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1 The HFEA aims to encourage our employees to maximise their attendance at work. It is recognised, however, that a certain level of absence from work is inevitable for a variety of reasons. While the HFEA understand that there will inevitably be some absence among employees, we must also pay due regard to our business needs. If an employee is frequently absent from work or is absent for a lengthy period (for whatever reasons), this can damage efficiency and productivity, and place an additional burden of work on the employee's colleagues. With this policy, the HFEA aims to strike a reasonable balance between the pursuit of our business needs and the genuine needs of employees to be absent from work because of family, domestic or other reasons. The key aim of the policy is to encourage reliable attendance among all employees, so that a dependable staffing base can be established to meet the HFEA s needs. The HFEA may, at its discretion, grant time off work on a paid or unpaid basis to employees. This policy sets out what is acceptable. Managers responsible for staff are expected to manage their employees' attendance. The HFEA recognises that employees may from time to time experience emergencies at home, such as a flood, fire or burglary. Those employees who experience genuine domestic emergencies may need to take a reasonable amount of time off work to deal with the emergency. The policy does not apply to planned events such as domestic repairs, refurbishment, building or trades work, installation of appliances, home deliveries, etc. In the event of a domestic emergency arising, the employee should notify his/her manager as soon as it is reasonably practicable (either face-to-face if the employee is at work or otherwise by telephone), explaining the nature of the emergency and how much time off work the employee thinks he/she will need, (eg: morning or whole day). It is the HFEA s policy to pay employees their normal rate of basic pay when they are absent from work as a direct result of a genuine domestic emergency, although this is subject to the discretion of the employee's line manager. Furthermore, pay will be maintained only provided that: the employee notifies his/her line manager of the emergency as soon as it is reasonably practicable to do so; and the amount of time off work taken is only that necessary to resolve the immediate emergency (this would normally be no more than one day). Once the immediate emergency has been taken care of, the employee is expected to return to work or, if further time off is necessary, to arrange to take it as paid or unpaid leave, subject to the agreement of his/her line manager.

2 If an employee takes frequent or regular time off on account of domestic problems, the line manager has the discretion either: to require the employee to make up for the time off by working extra time on another occasion; or to grant unpaid leave. The HFEA recognises that some employees have caring responsibilities and that they may need support to combine work with care. The HFEA aims to give carers the same recruitment and career opportunities as everyone else. It will give carers as much support as is reasonably practicable to achieve this objective. The organisation recognises that employees with caring responsibilities cannot always plan ahead for time off. Accidents and some illnesses occur without warning, and care arrangements can break down unexpectedly. The ability to take leave in an emergency is important for carers, who may be called on at short notice. Employees have the right to take a reasonable amount of time off work for their dependants. Dependants are: the employee's spouse, civil partner, partner; the employee's child; the employee's parent; a person who lives in the employee's household (excluding tenants, lodgers, boarders and employees); any other person who reasonably relies on the employee for assistance in the event of an accident or illness or to make arrangements for care in the event of an illness or injury, for example an elderly neighbour; and in relation to the disruption or termination of care for a dependant, any other person who reasonably relies on the employee to make arrangements for the provision of care. The circumstances in which employees may take time off for dependants are specified in legislation. These are to: provide assistance when a dependant falls ill, gives birth or is injured or assaulted; make arrangements to provide care to a dependant who is ill or injured; deal with the unexpected disruption or termination of arrangements for the care of a dependant; or deal with an incident involving the employee's child during school hours. The HFEA also offers employees the opportunity to request to work reduced hours for a temporary period to deal with an emergency situation. Pay, pension and holiday entitlement would be pro rata accordingly. Page 2 of 8

3 Full pay will be paid for up to five days per rolling year for any emergency special leave. These days should be agreed by the line manager and recorded on HR.Net accordingly. Employees with at least one year s service can request a period of 18 weeks' leave that may be taken by a parent until the child's 18th birthday. Ordinary parental leave may be taken in blocks of one week only, unless the child is disabled, subject to a maximum of four weeks' parental leave in any one year. Ordinary parental leave is unpaid. In the event of the death of a member of the employee's immediate family (spouse, civil partner, partner, parent, child, sibling or grandparent), the employee may contact their line manager to request up to 5 days compassionate leave. In the case of the death of another close relative (who is not the employee's dependant), for example an aunt, uncle, cousin or parent-in-law, or a close friend, the employee may request compassionate leave to attend the funeral. Requests for up to 5 days' compassionate leave will also be considered to help the employee come to terms with the serious illness or injury of an immediate family member or severe personal problems. Each case will be viewed sympathetically and the amount of leave will depend on the individual's circumstances. Compassionate leave is paid. Employees will from time to time need to attend medical, hospital, dental, optician and other similar appointments. Whenever it is possible to do so, employees (both full time and part time) should endeavour to arrange such appointments in their own time or, if this is not possible, then at times that will cause the minimum amount of absence from work or inconvenience to the HFEA, for example the beginning or end of the day. However, because the HFEA accepts that it is not always possible or practical to arrange medical and other similar appointments outside working hours, it is the HFEA's policy to permit reasonable time off work for such appointments. Provided that an employee gives his/her line manager reasonable notice of the date and time of an appointment, time off with pay will normally be granted, although this is subject to the discretion of the employee's line manager. Where, however, time off for appointments becomes frequent or regular, or starts to cause difficulties for the employee's department or the wider organisation, the line manager has the discretion either to require the employee to make up for the time off by working extra time on another occasion, or to grant any further time off without pay. Page 3 of 8

4 Employees must obtain approval from their line manager in advance of any appointment. The line manager reserves the right to ask an employee to reschedule an appointment if its timing would cause disruption to the HFEA's business. The line manager may also, at his/her discretion, ask the employee to produce an appointment card. Cosmetic surgery is surgery that is not considered to be medically necessary. This includes surgery, which is concerned with the enhancement of appearance through surgical and medical techniques, eg face-lifts or breast implants. It also includes other medical procedures such as laser eye treatment, vasectomies, and the removal of warts. Time off for cosmetic surgery may be taken from the employees annual leave entitlement or can be taken as unpaid. Any leave granted, will be subject to the availability of others to cover the employee's period of absence. Sensitivity around this issue will be considered. It is the policy of the HFEA to grant ' paid leave for an employee to undergo fertility treatment. The policy applies equally to an employee whose partner is undergoing fertility treatment. The amount of time allowed will be based on a case by case basis. If the employee requires more time off they may be allowed to take time off out of his/her annual holiday entitlement. General hospital appointments can also be used for scans and other appointments, where necessary. In order to qualify for time off under this policy, the employee must have a minimum of 6 months' continuous service. Where an employee holds a public office or public position, it is the HFEA's policy to grant a reasonable amount of time off work so that the employee can perform the duties associated with that position. The employee will not be required to make up for any such time off by working additional hours at another time. Under s.50 of the Employment Rights Act 1996 employees have a right to reasonable unpaid time off during working hours to carry out certain public duties. These include: a magistrate (also known as a justice of the peace) a local councillor a school governor a member of any statutory tribunal (eg an employment tribunal) a member of the managing or governing body of an educational establishment a member of a health authority a member of a school council or board in Scotland a member of the General Teaching Councils for England and Wales Page 4 of 8

5 a member of the Environment Agency or the Scottish Environment Protection agency a member of the prison independent monitoring boards (England or Wales) or a member of the prison visiting committees (Scotland) a member of Scottish Water or a Water Customer Consultation Panel a trade union member (for trade union duties) Army Reserves There is no definition in law as to how much time off is reasonable for the purpose of public duties. The amount of time off should be agreed between the employee and their line-manager beforehand, based on: how long the duties might take the amount of time the employee has already had off for public duties how the time off will affect the business The employer can refuse a request for time off if they think it s unreasonable. Employees in the Army Reserves or other reserve forces have certain protections under employment law if they re called up for service. Employers of reservists also have particular rights and obligations in this situation - eg they may be able to claim financial assistance or apply for an exemption. Where an employee is called upon for public duties, he/she should contact his/her line manager to request time off work. In requesting time off an employee should provide a copy of any documentation issued, ie: court summons. The employee will be paid whilst on public duties at the normal rate of pay for up to 5 days in a rolling year, subject to the deduction of any monies received in respect of loss of earnings. Some public duties, such as jury service or magistrate duties, have specific requirements which mean that more than 5 rolling days special leave may need to be paid (subject to any deductions for loss of earnings). Such requests will be referred to the Senior Management Team (SMT) for decision. This type of public service does not affect special leave entitlement for other reasons. The HFEA supports employees who wish to take part in voluntary activity as they can learn new skills, use their skills to help the community and local area, and improve their morale and physical health. The HFEA supports employees who are undertaking community or charitable activities, including: community care work; environmental work and conservation projects; fundraising for community projects or charities; and the administration of public events. The types of volunteering that will be supported are entirely at the discretion of the organisation. Volunteering schemes are open to all employees. Employees who would like to apply to take part in a volunteering scheme must first obtain the permission of their line manager. The arrangements that are made to allow an employee to carry out the volunteering work will depend on the scale and nature of the project. Page 5 of 8

6 The employee may be given paid special leave up to a maximum of 3 days per rolling year in order to carry out work on the project, they may also be able to use their annual holiday entitlement or unpaid leave. Employees should inform their line manager that they have applied for a volunteering role at the opportunity, so that they can discuss with their line manager how the organisation might support them in carrying out the voluntary work. Employees are eligible to apply for extended unpaid leave to undertake, for example, research, further education or travel. Both full-time and part-time employees are potentially eligible. Any unpaid leave granted, will be subject to the availability of staff to cover the employee's period of absence and will be agreed on a case by case basis, dependent on business needs. The purpose of extended unpaid leave will normally be linked to personal development outside the usual confines of the job, allowing the employee to return to work with new ideas and enhanced skills. Unpaid leave may, at the Employer's discretion, be granted more than once during the course of an employee's employment but only in exceptional circumstances and only where a period of 1 year or more has passed since the employee returned to work following his/her first period of unpaid leave. Although this leave is unpaid, the contract of employment remains in force, (ie length of service). Pension contributions cease during unpaid leave and no annual leave is accrued. The employee will be required to keep in contact with his/her line manager/department head whilst on extended unpaid leave on a monthly basis. This may be by telephone, by , or by post. During the period of the employee's unpaid leave, the employee remains an employee of the HFEA on the normal terms and conditions of employment. Therefore, the employee will not be permitted to take up alternative employment or to provide new consultancy services to any third party. All provisions as to confidential information will continue to apply. Employees who wish to take time off work around the time of a sporting or other special event should request annual leave in the normal way. Employees should apply for such annual leave well in advance of the event. However, in the case of sporting or other special events the line manager may, at their discretion, also consider late requests for time off work, including half days depending on the needs of the business. The HFEA will, whenever possible, seek to grant the time off that employees request on a first come first served basis. However, employees should note that the HFEA must maintain a minimum level of staffing at all times for both operational and safety reasons. Therefore, if senior managers take the view that a special or sporting event is likely to attract significant interest and a high number of requests for annual leave, it may put in place measures to manage these requests effectively and fairly. This might include consideration of requests on a team by team basis to ensure appropriate cover. During special events, the HFEA will permit flexibility in start and finish times for employees who wish to attend or watch a special event if this does not create operational difficulties. For events that begin around midday, employees may request to take a longer lunch-break with working time Page 6 of 8

7 being made up as appropriate. Similarly, if an event is scheduled to begin in the late afternoon or early evening, managers may permit employees to leave work up to an hour earlier than their normal finishing time, such requests must be made in advance in the normal way. This will be on the basis that an employee who seeks such flexibility must: obtain his or her line manager s permission in advance for any variations to his or her working hours; and agree to make up any lost time within two weeks at a time designated or approved by his or her line manager. The HFEA may, at its discretion, provide access to a television in a designated communal area if a major sporting match or other important event is being televised during working hours. Employees must nevertheless always obtain permission from their line manager before leaving their place of work to watch the event. Permission to watch the event will be granted only where it does not cause any disruption to the employee s work, or inconvenience to other employees. Where employees are permitted to watch the event on television, they may, at the HFEA s discretion, be required to make up the lost work time. Similarly, the HFEA may vary its policy on use of the internet during a major event to allow employees to watch the event on their workplace computers. Again, this is not a right and employees must obtain express permission from their line manager before accessing or watching any special event on the internet at work. One day paid special leave may be granted for certain events, subject to business needs being addressed, as listed below: Regional HASSRA events, eg annual sports day Annual Royal Garden Party If more than one day s paid leave is requested, this will be referred to SMT for decision. An employee who needs to request any type of special leave should contact his/her line manager at the earliest opportunity. If the employee becomes aware of an emergency situation while at work, he/she should immediately seek the permission of his/her line manager to leave work early. The employee must explain: the nature of the leave; the reason for the absence; and how long he/she expects to be absent from work. If the employee is unable to contact the manager before he/she needs the emergency leave to commence, he/she must contact the manager as soon as possible, no later than 10.00am, where possible. In any event, the employee must also give the manager an estimate of the amount of time off that he/she believes will be required. If the employee s line manager is unavailable, he/she must seek permission from an equivalent or more senior manager or HR. Page 7 of 8

8 If the emergency is ongoing, the employee must report to the line manager on the following day to update them on the reason for the ongoing absence and to estimate how long it is expected to continue. The employee must inform the line manager as soon as possible of any change in the anticipated date of his/her return to work. If an employee is absent from work without permission or reasonable explanation and/or fails properly and effectively to notify the HFEA of his/her absence, this may be treated as a serious disciplinary offence, potentially constituting gross misconduct. In the event of a dispute between an employee and his/her line manager about whether a particular incident or occurrence falls under the terms of this policy, a more senior manager shall be responsible for determining whether or not the employee s request for time off relates to a genuine family emergency. The more senior manager s decision will be final. Document name HR policy HR018 Special leave Release date 23 February 2016 Author Rachel Hopkins/Julie Hegarty Approved by CMG/SMT Next review date February 2018 Total pages 8 Version/revision control Version Changes Updated by Approved by Release date 1 JH RH 29/6/ Reviewed and updated, including additional provisions 2.1 HR policy review group comments included 2.2 CMG comments included and final version approved 2.3 Final version put in corporate template (TRIM 2016/003063) and published on intranet JH RH 18/08/15 JH RH 01/09/15 RH SMT/CMG 24/09/15 JH RH 23/02/16 Page 8 of 8