Special Leave Policy and Procedure

Transcription

1 Special Leave Policy and Procedure 1 Scope and Purpose 1.1 Cardiff and Vale College is committed to being a family friendly organisation and helping working parents. The College recognises that there are times when employees will need short periods of time off work to deal with family and domestic situations. 1.2 There may be instances where an employee requests time off for reasons not covered by this policy and employees and managers are reminded to consider the full range of policies available at Cardiff and Vale College. Other college policies may be more appropriate, e.g. annual leave, parental leave, or the flexible working policy. 1.3 This policy is designed to support employees where they need to take time off from their work duties balanced against the need for the college to minimise any disruption to its business and the impact on students that employee absence will create. The policy operates on the basis of mutual trust and cooperation. Any abuse of the policy may lead to disciplinary action up to and including dismissal. 1.4 It is not permissible for an employee to request, or for a manager to require an employee, to take sick leave in any circumstances other than when an employee is genuinely unfit to attend work. 1.5 This policy applies to all employees of Cardiff and Vale College. Policy Statements 2 Guidelines The College has adopted a series of guidelines within this Policy: a) Time Off for Dependants; b) Compassionate Leave; c) Other Occasions where Special Leave may be granted with Salary; d) Other Occasions where Special Leave may be granted without Salary; e) Further Information 3 What is Parental Leave? 3.1 Parental leave is available to enable parents to take time off work to look after a child or to make arrangements for the child s welfare. Parents can use it to spend more time with their children and strike a better balance between 1

2 their work and family commitments. Parental leave is unpaid and is available in addition to maternity and paternity leave 3.2 Qualifying for Parental Leave Under the Employment Rights Act (1996) Parental leave is available to members of staff, both men and women who meet the following conditions: They have been in the college for more than a year They are named on the child s birth or adoption certificate They have or expect to have parental responsibility* 1 A guardian who has legal responsibility for the child They are not self-employed or a worker e.g. an agency worker or contractor They are not a foster parent (unless they have secured parental responsibility through the courts) The child is under 5 (or 18 in special circumstances) 3.3 In the event that an employee is not covered under the scope of the Employment Rights Act there is further discourse to flexible working contained within the Flexible Working Policy. 4 How much leave is available? 4.1 Members of staff who qualify are entitled 2 to a total of 18 weeks leave for each child under the age of 5, or a child who was adopted in the past five years and is under the age of 18. If, for example, a member of staff has twins, or more than one child is placed for adoption, they can take 18 weeks leave for each child. 4.2 Members of staff with a disabled child 3 are entitled to a total of 18 weeks leave which can be taken up until their 18th birthday. 4.3 In instances where the College employs both parents, each parent is entitled to claim their full 18 weeks per child. This entitlement is an individual right and cannot be transferred between parents. 4.4 A maximum of 4 weeks can be taken in any year in respect of each child. This can be extended at the discretion of your line manager where there are exceptional circumstances. 1 Parental responsibility is covered under Governmental guidelines that are applicable to Mother s, Father s and Same-Sex Parents either inside or outside of marriage or civil partnerships. Governmental guidelines are also dependent on geographical location of the child s birth which is also covered under the following: 2 Entitlement guidelines can be found at 3 In cases where Disability Living Allowance has been awarded as outlined in Government guidelines 2

3 4.5 One week's parental leave is equal to the length of time that an employee is normally required to work in a week e.g. if an employee works a three day working week then one week s leave for the purpose of the policy would be three working days. If an employee's working pattern varies from week to week, you must calculate an average working week as a fraction of the period for which the employee is required to work in a year. 4.6 Leave must be taken in blocks or multiples of one week except in the case of disabled children when leave can be taken in single or multiples of day(s). Thus employees taking 4 individual days in 4 separate weeks will use a whole year s entitlement. This does not apply to parents of children with a disability for whom leave can be taken as outlined above in single or multiple days. In these instances this will be counted in days and anything shorter than a normal working week will be counted as days and not as a week as in the case of parents with non-disabled children. 4.7 The leave can be taken up until the child s 5th birthday, or in cases of adoption or other legal guardianship, during the five years following the placement or adoption or up to the child s 18th birthday, whichever is sooner. 4.8 There may be circumstances where there is no date of placement, for example if the child is already in a family when a step-parent formally adopts the child. In such circumstances, the period in which leave can be taken starts when the step-parent acquires a reasonable expectation of gaining parental responsibility and ends on the child s 5th birthday, or 18th birthday in relation to a disabled child. If Parental Leave is taken and an employee uses this leave for any other purpose than to care for their child then this will be deemed as abuse of this policy and action may be taken under the College s disciplinary procedures. 4.9 After taking Parental Leave for a period of 4 weeks or less, a staff member has the right to return to the same job with the same terms and conditions if this is reasonably practicable. However, if this is not reasonably practicable, the employee has the right to be offered an alternative job that is suitable and appropriate. 5 Applying for leave 5.1 Immediately after the birth or adoption of a child 3 Members of staff who wish to support their partner immediately following the birth of a baby or placement of a child should submit their request to take leave to their manager at least 21 days prior to the expected week of childbirth, or in cases of adoption, 21 days prior to the expected week of placement. If this is not possible, an adoptive parent should give the notice as soon as is reasonably possible. Once the request is submitted it is automatically approved and cannot be postponed.

4 5.2 At the end of a period of maternity leave If a member of staff intends to take a period of Parental Leave immediately following the end of their maternity leave, they should submit their request at the same time as they provide notification of their arrangements for returning to work. In-line with the maternity policy intention of this needs to be put into writing to the College at least 28 days notice before the day on which she wishes to return to work. Please refer to the maternity policy for further information. Once the line manager has approved an application for parental leave, they should forward a copy of the request, along with confirmation of the parental leave dates, to their HR team. HR will then liaise with payroll to ensure the correct salary payment is made for this period. 5.3 At any other time A request for leave must be submitted in writing by the member of staff to their line manager, at least 28 days in advance of the start of the intended leave. 6 Documentation 6.1 At the first request for parental leave by a member of staff, the line manager is required to obtain a copy of the child's birth certificate, adoption date, entitlement to disability allowance or any other appropriate documentation which will then be retained on file to verify eligibility for any future parental leave applications. 6.2 Once the line manager has approved an application for parental leave, they will forward a copy of the request, along with confirmation of the parental leave dates, to their HR team. HR will then liaise with payroll to ensure the correct salary payment is made for this period. 7 Postponing a Request for Leave 7.1 Other than where Parental Leave is requested immediately following the birth or adoption of a child, a department or division may postpone a request for leave where it considers that granting the leave at that time would severely disrupt normal operation. This could include, for example, where work is at a seasonal peak, where the absence of the member of staff would undermine operational effectiveness or where other members of staff have requested parental leave at the same time and it would be very difficult to accommodate further leave. 4

5 7.2 Leave cannot be postponed for any longer than 6 months from the date on which the parental leave originally requested was intended to start. Furthermore, leave cannot be postponed if it means an employee would no longer qualify for parental leave e.g. postponing it until after the child s 5 th birthday or if its being taken by the father or partner immediately after the birth or adoption of a child. 7.3 If a request for leave is to be postponed, the department should discuss the reasons with the member of staff immediately upon receiving the request. A note confirming this discussion, including the reason for the postponement and revised dates for leave, must be sent to the member of staff within 7 days of receiving the request. The College cannot change the amount of leave being requested. 8 Is there a right to return to the same job after parental leave? 8.1 At the end of a period of parental leave of 4 weeks or less, staff have the right to return to the same job which they had before the period of leave unless a redundancy situation arises. 8.2 If an exceptional period of leave (in excess of 4 weeks) has been taken, and if it is not reasonably practicable for a member of staff to return to the same job, then they have the right to return to a similar job which has terms and conditions which are not less favourable than the old job, unless a redundancy situation arises. 8.3 Where parental leave of 4 weeks or less follows directly the first 26 weeks of maternity leave; a woman is entitled to return to the same job as she had before the leave unless a redundancy situation arises. 8.4 However, if parental leave is taken from weeks 27 onwards or more than 4 weeks parental leave is taken at the end of the first 26 weeks and it is not reasonably practicable for a member of staff to return to the same job, then they have a right to return to a similar job which has terms and conditions which are not less favourable than the old job, unless a redundancy situation arises. 8.5 Line managers and supervisors are required to familiarise and understand this procedure. 8.6 Examples when Parental Leave may be taken for the purpose of caring for their child are: Accompanying a child during a stay in hospital Spending more time with a child in their early years Settling a child into new childcare arrangement Spending more time together as a family 5

6 8.7 Record Keeping HR will keep a record of the leave granted as overall maximum leave available is 18 weeks per child. Information will be recorded on the HR database and employees file, as this information may be needed at a later date if the member of staff leaves or for entry on other relevant documentation. The Manager should notify HR immediately who will complete the relevant form to notify Finance. 9 Time off for Dependants These guidelines reflect the provisions of the Employee Rights Act 1996 as amended by the Employee Relations Act They contain the right allowing employees to take a reasonable amount of unpaid time off work to deal with certain unexpected or sudden emergencies and to make any necessary longer-term arrangements. The statutory right to time of for dependants is unpaid. 10 Who is Eligible for Time off for Dependants? The right enables employees to take action which is necessary to deal with an unexpected or sudden problem concerning a dependant and make any longer term arrangements: a) If a dependant falls ill, or has been injured or assaulted. The illness need not necessarily be life threatening or serious and may be mental or physical; b) To make longer term care arrangements for a dependant who is ill or injured; c) To deal with an unexpected disruption or breakdown of care arrangements for a dependant, e.g. a childminder is unexpectedly unavailable; d) To deal with an unexpected incident involving the employee s child during school hours, e.g. if their child has been taken ill or has had an accident. The right is not available to deal with unexpected domestic circumstances e.g floods or problems with the central heating system. 11 What is meant by Dependant? Dependants for the purpose of this policy will be taken as: 6

7 a) Husband, Wife, Partner of the employee 4 b) A child of an employee c) A parent of an employee d) A person in the same household, e.g. a partner or an elderly relative. It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, such as a live-in housekeeper. e) In cases of illness, or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency. 11 Notification Procedure 11.1 Employees must tell the college as soon as practicable the reason for their absence and how long they are expected to be away from work There may be exceptional circumstances where an employee returns to work before it is possible to contact the employer, but he or she should still complete a paid or unpaid leave of absence form as applicable for the college s records. Failure to inform line management or complete the relevant paperwork may result in the College viewing the absence as both unpaid and unauthorised, in line with the Absence Management policy and may result in disciplinary action. 12 How and when can Time off for Dependants be taken? 12.1 This right is generally for unforeseen matters. If employees know in advance that they are going to need time off, they should ask for leave in the usual way. This may involve someone taking annual leave or some other form of leave if the employer provides it. (Also please see Parental Leave) The legislation does not specify the amount of time that is reasonable, since this will vary according to the circumstances of the emergency. In some cases, one or two days may be sufficient to deal with the problem. 13 What happens if an employee needs longer time off? Where the duration of time is in excess of this limit the situation should be referred to the in the first instance who may refer the situation to the designated Director or HR of the employee for a decision. 14 Compassionate Leave 14.1 The statutory right to time off for dependants is unpaid. However, the college allows a provision for compassionate leave of up to a maximum of 5 days in any year, a year being across an academic year. 7

8 14.2 This provision covers paid time off for a member of staff following a family bereavement of a husband, wife, father, mother, father-in-law, mother-in-law, children or partner, brother or sister and allows for paid time off to make funeral arrangements if you are the sole relative Exceptional circumstances may be considered at the discretion of the line manager who will need to take into account: The nature of your relationship with the deceased The extent to which other family members are available to support Your responsibilities in relation to the deceased How far away you are from the deceased 15 Who is Eligible for Time off for Compassionate Leave? Any employee regardless of service is eligible to apply in the following circumstances: 8 a) To deal with sudden or unavoidable events; b) Serious family illness; c) To deal with the distress of a family matter 16 How and when can Time off for Dependants be taken? 16.1 The employee should advise their line manager as soon as possible of the circumstances either in person or by telephone. A paid leave form will also have to be completed. The line manager will consult with HR and at their discretion a maximum of 5 days compassionate leave will be granted based on the individual details of the application When assessing the length of leave required, consideration should be given to the availability of annual leave, the appropriateness of time off for dependants and the possibility of agreeing a variation to normal working time. 17 What happens if an employee needs longer time off? The College will consider applications for additional compassionate leave for family bereavements where the employee will have to attend a funeral abroad or in the case of caring for terminally ill dependants. Where the duration of time is in excess of this limit HR may refer the situation to the designated Director for the employee for a decision to be made. 18 Paid Time off under the Special Leave Policy 18.1 Time off under this policy may be paid or unpaid depending on the nature and the duration of the time off granted.

9 18.2 Where an employee is approved to take a period of paid time off under this policy, they will receive pay at their normal basic rate of pay. This will not include any shift or unsocial hour s premium payments that the employee might normally be entitled to receive had they been in work Applications for paid leave should be received by the line manager at least five working days prior to the appointment unless there are exceptional circumstances such as personal domestic emergency or equivalent Applications which do not follow the policy timeframes will not be approved by the line manager except in exceptional circumstances and the employee will therefore be required to take this time off as annual or unpaid leave or time off in lieu. 9

10 19 Reason for Absence Reason for Absence Paid or Unpaid Allowable Absence Bereavement Paid Maximum of five days in any one year period Job Interviews Unpaid s discretion With (W) or without (WO) pay W The amount will depend on circumstances, relationship to the deceased e.g. immediate family and responsibility for funeral arrangements External: Annual leave or unpaid leave (WO) Internal: Paid Authorisation Leave for Examinations Meetings of Examiners Paid (If it benefits role) Paid Half day to revise (per exam) Half day to sit (per exam) Chief Examiners and Chief Moderators W W Maximum of ten days leave per year Leave for Religious Events Relevant training for recognised Trade Union Representatives Service in HM Forces or Territorial Army Attendance at Court Unpaid Assistant Examiners and Assistant Moderators Maximum of five day leave per year Up to four days per annum. W Maximum of five days leave per year WO flexibility for taking paid annual leave or making hours up Paid As may be required W Reasonable level of time off for training is paid Paid Paid Not more than ten days in any one year (provided the college is satisfied that that training cannot take place outside of college hours) Time to attend Court (As a Juror or a Witness) not in connection to work W W through court expenses procedure. Refer to HR after signing off so that relevant Jury Forms can Inspirational. Inclusive. Influential. Ysbrydoledig. Cynhwysol. Dylanwadol. Revision No: Revision Date: Original Page 10 of 12

11 Domestic or Personal Emergencies Personal Medical Appointments Paid Paid Discretion to allow time off in exceptional circumstances Depending on circumstances up to a maximum of 2 days paid leave for each circumstance. Each case being dealt with on its own merits Reasonable time off allowed. Time off for appointment plus reasonable travelling time (Copy of appointment card has to be attached) Appointments should be arranged outside working hours where possible. W - Compulsory attendance at court for other purposes e.g. defendant/plaintiff W - Leave in order to deal with certain unexpected or sudden emergencies which are immediate, severe or tragic and to make necessary long term arrangements e.g. care of a dependant, critical illness of family, fire, theft, floods, child care arrangements W - To accompany a dependant home following in-patient treatment in hospital, to secure hospital admission, to accompany a dependent to attend a medical appointment at hospital or at their GP s which cannot be arranged outside working hours or attendance at an urgent specialist hospital for staff accompanying their own children W - Attendance at medical boards, personal attendance at hospitals, special consultation etc. be completed Time allowed for appointment plus reasonable travel time. (Copy of appointment card has to be attached) If no appointment card is attached the form may not be processed. There will undoubtedly be exceptional circumstances where it would be appropriate to grant Special Leave which is not covered above. In these cases if s are unsure they should consult with HR Inspirational. Inclusive. Influential. Ysbrydoledig. Cynhwysol. Dylanwadol. Revision No: Revision Date: Original Page 11 of 12

12 Equality and Diversity Statement In accordance with College procedures, an Equality Impact Assessment is being undertaken for this policy. Health and Safety Implications None Linked Policies None Linked Procedures None Location and Access to the Policy This is available from the staff intranet and may be out of date if printed. Date approved: 27 th March 2015 Responsible Manager: HR Business Partner Approved by: Executive Team Executive Lead: : Assistant Principal HR Review date: March 2016 Accessible to Students: : No Inspirational. Inclusive. Influential. Ysbrydoledig. Cynhwysol. Dylanwadol. Revision No: Revision Date: Original Page 12 of 12