Associated documents. Version number Version 1.0 Date of this version 29/11/2010 Review date 31/10/2012

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1 Name Summary Associated documents Target audience Version number Version 1.0 Date of this version 29/11/2010 Review date 31/10/2012 Special Leave Policy & Procedure Provides assistance to staff in circumstances where arrangements have unavoidably broken down, or where additional, abnormal pressures arise which may require time off work. NA All staff or individual groups Date of full impact assessment 19/11/2010 Name of Board National Waiting Times Centre Board Approving committee/group SMT and Partnership Forum Document author 1

2 1. Introduction and policy statement The purpose of this policy is to provide a clear framework within which special leave from work may be requested and granted to meet a range of identified circumstances. 2. Scope The Special Leave policy and procedure is applicable to all NWTCB staff, irrespective of length of service, hours of work, or grade. No employee will suffer any detriment as a result of applying for time off under these provisions. 3. Definition of terms The purpose of Special Leave is to ensure all employees are provided with assistance in circumstances where these arrangements have unavoidably broken down, or where additional, abnormal pressures arise which may require time off work. 4. Content 1. Introduction 2. Policy Principles 3. Overview of Policy Provisions 4. Eligibility 5. Carer Leave 6. Serious Illness/ Bereavement Leave 7. Leave for Other Domestic Emergencies 8. Leave to Perform Civic and Public Duties 9. Notifying a Requirement for Special Leave 10. Abuse of Special Leave 11. Medical and Dental Appointments 12. Resolution of Disagreement 13. Monitoring and Review 14. Impact Assessment 2

3 5 Monitoring and Effectiveness This policy will be subject to annual review by the NWTC Partnership Forum to ensure its continued effective operation and to incorporate any relevant legal or regulatory changes. The next scheduled review date is October Equality Impact assessments This policy has been assessed for relevance and screened for equality impact. The relevant assessment documentation is available on request from the HR Manager References Partnership Information Network (PIN), Supporting the Worklife Balance The Employment Relations Act, 1999 The Employment Act, 2002 Appendices Appendix 1: Special Leave Request Form Appendix 2: Summary Table of Special Leave Policy provisions 3

4 1 Introduction The National Waiting Times Centre Board (NWTCB) recognises that many staff are faced with challenges in balancing the demands of their work requirements and domestic responsibilities. While each member of staff is responsible for ensuring that they have the appropriate mechanisms in place to meet their personal responsibilities, the NWTCB is committed to the principle of providing assistance in circumstances where these arrangements have unavoidably broken down, or where additional, abnormal pressures arise which may require time off work. The aim of this policy therefore is to provide a clear framework within which special leave from work may be requested and granted to meet a range of identified circumstances. 2 Policy Principles 2.1 Partnership approach This policy has been developed in partnership between managers and trade union/professional organisation representatives through the auspices of the NWTCB Partnership Forum and will be reviewed in partnership on an annual basis. This process will aim to ensure the effectiveness of the policy and compliance with UK employment law, nationally agreed NHS Terms and Conditions of Service, relevant NHSScotland Partnership Information Network (PIN) policies and guidance, and other best practice. 2.2 Values Both managers and staff are expected to show responsibility for ensuring transparency and fairness in the implementation of this policy, balancing their respective requirements with due consideration of the needs of patients, colleagues and other team members. Consideration should be given to the reasonableness of the duration and timing of special leave, particularly during peak periods of annual leave, and the impact this will have on the delivery of services. Equally, it is important that managers consider sympathetically requests for special leave, which often have to be made at short notice due to circumstances that cannot be foreseen. All requests from staff will be dealt with on a strictly confidential basis. 1

5 2.3 Consistency and equality This policy is intended to ensure that the principles of fairness and equity are applied consistently for all staff in addressing the provisions of this policy. All managers will therefore receive appropriate guidance in the application of this policy and will be provided with support in its implementation from the Human Resources Department. In applying this policy, steps will be taken wherever possible to identify and mitigate any potential for the policy and procedure to have differential impact on employees having regard to their differences, such as ethnicity, gender, disability, age, sexual orientation, religion, literacy or belief. The policy and procedure has been assessed for relevance and screened for equality impact. For any employee who has limited capability to communicate in written or spoken English, either because his/her first language is not English, or for other reasons such as a disability, an interpreter or other specialist support may be involved to ensure full understanding of the provisions of this policy. Appropriate arrangements will be put in place where the manager, in consultation with the employee and/or his/her representative, considers such support to be necessary. In assessing the circumstances under which leave may be requested and granted under this policy, managers are required to take into account all religion or belief obligations and associated activities. 2.4 Definition of Working Week All references to working week throughout this policy refer to the normal number of days and hours that an individual member of staff is contracted to work in a week. 3 Overview of Policy Provisions The provisions of this policy allow for appropriate responses to: the need for a member of staff to provide care to a family member, dependant, close friend or colleague; a family member, dependant, close friend or colleague of an employee suffering illness or ill health; 2

6 a family member, dependant, close friend or colleague of an employee suffering a bereavement; other domestic emergencies The policy also allows for time off to be granted to an employee to undertake civic and/or public duties. 4 Eligibilty The provisions of this policy are applicable to all NWTCB staff, irrespective of length of service, hours of work, or grade. No employee will suffer any detriment as a result of applying for time off under these provisions. 5 Carer Leave 5.1 Purpose Where members of staff are responsible for a dependant, work and home life can cause conflicting pressures. Carer leave is available to enable managers to adopt flexible working practices and provide support at times when employees need assistance to balance their caring responsibilities and their work commitments. For these purposes, a dependant is defined as immediate or extended family, including those acquired through marriage or civil partnerships, or any other individual for whom the employee has a caring responsibility. 5.2 Carer Leave Entitlements Carer leave allows for up to one working week's paid leave, which can be extended by up to a further working week of paid or unpaid leave, to deal with care needs. Often these will be urgent and unforeseen, but leave may also be granted under these provisions to cover disruption to normal care arrangements for dependants which are known about in advance. Thereafter, and depending on the specific circumstances, a manager may agree a period of annual leave or additional unpaid leave. 3

7 5.3 Flexible Arrangements other than Leave The needs of employees who are carers can often be very simple e.g. knowing they will be able to leave work on time each day, or being able to make a telephone call home during the day to check that all is well. Alternatively, a variation in the working pattern, such as altered shifts, or earlier/later starting and stopping times, may provide an adequate solution. Needs such as these may be relatively easy to address, and managers are expected to consider these sympathetically, with a view to reaching a mutually acceptable solution to the employee s requirements There may be circumstances where the employee has to consider more extreme measures, such as a reduction in working hours due to caring demands. Other available alternatives may also be considered, e.g. flexible hours, banking hours, reduced hours/days or a different shift pattern. All proposed changes should be discussed with the manager in the first instance and guidance can be sought from the Human Resources (HR) department on the workings of alternative arrangements that may be considered. While each case must be judged on its individual merits, the NWTCB is committed to ensuring that, where the reason for an employee requesting a change in working practices is for the provision of care, his/her case will be considered sympathetically and will not be unreasonably denied. 6 Serious Illness/Bereavement Leave 6.1 Purpose To provide reasonable support to members of staff at times of distress due to the unforeseen serious illness, or death, of a family member, dependant, close friend or colleague. 6.2 Entitlement Employees will be entitled to paid leave of up to one working week in each circumstance. In particularly distressing circumstances, after discussion with an appropriate member of the HR Department, the manager may extend this by a further week of paid or unpaid leave. In considering the amount of leave, the manager should take into account the specific circumstances. For example: the relationship between the employee and the relative or friend 4

8 whether the employee has the responsibility for funeral arrangements or for the estate of the deceased; the availability of other relatives or friends for support and assistance the distance of the deceased from the place of employment. The amount of leave should be discussed and agreed with the manager taking into account the above. In the case of an employee simply attending the funeral of a friend or colleague, entitlement would normally be limited to reasonable time off to attend the funeral normally not more than half a day, depending on the timing and distance involved. Employees may also utilise annual leave or apply for additional unpaid leave in circumstances where an extended period of leave from work is required in connection with a bereavement or serious illness. 7 Leave for Other Domestic Emergencies 7.1 Purpose This provision exists to enable special leave to be granted in situations of urgent domestic distress where an employee needs to be absent from work in circumstances not covered by sick leave, annual leave, serious illness/bereavement leave, maternity leave, maternity support (paternity) leave, parental leave, adoption and fostering leave or flexible working arrangements. Leave for other Domestic Emergencies is a short-term solution to help employees balance the demands of work and other responsibilities. 7.2 Entitlement It is anticipated that in the majority of circumstances, leave for domestic emergencies will be of a few hours duration however in specific situations additional assistance may be required. A maximum of up to one working week of paid leave may be granted to allow employees to deal with the immediate crisis taking into consideration the amount of time reasonably required to attend to the situation that has arisen. In cases of exceptional difficulty, there is scope for the special leave to be extended for up to a further working week. However this must be 5

9 subject to discussion between the manager and an appropriate member of the HR Department to agree whether any extension of the time off should be paid or unpaid, or if annual leave should be utilised. In exceptional circumstances, a member of staff may be faced with long-term difficulties and the manager, in discussion with an appropriate member of the HR Department, should consider other options to assist in the situation. This could include a reduction in hours, an alteration to the employee's shift pattern, a move to another post etc. 8 Leave to Perform Civic and Public Duties 8.1 Purpose The purpose of this provision is to provide special leave for employees who require time off work to perform essential civic and public duties such as Serving as a member of a public body, eg a Local Council, Children s Panel or Public Authority Training with Volunteer forces Attendance at court as a witness Jury Service This list is illustrative, not exhaustive. 8.2 Entitlement Full details of leave entitlement for training for volunteer forces are outlined in the NWTCB Reserve Forces Training and Mobilisation Policy. For civil and public duties other than jury service or a requirement to attend court as a witness, up to one working week of paid leave can be granted in any 12 month period, taking into consideration the amount of time reasonably required to devote to the issue. In cases of exceptional commitment, the time off provision can be extended for up to a further working week. A discussion should take place between the employee, his/her manager and an appropriate member of the HR Department as to whether this is paid or unpaid, or if annual leave should be utilised. For jury service or a requirement to attend court as a witness, paid leave will be granted for the duration of the requirement. 6

10 9 Notifying a Requirement for Special Leave Members of staff must make their manager aware of the potential need for leave under the provisions of this policy by completing the request form attached in Appendix 1 at the earliest opportunity. Completed request forms are required for recording and monitoring purposes in respect of all periods of special leave. Therefore, where the need for leave is immediate and the form cannot be completed in advance, the employee is required, at the latest, to complete the form upon their return. 10 Abuse of Special Leave Each award of Special Leave is granted for a specific purpose within the provisions of this policy. If the employee uses the leave for some other purpose, then this may be viewed as misconduct and the NWTCB will deal with this situation in accordance with the Board's Disciplinary Policy and Procedure. 11 Medical or Dental Appointments Employees are expected wherever possible to arrange non-urgent medical and dental appointments at times outwith normal working hours or in non-working time within any flexible working system. In the event of an urgent appointment being necessary, which cannot be arranged in non-working time, paid time off will be granted. The employee must inform his/her manager of the absence from work in advance wherever practicable. The employee must be prepared to produce evidence of the appointment if this is requested by the manager. It is acknowledged within this policy that employees have less control over the timing of appointments to attend hospital, whether urgent or non-urgent. Therefore, where a hospital appointment falls within an employee s working hours, managers will do their utmost to accommodate this and grant paid time off to attend. The employee must inform his/her manager of the appointment in advance wherever practicable, and be prepared to produce evidence of the appointment if this is requested by the manager. 12 Resolution of Disagreements No request for leave under this policy will be unreasonably withheld. Should a disagreement arise, the individual has the right to raise a formal grievance. It may be preferable, before progressing to formal procedure, for the manager to seek advice on resolving the matter from an appropriate member of the HR Team. This approach will not 7

11 preclude the employee's right to raise a formal grievance in the event that he/she considers that the matter has not been satisfactorily resolved. 13 Monitoring and Review This policy will be subject to regular review by the NWTC Partnership Forum to ensure its continued effective operation and to incorporate any relevant legal or regulatory changes. The next scheduled review date is October Impact Assessment This policy has been assessed for relevance and screened for equality impact. The relevant assessment documentation is available on request from the HR Department. 8

12 Appendix 1 National Waiting Times Centre Board Special Leave Request Form Application for Special Leave for Domestic, Personal and Family reasons This section to be completed by the employee: Name Job Title Department Reason for Special Leave Request Dates Requested ========================================================== This section to be completed by the manager: Authorising Manager Amount of Leave Authorised Dates approved Paid... Unpaid Reason Request Rejected Date Due to Return to Work Date Returned to Work Manager s Signature.. Date.. A copy of this form should be sent to the Human Resources Department 9

13 Breakdown Carer Leave Domestic Emergencies Appendix 2 National Waiting Times Centre Board Special Leave Policy Aim of Leave Scope of Leave Payment and Leave Arrangements To provide short term leave for a compassionate response to the sudden and immediate need to provide care, or make any necessary long term care arrangements. Arrangements granted when staff need to be absent from work in circumstances not covered by sick leave, annual leave, serious illness/bereavement leave, maternity leave, paternity leave, parental leave, adoption and fostering leave or flexible working arrangements. To deal with immediate, short term incidents and is not intended for long term caring and family needs. Separate arrangements for long term caring responsibilities may be required and alternatives should be discussed. Special leave is a short-term solution to help employees balance the demands of work and other responsibilities. It is intended to provide time to deal with an immediate crisis e.g. burst pipes. Paid leave of up to one contractual week where an employee faces an unexpected crisis. This may be extended in exceptional circumstances by a further week subject to discussions taking place with the relevant manager and HR. The extended period may be paid or unpaid depending on the situation. Normally a few hours however may be extended to a maximum of up to one working week of paid leave taking into consideration the amount of time reasonably required to attend to the situation that has arisen. This can in exceptional circumstances be extended for up to a further working week. Depending on the situation, this may be paid or unpaid, or in some circumstances annual leave should be utilised. 1

14 Serious Illness/ Bereavement Leave Other Types of Special Leave To help employees when they suffer bereavement and to allow for a compassionate response when an employee suffers a loss. Instances where staff to be absent from work to perform 'essential civic and public duties'. Leave will be short term and will be considered for the death, serious illness or acute need of a family member, dependent close friend and colleague. Leave will be short term to enable the staff member to fulfil their duties Employees will be entitled to paid leave of up to one contractual week dependent on the individual circumstance. This can be extended for up to a further working week and may be paid or unpaid. Up to one working week of paid leave may be granted taking into consideration the amount of time reasonable required to devote to the issue. In cases of exceptional difficulty, this can be extended for up to a further working week. Discuss with HR as to whether this is paid or unpaid, or if annual leave should be utilised. Leave for training for reserve forces is included within NWTCB reserve forces training & mobilisation policy. 2