two-year period, employees can make an application to be automatically excused. 12.5
Other Civic or Public duties 12.5.1 With the exception of jury service, colleagues must seek and receive approval from their manager before committing themselves to any civic or public duties that will affect their availability during their normal working hours. Such requests must be made to the employee’s manager, in writing and at the earliest opportunity. 12.5.2 For the purpose of clarity, leave for Civic and Public Duties etc, is in addition to paid special leave. All such time off should be recorded by the employee and manager using the form in Appendix 1 and the manager entering the dates on ESR, where appropriate.
13.
EMPLOYMENT BREAK (FOR COLLEAGUES EMPLOYED VIA NHS TERMS & CONDITIONS ONLY)
13.1
Employees who have a minimum of 12 months’ service with Provide are entitled to apply for an employment break of between three months and five years, in line with the provisions set out in the NHS Terms of Service Handbook.
13.2
The Employment Break scheme is designed to provide a longer period away from work than that provided by Parental Leave and other leave arrangements. The scheme, which is unpaid, can be used for childcare, elder care, care for another dependent, training, study leave or work abroad. Other reasons will be considered on their merits.
13.3
Employment Breaks must be considered against service delivery and the needs of the service e.g. it may not be possible to recruit a replacement on a fixed-term contract for the period of the break. Consideration must be given to matters such as professional registration and whether the period of the break will impact on the competency of the employee.
13.4
There is no automatic entitlement for an agreed Employment Break to be extended. If an employee is unable to return to work at the agreed time then a meeting should be held with the employee to discuss the options available to both parties.
13.5
Employees who are interested in applying for an employment break should apply to their manager in writing. Line managers should seek further guidance from the People Partnering team.
14.
FERTILITY TREATMENT
14.1
Provide will grant a reasonable amount of unpaid leave for an employee to undergo fertility treatment. Alternatively, employees may prefer to take annual leave or make the time up (in accordance with other medical appointment guidance – see Attendance Management Policy and Procedure) at a time mutually agreed with their manager. Which option is taken should be discussed and agreed with the manager, prior to attending the appointment.
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14.2
This leave applies equally to an employee whose partner is undergoing fertility treatment in order that they may attend medical appointments and provide support. An employee who wishes to take time off work for fertility treatment must: •
Inform their manager as soon as their plans to undergo fertility treatment have been confirmed.
•
Produce evidence (e.g. an appointment card) for each occasion that time off is requested.
•
Try to arrange the appointments at times that will cause the minimum amount of disruption to the service/department.
•
Give as much notice as possible of the days during which time off is required.
15.
COSMETIC SURGERY
15.1
For the purposes of this policy, cosmetic surgery is elective surgery that is not considered medically necessary. This includes cosmetic surgery which is concerned with the enhancement of appearance through surgical and medical techniques, e.g. face lifts, breast implants and elective dental surgery.
15.2
Provide will grant a reasonable amount of unpaid leave for an employee to undergo cosmetic surgery. Where unpaid leave has been exhausted employees may prefer to take annual leave entitlement or make the time up (in line with other medical appointment guidance – see Attendance Management Policy and Procedure) at a time mutually agreed with their manager. Which option is taken should be discussed and agreed with the manager prior to attending the appointment.
15.3
An employee who wishes to take time off work for cosmetic surgery must:
15.4
•
discuss with their manager their wish to take time off for cosmetic surgery before finalising their arrangements for undergoing cosmetic surgery.
•
provide a statement from a qualified medical practitioner that cosmetic surgery has been approved and giving the likely duration of recovery, including any adjustments that may be required to their role during their recovery period.
•
in agreement with the manager, arrange a date for cosmetic surgery where possible at a time that will cause the minimum amount of inconvenience to the service/team.
Where the outcome of the surgery is unexpected and/or the employee suffers complications post-surgery, following receipt of a letter from a qualified medical practitioner advising this to be case, sick leave and pay provisions will apply in accordance with Provide Attendance Management Policy and Procedure. In these circumstances, the correct procedure for reporting and certifying absence must be followed.
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The appropriate procedure for the management of long term or short-term absence will apply and, if appropriate, the relevant stages of the procedure implemented. A return-to-work meeting will be carried out upon the employee’s return to work. 16.
GENDER REASSIGNMENT
16.1
An employee who requires time off for medical or other treatment relating to gender reassignment will be treated no less favourably than other employees.
17.
RELIGIOUS OBSERVANCE
17.1
Provide recognises that there may be specific times/dates or certain life events which may require time off for religious observance. In order to support this, managers are required to sensitively consider all requests for annual leave for this purpose.
17.2
Employees should follow the process as identified within the Annual Leave Policy, giving as much notice as possible to assist in the management of the department or service.
17.3
Where an employee requests time off at a particularly busy time or at a time when the employee’s absence would otherwise cause difficulties for the service, or the department, or where the amount of time requested is unreasonable or excessive (taking into account the needs of the service) Provide reserves the right to refuse to grant some or all of the time off requested.
17.4
Provide will endeavour, on request, to alter an employee’s working pattern so that breaks can be granted at times that coincide with their need for religious observance. In considering these requests, managers will need to consider the needs of the service and whether such arrangements might cause disturbance or disruption to other colleagues and/or their working patterns. Employees are required to follow the application process in the Flexible Working Policy to make their request.
17.4
All employees, whatever their religion or belief, will be treated equally in respect of requests for time off for religious observance or requests for alterations to their working patterns for religious reasons.
17.6
In addition, line managers may ask employees to disclose their religion or belief, so that any religious needs can be assessed, and fair consideration can be given to what facilities and arrangements it might reasonably provide for colleagues. While no employee is obliged to disclose their belief or religious practices to their manager, employees are encouraged to do so for this reason.
18.
UNPAID LEAVE
18.1
Colleagues are normally only entitled to the categories of leave provided for within their terms and conditions of employment and / or HR policies, for example, Annual Leave, Parental Leave, paid Special Leave etc.
18.2
There is no automatic right to take unpaid leave, outside of what is described in this policy; employees’ primary duty at all times is to work their contracted Page 19 of 24
hours. However, Provide recognises that occasionally, colleagues may wish to take further leave on an unpaid basis and in these circumstances Provide will endeavour to meet reasonable requests for unpaid leave. 18.3
Application for unpaid leave must be made to an employee’s manager who will consider each individual's circumstances. The application must be approved prior to the employee making any commitments. The amount of unpaid leave granted will depend upon the individual circumstances, the amount of annual leave available, service requirements and availability of cover.
18.4
Annual leave will not be accrued during any unpaid leave in excess of two weeks in a calendar month. Should an employee take more than two weeks unpaid leave, the manager should recalculate their leave.
18.5
All unpaid leave must be recorded by the manager/employee using the form in Appendix 1 and notified to HR/Payroll Department as soon as possible, using a P3 form.
19.
HEALTH / MEDICAL LEAVE
19.1
The appropriate Group Chief Officer have discretion to place an employee on paid Special Leave with full pay if they are concerned about the wellbeing of the individual.
19.2
This is a short-term measure to enable management to gain advice and information from Occupational Health and/or other medical specialists regarding the way forward.
20.
REQUEST FOR SENIOR MANAGER REVIEW
20.1
The granting of Special Leave is made at the discretion of an employee’s line manager, guided by the relevant legislation. However, should an employee feel that the policy has been applied without consistency, transparency or fairness then they may apply to the Director responsible for the Service for a paper review, and this request should be made in accordance with the Grievance Policy & Procedure (HRPOL15). The Director will seek guidance from the People Partnering Team regarding the request for a review.
21.
Monitoring
21.1
This policy will be reviewed at least every three years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements resulting from legislative changes.
21.2
Review will be undertaken by a CIPD registered member of the People Partnering Team and policy outcomes will be monitored. The need for improvement or clarification may be identified through using the process and, where appropriate, amendments will be made.
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Appendix 1 SPECIAL LEAVE RECORDING FORM Employee Name: No. of hours per week:
Job title: Department/ Base:
TYPE OF LEAVE REQUESTED Emergency Carers Leave
Compassionate Leave
Additional Compassionate Leave Carers Leave Emergency Leave – Urgent Domestic Situation
Civic or Public Duties
Professional Activities Training with Reserve or Cadet Forces Fertility Treatment Unpaid Leave
Jury Service
Employment Break
Child Bereavement Leave Cosmetic Surgery
Please detail your reason for requesting Special Leave
Dates Requested: From ……………………………. To…………………………………….
Please attach any documentary evidence - name the documents attached
I provide consent for the reasons for my leave to be shared with my colleagues
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Employee Declaration I have followed the reporting/requesting procedure set out in the policy and I declare that all the information I have given is truthful and accurate. I understand that if I have provided any false or misleading information action may be taken against me, possibly including disciplinary and/or criminal proceedings.
Signature of Employee ________________________________________
For completion by manager NAME OF MANAGER ____________________________ Assessment of Special Leave granted and taken in the last rolling 12 months: 1st 2nd 3rd 4th 5th
The request for Special Leave is approved
/ not approved
This request is approved as paid
OR state other type of leave agreed
unpaid
If not approved, please state the reasons
SIGNATURE ………………………………………….. Date
Management Instructions for recording special leave: • •
Scan this completed form and send to the HR department for central filing hr.provide@nhs.net Enter the dates onto ESR
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EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage 1: ‘Screening’ Name of project/policy/strategy (hereafter referred to as “initiative”):
Special Leave Policy
Provide a brief summary (bullet points) of the aims of the initiative and main activities: Outlines the policy and procedure for taking time off work other than for annual leave or sickness absence Project/Policy Manager:Director, People Partnering
Date: March 2024
This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.
Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group. Neutral - the policy enables all colleagues to request time off work to support their particular personal circumstances.
Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”? Neutral, HR data is not highlighting that more colleagues from minority/underrepresented groups are being declined the opportunity of special leave. We will continue to monitor.
Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies. Time requested and taken under this policy will be monitored annually. The policy sets out a consistent approach to be taken with all staff. A detailed assessment is not needed at this time. Page 23 of 24
Guidelines: Things to consider Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation. The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community. Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified. Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan. Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this? It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process. It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.
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